The statutes of the United Kingdom of Great Britain and Ireland [1807-1868/69]

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THE

STATUTE S

OF

THE UNITED KINGDOM

OF

GREAT BRITAIN AND IRELAND,

17 & 18 VICTORIA. 1854.

LONDON:

Printed by Her Majesty's Printers ;

1854.

(Price 1/. &r. in Boards.)

urr

S ^ ^ io 3

A

TABLE

ContainiD^. thd TITIiBS of aU

THE STATUTES

Passed in the SECOND Session of the SIXTEENTH

Parliament

OF

The United Elingdom of Oreat Britain and Ireland;
17^ & 18^ VICTORIiE.

PUBLIC GENERAL ACTS.

1. AN Act to explain and amend an Act of the last Session

relating to the Duties of Assessed Taxes, and to authoriae
Justices of the Peace in Ireland to administer Oaths required
in Matters relating to Income Tax. Page 1

2. An Act to apply the Sum of Eight Millions out of the Con-
solidated Fund to the Serrice of the Year One thousand eight
hundred and fifty*four. S-

3. An Act for raising the Sum of One million seven hundred
and fiftj thousand Pounds by Exchequer Bills, for the Service
of the Year One thousand eight hundred and fifty-four. Ibid.

4. An Act for punishing Mutiny and Desertion, and for the
better Payment of the Ajrmy and their Quarters. Ihid.

6. An Act to admit Foreign Ships to the Coasting Trade. 21

6. An Act for the Regulation of Her Majest/s Royal Marine
Forces while on shore. 22

7. An Act for extending the Time limited for putting into exe-
cution the Act of the Fourteenth and Fifteenth Years of Her
present Majesty, for the better Management and Control of
Highways in South Wales. 86

8. An Act further to amend an Act relating to the Valuation of
rateable Property in Ireland. 37

9. An Act to authorize the Inclosure of certain Lands in pur-
suance of a Report of the Inclosure Commissioners for England
and Waiee. 39

10. An Act for granting to Her Majesty additional Duties on Profits
arising from Property, Professions, Trades, and Offices. 40

11. An Act to amend the Laws relating to Ministers Money, and
the Church Temporalities (Ireland) Act. 41

A2

IT The TITLES of the STATUTES,

12. An Act for raising the Sum of Sixteen millions twentj-foar
thousand one hundred Pounds hj Exchequer Bills, for the Ser-
vice of the Year One thousand eight hundred and fiftj-
four. Page 46

13. An Act to amend the Acts relating to the Militia of the United
Kingdom. Jhid.

14. An Act to continue Her Majesty's Commission for building
new Churches. 47

15. An Act to empower the Commissioners of the Admiralty to
construct a Tunnel between Her Majesty's Dockyard at Devon^
port and Her Majesty's Steam Factory Yard at Keif ham, and
to acquire certain Property for Her Mjijesty's Service. 49

16. An Act to amend the Act of the Thirteenth and Fourteenth
Victoria^ Chapter Sixty-one, and the Act of the Fifteenth and
Sixteenth Victoria^ Chapter Fifty-four. 57

17. An Act to make further Provision for defining the Boundaries
of Counties, Baronies, Half Baronies, Parishes, Town Lands,
and other Divisions and Denominations of Land in Ireland for
Public Purposes. 58

18. An Act for the Encouragement of Seamen and the more
effectual Manning of Her Majesty's Navy during the present
War. 64

19. An Act for facilitating the Payment of Her Majesty's Navy,
and the Payment and Distribution of Prize, Bounty, Salvage,
and other Monies to and amongst the Officers and Crews of Her
Majesty's Ships and Vessels of War ; and for the better Regu-
lation of the Accounts relating thereto. 79

20. An Act to repeal an Act of the Fifty-third Year of King
George the Third, Chapter Seventy-two, and an Act of the
Eighth Year of Her present Majesty, Chapter Twenty-one;
and for making Provision for the Appointment and for Re-
muneration of a Stipendiary Justice for the Division of Man-
chester in the County of Lancaster^ and of Clerks to such
Justice and the Justices for the Borough of Salford ; and for
other Purposes. 83

21. An Act to apply the Sum of Eight Millions out of the Con-
solidated Fund to the Service of tlie Year One thousand eight
hundred and fifty-four. 98

22. An Act to enable the Collector General of Dublin to levy
Money to repay a certain Outlay by the Corporation for pre-
serving and improving the Port of Dublin in and about repair-
ing the Quay Wall of the River Liffet/, and for future Repairs
thereof, and for repairing and rebuilding Bridges over the said
River. Ibid.

23. An Act for raising the Sum of Six Millions by Exchequer
Bonds and Exchequer Bills. 103

24. An Act for granting to Her Majesty an increased Rate of
Duty on Profits arising from Property, Professions, Trades, and
Offices. 104

25. An Act to amend the Industrial and Provident Societies Act,
1852. 106

26. An Act to assimilate the Law and Practice existing in Cases
of High Treason in Ireland to the Law and Practice existing in
Cases of High Treason in England. 109

iPablie General) n** & 18« VlCTORIiE.

37. An Act for granting certain addiiional Rates and Duties of
Excise. JPa(/e 110

28. An Act to alter and amend certain Duties of Customs. 122

29. An Act to alter the Duties of Customs on Sugar, Molasses, and
Spirits. 124

30. An Act for granting certain Duties of Excise on Sugar made
in the United Kingdom. 127

31. An Act for the better Regulation of the Traffic on Railways
and Canals. 130

32. An Act to facilitate the Apportionment of the Rent when
Parts of Lands in Lease are taken for the Purposes of the
Church Building Acts. 134

33. An Act to place Public Statues within the Metropolitan
Police District under the Control of the Commissioners of Her
M^estj's Works and Public Buildings. 135

34. An Act to enable the Courts of Law in England^ Ireland^
and Scotland to issue Process to compel the Attendance of
Witne&ses out of their Jurisdiction, and to give Effect to the
Senrioe of such Process in any Part of the United King-
dom. 137

3o. An Act to repeal certain Provisions of an Act of the Fifth
and Sixth Years of Her present Majesty, concerning the holding
of Assizes for the County of Warwick. 139

36. An Act for preventing Frauds upon Creditors by secret Bills
of Sale of Personal Chattels. 140

37. An Act for establishing the Validity of certain Proceedings
in Her Majesty's Court of Vice- Admiralty in Mauritius. 144

38. An Act for the Suppression of Gaming Houses. Ibid.

39. An Act to indemnify such Persons in the United Kingdom as
have omitted to qualify themselves for Offices and Employments,
and to extend the Time limited for those Purposes respec-
tively. 149

40. An Act to continue an Act of the last Session of Parliament,
for extending for a limited Time the Provision for Abatement of
Income Tax in respect of Insurance on Lives. 163

41. An Act to continue the Poor Law Board. lo4

42. An Act to continue certain Acts for regulating Turnpike
Roads in Ireland. Ibid.

43. An Act to continue an Act of the Seventeenth Year of Her
present Majesty, for charging the Maintenance of certain poor
Persons in Unions in England and fVales upon the Common
Fund. 155

44. An Act for regulating and maintaining the Harbours of Holy-
head^ and for vesting them in the Admiralty. 156

45. An Act to amend the Dublin Carriage Act, 1853. 162

46. An Act to continue certain Acts relating to Linen, Hempen,
and other Manufactures in Ireland. 173

47. An Act to alter and improve the Mode of taking Evidence
in the Ecclesiastical Courts o£ England B.nd Wa'es. 174

48. An Act to authorize the Inclosure of certain Lands in pur-
suance of a Special Report of the Inclosure Commissioners for
England And ^f'ales. Ibid.

49. An Act for the Settlement of Claims upon and over the New
Forest. 175

A3

ti Tfee TITLES of the STATUTES,

50. An Aot to continue an Act of the Twelfth Tear of Her' pre-:
sent Majesty, for amending the Laws relating to Savings Banks
in Ireland; and to authorize Friendly Societies to invest the
whole of their Funds in Savings Banks. Pag^ 181

51. An Act to confirm certain Provisional Orders made under an
Act of the Fifteenth Tear of Her present Majesty, to facilitate
Arrangements for the Relief of Turnpike Trusts, and to make
certain Provisions respecting Exemptions from Tolls. 182

52. An Act to continue an Act for authorizing the Application of
Highway Rates to Turnpike Roads. 184

58. An Act to confirm Provisional Orders of the General Board of
Health for the Districts o^PiymotUh, Haworth^ Aberdare, Bishop
Auckland, Willenhally and Over Darwen, Ibid.

^4. An Act to guarantee the Liquidation of a Loan or Loans for
the Service of the Colony of Jamaica. 205

55. An Act for the Registration of Bills of Sale in Ireland. 208

56. An Act to make further Provisions in relation to certain
Friendly Societies. 2 1 1

^7. An Act to amend the Law relating to the Appointment of
Returning Officers in certain Cases. 214

58. An Act to continue certain Turnpike Acts, in Great Britain,
and to make further Provisions concerning Turnpike Roads in
England. 215

59. An Act to allow Verdicts on Trials by Jury in Civil Causes
in Scotland to be returned although the Jury may not be
unanimous. 220

60. An Act to amend an Act of the Twelfth and Thirteenth Tears
of Her present Majesty, for the more effectual Prevention of

' Crneltv to Animals. J^fid.

61. An Act to authorize the Application of a Sura of Money out
of the forfeited and unclaimed Army Prize Fund in enlarging
and improving the Royal Military Asylum. 222

62. An Act to extend the Benefits of Two Acts of Her Majesty
relating to the Constitution, Transmission, and Extinction of
Heritable Securities in Scotland. 223

63. An Act to continue the Poor Law Commission for Ireland. 224

64. An Act to amend an Act of the last Session, for extending the
Public Libraries Act, 1850, to Ireland bh^ Scotland. 225

65. An Act for further continuing certain temporary Provisions
concerning Ecclesiastical Jurisdiction in England. 229

66. An Act to continue the Exemption of Inhabitants from Lia-
bility to be rated as such in respect of Stock in Trade or other
Property to the Relief of the Poor. Ibid.

67. An Act to facilitate the Purchase of Common, Commonable,
and other Rights by the Principal Officers of Her Majesty's
Ordnance. 230

68. An Act to provide for the Application of certain Stock
purchased with Monies which arose from the Sale of Pariof the
Land Revenues of the Crown in Ireland. 231

69. An Act to indemnify Local Boards of Health as regards rating
for the Repair of Highways under the Public Health Act,
1848. 232

70. An Act to enable the Trustees of Portland Chapel, Oxford
Chapel, and Welbeck Chapel, in the Parish of Saini Maryle-

{Public .General^ 17 « & 18* VICTOBI^. vii

btmej io augment the Sftlanes of the Ministers of ^ said
Glu^lfl. Pas^e 232

71. An Act to amend the Law concerning the making of Borough
BateflinBozoughanotwithintheMnnicipalCorporationActs. 235.

72. An Act to provide for Payment of the Salaries of the Sheriff
and Sheriff Clerk of Chancerf in Seodand. 287

73. An Act to amend the Acts for the Beguhition of Joint Stock
Banks in ScoUand. 238

74. An Act to render Befonnatory and Indnstnal Schools in Scot'
land more available for the Benefit of Vagrant Children. 239

75. An Act to remove Doubts concerning the due Acknowledg-
ment of Deeds by Married Women in certain Cases. 242

76. An Act for the Formation, Begulationy and Government of
Convict Prisons in Lrdand. 243

77. An Act to provide for the Mode of passing Letters Patent and
olher Acts of the Crown relating to India^ and for vesting certain
Powers in the Governor General of Ind^ in CounciL 251

7S. An Act to appoint Persons to administer Oaths taid.to
substitute Stamps in lieu of Fees, and for other Purposes,
in the High Court of Admiralty of England. 253

79«? An Act for further regulating the Sale of Beer and other

. liquors on tha Lord's Day. J257

W. An Act to provide for the better Begistration of Births,
Deaths, and Marriages in Scotland. 258

81. . An Act to make forthei^ Provision fSor the good Gk)vemment
and Extension of the University of Oxford, of Ihe Colleges
therein, and of the College of Saint Mary^ Winekesier. 286

92. An Act fortberto improve the Adminiatratian of Justice in
the Court of Chancery of the County Palatine oS Lancaster. 297

S3. An Act to amend the Laws relatmg to the£tamp Duties. 303

S4a An Act to extend the Provisions of the Acts for the Augmenta-
tion of Benefices. 314

BS. An Act for better securing the collecting and accounting for
the Land Tax, Assessed Taxes, and Lioome Tax, by the Col*
lectors thereof. 317

86u An Act for the better Care and Beformation of Youthful
Offenders in Great Britain. 320

87. An Act to make fut'ther Provision for the Burial of the Dead
in Snffland beyond the Limits of the Metropolis. 323

88. An Act to render valid certain Marriages of BriHsh Subjects
in Mexico. 326

89. An Act to amend the Laws for the better Prevention of the
Sale of Spirits by unlicensed Persons, and for the Suppression
of Illicit Distillation, in Ireland. 327

90. An Act to repeal the Laws relating to Usury and to the
Enrolment of Annuities. 334

91. An Act for the Valuation of Lands and Heritages in Scot-
land. 337

92. An Act to continue an Act of the Eleventh Tear of Her present
Majesty, for the better Prevention of Crime and Outrage in
certain Parts of Ireland. 356

93. An Act for the Exchange of the Office in Somerset Bouse of
the Duchy of Comwall for an Office to be erected in Pimlico on
the Hereditary Possessions of the Crown. Ibid.

A 4

Tiu ^ The TITLES of the STATUTES,

94. An Act to alter' the Mode of providing for certain Expenses
now charged upon certain Branches of the Public Revenues -and
upon the Consolidated Fund. Page 360

95. An Act to make better Provision for the Administration of
the Laws relating to the Public Health. 369

96. An Act for allowing Gold Wares to be manufactured at a
lower Standard than that now allowed by Law, and to amend
the Law relating to the assaying of Gold and Stiver Wares. 371

97. An Act to amend and extend the Acts for the Inclosure,
Exchange, and Improvemenrof Land. 373

98. An Act to regulate the Salaries of the Parochial School-
masters of Scotland. 378

99. An Act to provide for the Establishment of a National Gallery
of Paintings, Sculpture, and the Fine Arts, for the Care of a
Public Library, and the Erection of a Public Museum, in
Dublin. IbkL

100. An Act to make further Provision for the more speedy and
efficient Despatch of Business in the High Court of Chan-
cery. 386

101. An Act to continue and amend the Acts now in force
relating to Friendly Societies. 388

102. An Act to consolidate and amend the Laws relating to
Bribery, Treating, and undue Influence at Elections of Members
of Parliament. Ibid.

103. An Act to make better Provision for the paving, lighting,
draining, cleansing, supplying with Water, and Regulation of
Towns in Ireland. 402

104. An Act to amend and consolidate the Acts relating to
Merchant Shipping. 44o

105. An Act to amend the Laws relating to the Militia in England
and Wales. 641

106. An Act for amending the Laws relating to the Militia, and
raising a Volunteeu Force, in Scotland. 659

107. An Act to amend the Laws relating to the Militia, and for
raising a Volunteer Militia Force, in Ireland. 681

108. An Act to suspend the making of Lists and the Ballots for
the Militia of the United Kingdom. 694

109. An Act to defray the Chnrge of the Pay, Clothing, and con-
tingent and other Expenses of the Disembodied Militia in GrecU
Britain and Ireland; to grant Allowances in certain Cases to
Subaltern Officers, Adjutants, Paymasters, Quartermasters, Sur-
geons, Assistant Surgeons, Surgeons Mates, and Sergeant Majors
of the Militia ; and to authorize the Employment of the Non-
commissioned Officers. 695

110. An Act to provide for the Repayment of Monies advanced
from the Exchequer to the County of Mayo for Public Pur-
poses. 715

111. An Act to continue and amend the Metropolitan Sewers
Acts. 719

1 12. An Act to afford greater Facilities for the Establishment of
Institutions for the Promotion of Literature and Science and
the Fine Arts, and to provide for their better Regulation. 724

113. An Act to amend the Law relating to the Administration of
the Estates of deceased Persons. 732

(Local ^ rersonal) 17*^ & 18° VICTORIiE.

1 14. An Act to extend the Rights enjoyed by the Graduates of
the- Universities of Oxford and Cambridge in respect to the
Pmetice of Physic to the Graduates of the University of
Zomhm. Page 733

115. An Act to amend the Law relative to the Removal of
PHaoners in Custody. 734

116. An Act to continue and amend an Act to facilitate the
Management and Improvement of Episcopal and Capitular
Estates in England. 736

117. An Act to facilitate the Sale and Transfer of Incumbered
Estates in the We9t Indies. 741

118. An Act to empower the Legislature of Canada to alter the
Constitution of the Legislative Council for that Province, and
for other Purposes. 757

1 19. Ab Act for regulating Appointments to Offices in the Court
of Bankruptcy, and for amending the Laws relating to Bank-
rupts. 759

120. An Act to repeal certain Acts and Parts of Acts relating
to Merchant Shipping, and to continue certain Provisions in the
said Acts. 765

121. An Act to apply a Sum out of the Consolidated Fund and
certain other Sums to the Service of the Year One thousand
eight hundred and fifty-four, and to appropriate the Supplies
granted in this Session of Parliament. 773

122. An Act for the further Alteration and Amendment of the
Laws and Duties of Customs. 783

123. An Act to render any Dealing with Securities issued during
the present War between Russia and England by the Russian
Government a Misdemeanor. 789

124. An Act to settle the Contribution to be made by certain
Baronips in Roscotnmon and Galwat/ and the County of the
Town of Galway to the Midland Great Western Railway of
Ireland Company. 790

\25. An Act for the further Amendment of the Process, Practice,
and Mode uf Pleading in and enlarging the Jurisdiction of the
Superior Courts of Common Law at Westminster^ and of the
Superior Courts of Common Law of the Counties Palatine of
lutneaster and Durham. 794

LOCAL AND PERSONAL ACTS,

DECLARED PUBLIC,
AND TO BE JUDICIALLY NOTICED.

LAN Act for better supplying with G
and the Neighbourhood thereof

i Gas the Town of Middleton

in the County Palatine of

Lancaster. 814

ii. An Act to enable the London Life Association to increase the

Amount authorized by their Deed of Settlement to be assured

upon a single Life in the said Society. Ibid.

. . The TITLES of the STATUTES, .

iii. An Act. for granting further Powers to '' The Radcliffe and
PUkington Gas Company.'* Page 814

iv. An Act to enable the Leeds New Gas Company to raise a
further Sum of Money ; to consolidate and amend the Acts
relating to the Company ; and for other Purposes. Ibid^

V. An Act for enabling the Brighton^ Hove^ a»d Preiton Constant
Service Waterworks Company to purchase the Undertaking of
the Brighton^ JTovey and Presttm Waterworks Company ; and
for granting to the first-named Company all necessary Powers
for supplying with Water the Parishes of Brighton^ H^ve^ and
Preston in the County of Sussex. * Ibid.

vi. An Act for incorporating and extending the Powers of the
Hastings and Saint Leonards Gas Company. Ibid.

vii. An Act for enabling the Norwich Equitable Fire Assurance
Company to sue and be sued in that Name, and for other
Purposes. 815

viii. An Act for the Improvement of the Borough of Warrington ;
and for enabling the Council thereof to erect a covered Market ;
and for other Purposes. Ibid

ix. An Act to warp and improve certain Lands in the Level of
Hatfield Chase. Ibid

X. An Act for enabling the Nottingham Waterworks Company, to
raise a further Sum of Money ; and for amending some of the
Provisions of the Act relating to such Company. Ibid.

xi. An Act to consolidate the Stock and Powers of the Corpora-
tion of '' The Royal Exchange Assurance of Houses and Goods
from Fire " with the Stock and Powers of the Corporation of
^' The Royal Exchange Assurance," and to confer on the last-
named Corporation the Powers of '^ The Royal Exchange Assur-
ance Annuity Company " and '* The Royal Exchange Assurance
Loan Company,*' and to give additional Powers to ^ The Royal
Exchange Assurance." Ibid.

x\L An Act to confer additional Powers upon the Corporation of
the Amicable Society for a perpetual Assurance Office, for. the
Purposes of Investment. Ibid.

xiii. An Act to enable the Dock Company at Kingston-upon'HuU
to raise a further Sum of Money, and to convert the Mortgage
and Bond Debt of the Company into Debenture Stock and Per-
petual Annuities ; and for other Purposes. Ibid.

xiv. An Act for establishing a Police Superannuation Fund in
the Boruogh of Liverpool. 816

XV. An Act to make further Provision for the Sewerage, Sanitary
Regulation, and Improvement of the Borough of Liverpool. Ibid

xvi. An Act for better supplying with Water the Town of South-
port in the County Palatine of Lancaster^ and the Neighbour-
hood thereof. Ibid.

xvii. An Act for supplying with Gas Ramsbottom and other Places
in the Parish oiBury in the County Palatine of Lancaster. Ibid.

xviii. An Act to enable the Rossendale Waterworks Company to
raise a further Sum of Money. Ibid.

xix. An Act for enabling the Scarborough Public Market C(mi-
pany to raise a further' Sum of Money, and for amending and
consolidating the Provisions of the Act relating to such Com-
pany. Ibid.

{Local tf Personal) 47 « & 18'» -VICTORIJE.

An Act for lighting with Gas the Borough of Bolton and
Places near thereto, and for other Purposes, and of which
the Short Title is ''The BoUon Gas Company's Act,
1854." jPo^eSie

xxi. An Act for continuing the Term and amending and extend-
ing the Provisions of the Act relating to the Kmgswood District
of Turnpike Roads in the County of Gloucester. Ibid.

xxii. An Act for repealing *' The Stafford Gas Act, 1846;" and
for re-constituting the Stafford Gas Company, with additional
Powers ; and for other Purposes. 817

xxiii. An Act to enable *' The Burry Port Company " to raise
additional Capital, and to make Arrangements for the Satisfac*
tion of the Mortgage and other Debts due from the Company ;
Mid to amend the Acts relating to the Company ; and for other
- Purposes. Ibid.

xxiv. An Act to enable the Whitehaven Junction Railway Com-
pany to raise a further Sum of Money, and to amend the Acts
relating to the said Railway. ^ Ibid.

An Act for improving and maintaining the Harbour or Port
of Port Gordon in the (>>unty of Banff, Ibid,

An Act for lighting with Gas Bacup, Waterfooty Newckurchy
BawtensUdlj Crawshaio Boothy and other Places in the Forest of
Botsendale in, Lancashire. Ibid.

zzviL An Act for suppljring with Water the Town and Municipal
Borough of Clitheroe, in the County of Lancaster. Ibid^

zxviii. An Act for enabling the Mayor, Aldermen, and Citizens
' of the City of Manchester to widen certain Streets in and other-
wise improve the said City ; to raise a further Sum of Money ;
and for other Purposes. 818

sdx. An Act to amend ah Agt intituled An Act for incorporating
the Madras RaUway Companyy and for other Purposes connect^
therewith. Ibid.

xxx. An Act for better supplying the Inhabitants of the Parish
of Marrow in the County of Middksex with Water. Bnd.

zxxi. An Act for the Improvement of the City of Herefordy and
for other Purposes, and of which the Short Title is ''The
Hereford Improvement Act, 1854." Rid,

xxxii. An Act for building a Bridge over the River Tamcy to

• connect the Borough of Ashton-umier'Lyne with the Township
9f Dukmfield. Ibid.

Jtxxiii. An Act for more effectually lighting with Gas the Town

• of Cardiff and certain Parishes adjacent thereto in the County
of Glamorgan. Ibid.

xxxiv. An Act ibr making and maintaining Docks in the Borough
and County of Newcasde^upon-Tyne. 819

zzxv. An Act to enable the Mayor, Aldermen, and Burgesses of
the Borough of Weymouth and Melcombe Regis in the County
of Dorset to provide Market Houses for the Sale of certain
marketable Commodities, and to erect and maintain an im-
proved Pier or Landing Place within the Borough, and for
other Purposes. Ibid.

sxzvi. An Act to i-epeal the Act relating to the RidghOl and

; Lanes and Holehouse Turnpike Road, and to make other Pro*

• visions in lieu thereof. Ibid.

xii The TITLES of the STATUTES^

xxxvii. An Act to enable the Company of Proprietors of the
Birmingham Waterworks to raise further Monej. Page 819

xxxviii. An Act for the Extension of the Manchester Corporation
Waterworks, and for other Purposes, and of which the Short
Title is " The Manchester Corporation Waterworks Act»
1854." Ibid.

xxxix. An Act to enable the New River Company to construct
certain Sewers, Drains, and other Works in and near the Town
of Hertford; and for other Purposes. Ibid.

xl. An Act for the Improvement of the Town of WellingUm in
the County of Salop. 830

xli. An Act for paving, lighting, watching, draining, cleansing,
regulating, and otherwise itaproving the Town of West Hart*
lepool and Part of the Township of Stranton in the County
of Durham; for providing a Cemetery; and for other Pur-
poses. ' Ibid.

xlii. An Act to enable the Brighton and Hove General Gas
Company to raise a further Sum of Money; and for other
Purposes. Ibid.

xliii. An Act for granting certain Powers to "The National
Assurance and Investment Association." Ibid.

xliv. An Act to amend the Act incorporating the Chreat Indian
Peninsula Railway Company, and for other Purposes connected
therewith. Ibid

xlv. An Act for making new Docks and other Works at Belfast^
and for other Purposes, and of which the Short Title is '' The
Belfast Dock Act, 1854." Ibid.

xlvi. An Act for more effectually protecting certain Lands, form-
ing Part of the Rossall Estate in the Township of Tliornton in
the Parish of Poulton le Fylde in the County of Lancaster
from Inundation by the Sea. Ibid.

xlvii. An Act to renew the Term and continue certain of the
Powers of an Act passed in the Seventh Year of the Reign of
His Majo^ty King George the Fourth, intituled An Act for
making and maintaining a Turnpike Road from South Shields
to White Mere Pool, and from thence to join the Durham and
Newcastle Turnpike Road at Vigo Lane, with a Branch from J hv^
row Slake to East Boldon, a// in the County <2^ Durham. Ibid.

xlviii. An Act to renew the Term and continue the Powers of an
Act passed in the Ninth Year of the Reign of His Majesty
King George the Fourth, intituled An Act for more effectually
repairing and improving the Roads from Kippings Cross to
Wilsley Green, and from a Place near Goudhurst Gore to
Stilebridge, and from Underden Green to Wanshutts Green,
all in the County of Kent. 831

xlix. An Act for more effectually paving, lighting, and improving
the Town of Abergavenny in the County of Monmouth^ for
mnintatning the Markets within such Town, and for supplying
the same with Water. . Ibid.

1. An Act to create a further Term in the Buckingham and
Towcester Road, and to amend and extend the Act relating
thereto ; and for other Purposes. Ibid.

li. An Act for better supplying with Water the Parish and Envi-
rons of Louth in the County of Lincoln. Ibid.

{Locai ^ Ph-sanal) 17^ & IS** VICTORIA. iiU

lii. An Act for making a Street from Boihwell Sireei to Saint
Vmeent Street in the City of Glasgow. Page 831

liii. An Act for enabling the South Staffordshire Railway Com-
pany to make Branch Railways to Cannock and Norton^ to
acquire additional Lands in the Parish of Wednedmryy and fov
other Purposes. 832

liT. An Act to incorporate the Guild of Literature and Art^ and
to enable it to hold Land. Ibid.

Iv. An Act to consolidate and amend tlie Acts relating to the
Imperial Gaslight and Coke Company, and to increase the
Capital of the Company. Ibid.

Ivi. An Act for improving the Harbour, reconstructing the Pier,
and defining the Limits of the Port and Harbour of Saint Mawes
in the County of Cornwall. Ibid.

Ivii. An Act for authorizing the Newcasde-upon- Tyne and Carlisle
Railway Company to raise further Monies for the Purposes of
their Undertaking ; and for other Purposes. Ibid.

Iviii. An Act for enabling the Lanccuhire and Yorkshire Rail-
way Company to construct a Railway from Kirkdale to the
Liverpool Docks, with connecting Lines there ; and for other
Purposes. Ibid.

iix. An Act to enable the Lancashire and Yorkshire Railway Com-
pany to construct a Branch Railway to near Middleton in the
County of Lancaster; and for other Purposes. 833

Ix. An Act for enabling the Whittle Dean Water Company to ex-
tend their Works, and to obtain a further Supply of Water from
certain Rivers and Streams in the County of Northumberland^
in order to afford a better Supply of Water to the Inhabitants
at Newcastle-upon-Tyne^ Gateshead, and other Places in the
Counties of Northumberland BXi^ Durham; and for consolidating
and amending the Acts relating to such Company. Ibid.

Ixi. An Act to enable the London, Brighton, and South Coast
Railway Company to enlarge their Stations at Neio Cross, the
Bricklayers Arms, and Nortcood; to widen the Branch Railway
called " The Thames Junction Railway," and their Main Line of
Railway in the Neighbourhood of such Branch ; to increase
their Capital, and to establish a Provident Institution for their
Servants and Workmen ; and for other Purposes. Ibid.

Ixii. An Act to authorize the Parliamentary Trustees on the
River Clyde and Harbour of Glasgow to raise a further Sum of
Money, and to fund the Debt of the Trust; and for other Pur-
poses. - Ibid.

Ixiii. An Act for repealing an Act passed in the Sixth Year of the
Reign of His late Majesty King William the Fourtli, for esta-
blishing a Market for the Sale of Cattle in the Parish of Saint
Mary Islington in the County of Middlesex. Ibid.

Ixiv. An Act for making a Railway from the Whitehaven and
Fumess Junction Railway near Whitehaven to Egremont in the
County of Cumberland, with a Branch therefrom to Frizington
in the same County, to be called the Whitehaven^ Cleator, and
Egremont Railway ; and for other Purposes. 834

Ixv. An Act for amending " The East London Waterworks Act,
1853." Ibid.

:tiv :. The TITLES of the STATUTES,

IzvL An Act for better supplying with Water the Towa of
Padiham and the Nttghboorhood thereof, and the Villtges
of Habergham or Cheapside and Lower ffmtseg or ThonMU
Holmey all in the Parish of Whalley in the Conotj of Lan*
caster. Page 835

Ixvii. An Act for the Improvement of the Town of Burtiley and
Parts of the Neighbourhood thereof, and ft>r other Purposes,
and of which the Short Title is '* The Burnley Improvement
Act, 1854." Ibid.

Izviii. An Act for making a Railway from the London^ Brighton^
and South Coast Railway to Caterham in the County of Surrey,

886

Ixix. An Act for granting further Powers to the Eastern Union
Railway Company with respect to the Extension to Wood-
bridge, Ibid*,

Ixx. An Act to enable the Stockton^ Middlesbrough, and Yarm
Water Company to supply with Water the Township of Norton
in the County of Durham^ and the Townships of Coatham and
Redcar in the North Riding of the County of Yorki and other
Places on the Line of the Mains and Pipes of the Company ;

* and to enable the Company to raise a further Sum of Money ;
and to amend the Act relating to the Company ; and for other
Purposes. Ibid,

Ixxi. An Act to repeal certain Acts relating to the Petworth
Turnpike Roads, and to make other Provisions in lieu thereof!

Ibid.

Ixxii. An Act enable the New River Company to construct new
Reservoirs and other Works in the County of Middlesex, Ibid,

Ixxiii. An Act for enabling the York, Newcasde, and Berwick
Railway Company to purchase all or any Estates, Rights, and
Interests existing in the Lands or Grounds upon or adjoining to
which the Railway of the said Company, called '* The PonUip
and South Shields Railway," has been formed*, or otherwise to
occupy such Lands or Grounds. 845

Ixxiv. An Act for maintaining the Turnpike Road from Green-
heady through Haltwhistle^ Hexhaniy and Corbridge^ to the Mili-
tary Road near Shildon Bar^ and the Branch Road from Cor-
bridge to Heddon-on-the- fVally all in the County of Northumber-
land, Ibid.

Ixxv. An Act to create a further Term in the Trowbridge Roads,
to add other Roads to the Trust, to amend and extend the Act
relating to the said Roads, and for other Purposes. Ibid,

Ixxvi. An Act to enable the Fumess Railway Company to raise a
further Sum of Money ; and for the Amendment of the Acts
relating to the said Company. Ibid.

Ixxvil. An Act to make Provision with resi>ect to Water Supply
and Police for Shipley, BaHdon^ and WindliiU in the West
Riding of the County of York, Ibid,

Ixxviii. An Act to incorporate '^ The Kingston-upon- Thames Gas
Company," and to enable them to light with Gas the Parishes
of Kifigston, Long Ditton, and Thames Ditton in the County of
Surrey. Ibid^

(^TAfcal ^ Personal) l7* & 18^ VICTORI-^. XY

Ixxiz. An Act for enabHng the Bfyih and Tyne Bailwaj Compfuiy
to constract Railways to T^ynemauUi, and the Longhirst Station
of the Vorkf Neweastk^ and Berwick Railway in the County of
Narthuinberland; and for consolidating and amending the Acts
relating to such Company. Poge 846

Ixxx. Ati Act to enable the North London Railway Company
to construct a Station or Depot near to the new Metropolitan
Cattlo Market; to raise additional Capital; and for other Fur^
poses. Ibid.

Ixxxi. An Act to repeal an Act for inclosing the Marsh in the
Township of Newport in the County of Salcpy and to vest the
same and other Property in Trustees for paving, draining,
cleansing, and otherwise improving the Town of Newport; and
for other Purposes. lidd,

Ixxxii An Act to amend ** The Nene Valley Drainage and Na-
vigation Impovement Act, 1852," and to provide additional
Funds for carrying out certain of the Improvements authorized
by such Act. Ibid.

Ixxxiii. An Act for regulating and improving the Town of Ryde
in the Ide of Wightj and providing a Supply of Gas and Water
thereto, and for other Purposes. 847

Ixxxiv. An Act to repeal an Act passed in the Ninth Tear of the
Reign of Her present Majesty, intituled An Act for more
effectually constituting and regulating the Court of Mecord
within the Borough of Manchester and for extending the
Jurisdiction of the said Courts and to extend the Powers and
Jurisdiction of the said Court, and to simplify and other-
wise improve its Practice and Proceedings ; and for other
Purposes. Ihid,

Ixxxv. An Act for enabling the Cornwall Railway Company to
make certain Modifications in their Share Capital; and for
other Purposes. 874

Ixxxvi. An Act for making a Turnpike Road from Chester by
Famdon to Worthenhury^ with a Branch therefrom to the
Village of /amdbn. Ibid.

Izxxvii. An Act to consolidate and extend the Powers of the
AceringtoH Gas and Water Works Company, and to enable
them Uie better to supply with Gas and Water the Town-
ships and Places of Old Accringtony New Accrington^ Church,
Lower Booths^ and ffuneoat, in the Parish of WhaUey, and the
£xtra-parochial Place of HenheadSy all in the County of
Lancaster^ and to sell or lease their Undertaking to the Local
Board of Health for the District of Accrington; and for other
Purposes. Ibid.

Ixxxviii. An Act to establish a General Cemetery for the Borough
of DonciuteTy and for other Purposes. Ibid.

Izxxix. An Act to extend the Powers of the Commissioners of
Sewers for the Levels of Haveringy Detgenhamy and other Places,
and to enable them to construct Sewers in the Parishes of West
Hamj East HatOy and North Woolwich. 875

xc An Act for the better supplying with Water the Parlia-
mentary Burgb or Town of HamUton and Suburbs thereof. Ibid.

\x\i The TITLES of the STATUTES,

xci. An Act to incorporate the Birmingham and BEdland Institute,
to define its Constitution, and to enable the Council of the
Borough of Birmingham 'to grant a Site for the Institute
Buildings. Page 875

xcii. An Act for improving the Harbour of Blgth in the County
of Northumberland^ and for constructing Docks there ; and for
other Purposes. Ibid,

xciii. An Act to enable the Crystal Palace Company to divert
certain Roads, and to take and let Land on Lease ; and for other
Purposes. Ibid.

xciv. An Act to incorporate " The Surrey Consumers Gaslight
and Coke Association," and to enable them to raise further
Sums of Money ; and for other Purposes. Ibid,

xcv. An Act to repeal the Acts relating to the Turnpike Eoad
from Gloucester through Painswich to Stroudy and make other
Provisions in lieu thereof. 876

xcvi. An Act to enable the Cork and Bandon Railway Company
to make a Bi-anch Railway to Skibbereen, and to raise further
Capital for the Cork and Bandon Railway; and for other
Purposes. - Ibid.

xcvii. An Act to amend an Act passed in the Fourth Year of the
Reign of His late Majesty King George the Fourth, intituled
An Act for more effectually repairing the Wadsley and Langset
Turnpike Road, and extending the same in Two Lints to join
the Huddersfield and Woodhead Turnpike Road in the Town-
ships of Upperthong and Honley in the West Riding of tlie
County of Yorky and to continue the Term thei-eby granted, so
far as the said Act and the Term thereby granted relate to the
Neto Mill District of Road therein mentioned. Ibid.

xvciii. An Act to alter the Site of the new Bridge authorized to
be erected over the River Foyle at Londonderry, and to make
Approaches thereto. Ibid.

xcix. An Act for providing Waterworks, Gasworks, and public
Baths and Wash-houses for the Town and Borough of Beccles
in the County of Suffolk. Ibid.

c. An Act to incorporate the Hull General Cemetery Company,
and to enlarge and improve their Cemetery; and for other
Purposes. Ibid.

ci. An Act for the further Improvement of Kingston-upon-IIul/y
and for other Purposes. 877

cii. An Act for paving, lighting, watching, draining, supplying
with Water, watering, cleansing, regulating, and otherwise im-
proving the Town of Llandudno in the County of Carnarvon^
for making a Cemetery, and for establishing and regulating a
Market and Market Places therein ; and for other Purposes. Ibid.

ciii. An Act for more effectually repairing several Roads adjoining
or near to the Town of Bideford, and for making several
Lines of Road connected with the same, all in the County of
Devon. Ibid.

civ. An Act for regulating the Police of the Royal Bui*gh of
Lanark, and for paving, draining, cleansing, lighting, watch-
ing, and improving the same, for regulating the Markets thereof;
and for other Purposes* Ibid.

{Local $• PersanaT) 17* & 18«» VICTORIJE. 'xvu

CF. An Act for more effectuftlly repairing the Eoads in the
Counties of Worcester and Stafford known as the Dudley, Hales-
owen^ and Bromsgrore District of Roads. Page 877

cTi. An Act to embank and reclaim from the Sea certain Waste
Lands subject to be overflowed by the Tide, called Tacumshin
Lake in the County of Wexford. 878

evil. An Act to authorize the making certain Roads and stop-
ping up certain Lanes and Footways between Kensington Gore
and Brompton in the County of Middlesex^ and for otherwise
facilitating the Formation of a Site for Institutions connected
with Science and the Arts. Ibid.

cviiL An Act for enabling theGreeU Western Roilway Company to
provide additional Station Accommodation at Birmingham^ Wol^
verhamptoUf and Bushhury; and for other Purposes. Ibid»

cix. An Act to repeal an Act for enlarging the Term and Powers
of an Act of His late Majesty George the Third, for repairing
the Road from Saint Martin Stainford Baron to Kettering, and
from Oundle to Middleton Lane, in the County of Northampton,
and to make other Provisions in lieu thereof. Ibid.

ex. An Act for supplying with Water the Parishes of Bangor,
Uandegal, and LlanUechidy and with Gas the Parish of
Bangor, Ibid,

cxL An Act for the Lnprovement of the Town of Bethesda and
Neighbourhood in the County of Carnarvon. 879

cxii. An Act for enabling the Company of Proprietors of the
Birmingham Canal Navigations to make new Canals and other
Works ; and for other Purposes. Ibid.

cxm. An Act for establishing Parks in or near to the Borough of
Birmingham, Ibid.

cxiT. An Act for constructing a Market House and other Build-
ings for Public Accommodation at ChesterfiM in the County of
Derby, and for the better Regulation and Maintenance of the
3Iarket there. Ibid.

cxv. An Act for making a Railway from the Stockton and Dar*
lingion Railway near Darlington to or near to Barnard Castle,
both in the County of Dierhatn, and for making Arrangements
with the Stockton and Darlington Railway Company ; and for
other Purposes. Ibid.

cxYi. An Act for making a Railway from the Dotclais Railway to
the •Vale of Neath Railway at J/(pr^%r Tydfil, and for other
Purposes, and of which the Short Title is " The Dowlais Rail-
way Act, 1854." Ibid.

exFii. An Act for Testing in the East Lancashire Railway Com-
pany jointly with the Lancashire ami Yorkshire Railway Com-
pany certain Parts of the Manchester and Southport Railway
and of the Lancashire and Yorkshire Railway ; and for other
Parposes. Ibid.

cxTiii. An Act to amend " The Edinburgh Police Act, 1848," and
to make further Provision for Sewerage, Drainage, and Im-
provement of the City of Edinburgh, for deepening and cleansing
the Water of i>i</i, and for other Purposes. Ibid

17 & 18 Vict. a

xviii The TITLES of the STATUTES,

cxix. An Act for making a Railway in Deviation and Extengion
of the HcUesworthf Beccles^ and Haddueoe Railway from West-
haU Low Common to Wbodbridge, and oert<ain Branches there-
from, and for changing the Name of the Company to the East
Suffolk Railway Company Page 880

cxx. An Act to amend the Provisions of certain Acts relating to
the Shrewsbury and Chester Railway Company^ and for other
Purposes. Ibid.

cxxi. An Act to enable the South Sea Company to i^alize and
divide their Capital Stock and Assets. Ibid.

cxxii. An Act for enabling the South Devon Railway Company
to improve their Sutton Harbour Branch, and for other Pur-
poses, and of which the Short Title is ** The South Devon H air-
way (Sutton Harbour Branch) Act, 1854." Ibid

cxxiii. An Act to continue the Term and to amend and extend
the Provisions of the Act relating to the Winchester and Peter9^
Jidd Turnpike Road ; and for other Purposes^ Ibid.

cxxiv. An Act to make further Provision for supplying with
Water the Borough of Bradford and certain Places in the
Neighbourhood thereof. Ibid.

cxxv. An Act for the Regulation of the Municipal Corporation of
the Borough of YeovU in the County of Somerset^ and for the
Extension of the Boundaries of the said Borough, and for the
Improvement of the said Borong]u 881

exxvi. An Act for the Conservancy and Improvement of Swansea
Harbour, and for other Purposes, and of which the Short Title
is << The Swansea Harbour Act, 1854." Ibid.

cxxvii. An Act for making a Railway from the Great Northern
Railway at or near Welwyn in the County of Hertford to Her^
ford in the same County, to be called the " Hertford and Welwyn
Junction Railway ;" and for other Purposes. Ibid.

cxxviii. An Act for authorizing the Stockton and Darlington
Railway Company to make new Works, and for other Purposes,
and of which the Short Title is <' The Stockton and Darlington
Railway Act, 1854.'' Ibid.

.cxxix. An Act fbr better supplying witli Water the Borough of
Bradford in the County of York. Ibid*

cxxx. An Act to authorize certain Improvements in or in con-
nexion with the Lowestoft Harbour, and for other Pur-
poses. Ibid.

cxxxi. An Act for constructing a Bridge for Foot Passengers
across the River Clyde opposite to the North End o^ Mac Neil
Street in the City of Glasgow. 882

cxxxii. An Act for making a Railway from the Great Sottthem

•■ and fVestem Railway near Mallow to Fermog^ to be called
<^ The MaUow and Fermoy Railway ;" and for other Pur-
poses.

cxxxiii. An Act to alter the Line of the London^ TiUnarg^ and
Southend Extension Railway, to authorize the Lease thereof,
and the Purchase of the Railway and certain Parts of the Works
belonging to the Thames Haven Dock and Railway Company ;
and for other Purposes. Bnd.

(Local ^ I^sonal) , 17*^ & W VICTOBLiE. xix

cxzxiv. An Act for Bemoval of Toll Bars beyond the Farli^
mentarj Boandariee of the City of Edinburgh^ and for other
Purposes. Page 882

cxxxr. An Act to enable the Londonderry and Enniskillen Rail-
waj Company to make a Branch Railway to Ftntona^ and to ex-
tend their Line at Londonderry; and for other Purposes. PM,

exxxvi. An Act for making a Railway from the Irish South-
etuiem Railway at BagenaUiown to Wexford^ to be called '' The
Bagenalstown and Wexford Railway." Snd.

cxxxvii. An Act for continuing the Term and amending and
extending the Provisions of the Act relating to the Brighton^
Cuchfield, and Lovell Heathy and Cuehfield and West Grinsted
Turnpike Roads. Ibid,

cxxxviii. An Act to authorize the Extension by the Ambergatef
Nottingham^ and Boston and Eastern Junction Railway Com-
pany of their Line of Railway into the ,Town of Nottingham^
the Formation of a Station there ; and for other Purposes. 883

cxxxix. An Act to give further Powers to the Law Life As-
surance Society with respect to the Investment of the Funds
of the Society. Ihid,

cxL An Act to anthorize the Trustees of the Rockdale and Bum*
ley Turnpike Roads to take Toll in respect of the Carriages of
certain Stones. Und.

cxli. An Act for enabling the North and South Western Junction
Railway Company to ndse additional Capital ; and for other
Purposes. ♦ Ibid,

cxlii. An Act to amend the Tralee and KiUamey Railway Act,
1953. Ibid.

cxliiL An Act for making a Railway from HomeasUe in Im"
cdudkire to the Kirkstewi ^Ution of the Great Northern Rail-
way. Ibid

cxliv. An Act for making a Railway from the Shrewsbury
and Hereford Railway at Leominster to Kington in Hereford-
shire. Ibid,

cxlv. An Act for more effectually repairing the Road from the

' Toll House Bech in the Township of Ireby in the County of Zait-
easter to Kifhby Lonsdale and Kirhby Kendal in the County of
Wtstmordandj and through Kirkby Lonsdale to Milnthorpe in
the said County. 884

cxlvi. An Act for making a Railway from the Ayr and Dalmel-
Ungfton Railway near the Cothouseson the Farm of Pleasantfield
to the Town of Afaybole, to be called " The Ayr and Maybole
Junction Railway."^ Ibid,

cxlvii. An Act for supplying the Township of Stourbridge and the
Neighbourhood therebf with Water. Ibid,

cxlviiL An Act for making a Railway from the Scottish Midland
Junction Railway near Stanley to jBimam near Dunkeld in the
County of Perth, Ibid.

czUz. An Act to authorize the Shrewsbury and Hereford Railway
Company to provide Station Accommodation in Shrewsbury and
Herefordj aftd to enter into Arrangements and Agreements with

• the Juerefordy Ross^ and Gloucester Railway Company. Ibid.

a 2

XX The TITLES of the STATUTES,

cl. An Act for making a Railway frbm the Town of Uandavery
in the County of Carmarthen to join the Lldneliy Railway
at LlandUofawr in the same County, and for other Purposes.

Page 884

cli. An Act to incorporate a Company for making a Railway from
near the Pieton Station on the Leeds Northern Railway to near
the Grostnoni Station on the fVhitby and Pkhering Branch of
the York and North Midland Railway, and for other Pur-
poses. 880

clii. An Act to repeal the Act relating to the Thirsk and Varm
Turnpike Road, and to make other Provisions in lieu thereof,
and to grant a further Term in the said Road ; and for other
Purposes. ' Ibid.

cliii. An Act to enable the Eastern Counties Railway Campany to
enlargeand improve their Goods Station j^in the Parish of Saint
Matthew Bethnal Green in the County of Middlesex, Ibid.

cliv. An Act to enable the granting Building Leases of Parts of
the Camden Taion Cemetery belonging to the Parish of Saint
Martin in the Fields not heretofore used for the Purpose of
Interment, and for other Purposes. Ibid.

civ. An Act to enable the Caledonian Railway Company to make
certain Branch Railways and other Works in the County of
iMnarh ; and for other Purposes. Ibid,

clvi. An Act for altering the Lines authorized by the Caledonian
Railway {Lesmahagaw Branches) Act, 1851, and for otherwise
amending that Act. • Ibid.

clvii. An Act to confer further Powers on the Dukinfield Gas
Company. 886

clviii. An Act for enabling the South ffales Railway Company to
acquire additional Land at Swansea, and for enlarging the
Powers of Lease or Sale to and Contribution by the Great
Western Railway Company, and for authorizing Arrangements
between the South Wales Railway Company and the Vale of
Neath Railway Company, and for other Purposes. Ibid,

clix. An Act for the Improvement of the Borough of Bolion, and
for other Purposes, and of which the Short Title is " Bolton
Improvement Act, 1854." Ibid.

clx. An Act for making a Railway from the Leeds, Bradford, and
Halifax Junction Railway near Leeds to Wakejfield, all in the
West Riding of the County of York, to be called " The Brad-
ford, Wahcfield, and Leeds Railway;" and for other Pur-
poses. Ibid.

clxi. An Act for the Improvement and Regulation of the Town
of Lowestoft, and the Parishes of Lowestoft and Kirkley other-
wise Kirtiey, in the County of Suffolk, and for other Pur-
poses. Ibid.

clxii. An Act to enable the Leeds, Bradford, and Halifax Junc^
tion Railway Company to construct a Railway in extension of
and to alter the Levels of Part of their Railway from Gilder^
some Street to East Ardsley in the West Riding of the County
of York ; and for other Purposes. Ibid.

{Local ^ Personal) H** & 18«» VICTORIA. xxi

clxiii. An Act for the better paving, draining, lighting, cleansing,
and otherwise improving the Parish of ff'esi Bromwich in the
Conntj of Stafford^ apd for constructing Cemeteries there, and
for makings maintaining, and regulating Markets and Market
Places therein ; and for other Purposes. Page 887

(!lxiv. An Act to confer additional Powers on the Yorky Newcastle^
and Berwick Railway Company for constructing Docks at
Jarrow Slake^ and a Branch Railway thereto ; and to enable the
Dean and Chapter of Durham to appropriate a Portion of the
Money payable to them for the Purchase of Lands for the same
to the Endowment of a Church ; and for other Purposes. Ibid.

clxY. An Act to repeal the Act for more effectually repairing and
maintaining the Turnpike Road from CkapeUen-le- Frith to or
near to Enierclcugh Bridge in the County of Derby^ and other
Roads therein mentioned, in the County of Derby and in the
County Palatine of Chester; and to make other Provisions in
lieu thereof. Ibid.

clxvi. An Act to re-incorporate the Patent Solid Sewage Manure
Company, and to extend its Powers. Ibid.

dxvii. An Act for supplying with Gas the Townships of Fam-
worth and Kearsley in the County Palatine of Lancaster. Ibid.

dxviii. An Act to enable the Bangor and Caernarvon Railway
Company to raise additional Capital, and to authorize the Sale
or Lease of the said Company's Railway to the Chester and
Holyhead Railway Company. 888

clxix. An Act for the Provision, Regulation, and Maintenance of
County Industrial Schools in Middlesex. Ibid.

clxx. An Act for the Embankment, Reclamation, and Drainage
of Lands in the Bay ofBannow in the County of Wexford 889
clxxi. An Act to amend the Acts relating to the Ambergate^ Not"
tingham^ and Boston and Eastern Junction Railway Company,
and to authorize the Reduction and Regulation of and certain
Arrangements as to the Capital of the said Company ; and for
other Purposes. Ibid.

clxxii. An Act for more effectually draining certain Fen Lands
and Wet Grounds called " The Great West Feny"* in the Parish
of IlUgay in the County of Norfolk. Ibid.

clxxiii. An Act for more effectually repairing the Road from
Stourbridge in the County of Worcester to Bridgnorth in the
County of Salop. Ibid,

clxxiv. An Act to enable the Shrewsbury and Hereford Railway
Company to lease their Undertaking. Ibid.

clxxY. An Act to enable the Dublin and Wichloto and the Dublin
and Kingstown Railway Companies to alter certain existing
Contracts therein mentioned ; and for other Purposes. Ibid.

clxxvi. An Act for making a Railway from the Town of Inverness
to the Town of Nairn. 890

clxxvii An Act to consolidate the several Acts relating to the
Port and Harbour of Londonderry; for the Improvement of the
Navigation of the Lough and River of Lough Foyle; and to
authorize the Construction of a uniform Line of Quays, Docks,
and other Works. i*w/.

a 3

«if The TITLES of the STATUTES,

clxxviii. An Act for the more effectual Drainage and Improve- ^
ment of certain Lands in the Wapentake of Ouse and Derwent
in the East Riding of the Countj of Vorky and for other Pur-
poses. Page 890

clxxix. An Act to reduce the Capital and define the Undertaking
of the Shropshire Union Railways and Canal Company. Ibid.

olxzx. An Act for making a Railway from the Town of ft^ells to

join the Norfolk Railway at Fakenham^ to bo called *' The

Wells andFakenham Rwlway." Ibid.

clxxxi. An Act to enable the Local Board of Health for the
Township of Darlington to supply Gas and Water within their
District, and to purchase the Works of the Darlington Gas and
Water Company ; to establish and regulate Markets and
Slaughter-houses, and a Public Park ; to construct Sewage
Works, and raise Money ; and for other Purposes. Ibid.

clxxxii. An Act for vesting the Ardrossan Railway in the Glae-
gotD and South-^westem Railway Company, and for other Pur-
poses. 891

clxxxiii. An Act for transferring to the Mayor, Aldermen, and
Burgesses of the Borough of Blackburn all the Powers sad
Property now vested in ** The Blackburn Improvement Com«
missioners," and certain Powers and Property by the Private
Act of the Fourth and Fifth Yeare of the Reign of Her present
Majesty, Chapter Forty-six, vested in the Overseers of the Poor
of the Township pf Blackburn^ authorizing the Corporation to
purchase the Property of the Blackburn Waterworks Company,
4ind conferring on them further Powers for the Improvement
and Regulation of the Borough ; and for other Purposes. Ibid^
clxxxi V. An Act for vesting in the Caledonian Railway Company
certain Portions of the Undertaking of the General Terminus
and Glasgow Harbour Railway Company. Itid.

clxxxv. An Act to enable the Newport Dock Company to con-
struct a new Dock and other Works ; and for other Pur-
poses. Ibid.
clxxxvi. An Act to enable the Portsmouth Railway Compatiy to
make certain Alterations in the Line and Levels of their Rail-
way, and to extend their said -Line from Godalming to Shalford;
and for other Purposes. Ibid.

clxxxvii. An Act to authorize the Great North of Scotland Rail-
way Company to divert their Railway, to make a short Branch
to the Victoria Docks at Aberdeen^ to enter into Arrangements'
with the Aberdeen Harbour Commissioners and the Aberdeen
Railway Company with respect to a Tramway to connect the
Two Railways ; and for other Purposes. Ibid.

clxxxviii. An Act for the more effectual Drainage and Improve-
ment of certain Lands in the Parish of Methwold in the County
of Norfolk^ and for other Purposes. 892

clxxxix. An Act for making a Railway from the South Devon
Railway near Plymouth to Tavistock^ with a Branch, to be called
**The South Devon and Tavistock Railway," and for other
Purposes. Ibid.

{Local ^ Bsrsonal) 17 • & 18 " VICTORIJE. xxiil

cxc An Act for incorporating and regulating a Company to be
caUed ^The Rojal Conical Flour MiU Company," and to enable
the said Company to purchase, work, and use certain Letters
Patent; and for other Purposes. Poge 892

czd. An Act to enable the JVewport and PiUgwenUy Waterworks
Company to increase and extend their Supply of Water, and to
construct new Works ; and for other Purposes. Ihid>

excii. An Act for authorizing Arrancfements with respect to the
Souih Reterve at Birkenhead^ and for other Purposes, and of
which the Short Title is '' The Birkenhead Dock Trustees Act,
1854." Ibid.

cxciii. An Act for making a Railway from Rhymney to a Point
of Junction with the Newport^ Abergavenny^ and Hereford
Bailway near Bediiewyn^ with a Branch up the Bargoed Rumney
VaUt^y to be called *'The Rhymney Railway," and for other
Purposes. Ibid,

cxciv. An Act to enable the North Staffordshire Railway Com-
piiny to make a Railway from Sloke-npon- Trent to Cotigleton,
with Branches therefrom. 893

cxev. An Act to repeal, alter, amend, and extend some of the
Powers and Provisions of '* The Teee Conservancy and Stockton
Bock Act, 18o2," and for other Purposes relating to the Con-
servancy of the Tees, Ibid.

cxcvi. An Act for making a Turnpike Road from Garth -Penbryn
to Adwyddu in the County of Merioneth^ with a Bridge over
the Estuary of TraetJiback in the said County. Ibid.

cxcvii. An Act to incorporate a Company for the Purpose of
lighting with Gas the Parishes of Tormoham and Saint Mary
Church in the County of Devon, Ibid,

cxcviii. An Act for transferring to a Company the Powers vested
in the Commissioners under " The North Shields Quay Act,
1851." Ibid.

cxcix. An Act for making a Railway from the Town and Royal
Burgh of Selkirk to the Haioick Branch of the North British
Railway, about a Mile Southwards from the Galashiels Station
of the said Branch ; and for other Purposes. Ibid.

cc. An Act for making a Railway from the London and North"
western Railway near Stockport to Disley and fVhaley Bridge,
all in the County of Chester ; and for other Purposes. Ibid,

ecu An Act for authorizing the Transfer to the London and
North-western Railway Company of the Haydon Square Branch
of the London and Blackwall Railway, and for other Purposes;
and of which the Short Title is "The London and North- .
fpestem Railway Act, 1854." 894

ccii. An Act for enabling The Great Western Railway Company
to make a Branch Railway to connect The Berks and Hants
Railway with the Main Line of The Great IVestem Railway
near Reading ; for extending the Time for Completion of Parts
of ITie fViltSy Somerset, and Weymouth Railway, and for re-
viving the Powers for Purchase of Land for, and for completing
other Portions of that Railway ; and for other Purposes. Ibid,

cciii. An Act for limiting the Liability of the Shareholders in
the Electric Telegraph Company, and for granting additional
Powers to such Company. Ibid.

a 4

xxiv The TITLES of the STATUTES,

cciv. An Act for determining the existing; Lease of the West
London Railway to the London and North-western Railway
Company, and for enabling the last-mentioned Company and
the fVest London Railway Company to enter into fresh Arrange-
ments for the Sale or Lease of the Undertaking of the West
TA)ndon Railway Company to the Lofidon and North-western
Railway Company, and for the Settlement of all Disputes
between the said Companies ; and for other Purposes. PageS9-i

ccv. An Act for making a Railway from the Parish of Saint John
the Evangelist iathe City and Liberty of Westminster to Claphani
in the County of Surrey^ with rt Branch from such Railway to
join the authorized Line of the West End of London and Crystal
Palace Railway at Long Hedge Farm in the Parish of Saint
Mary Battersea in the County of Surrey* Ibid,

ccvi. An Act to extend the Powers of the Cork and Waterford
Railway Company, and to enable them to abandon Part of their
Railway to fraterfordy and the Branch to Tran more; and for
other Purposes. 895

ccvii. An Act to alter the Lines and Levels of the Stratford-upon-
Avon and Stourbridge Branches of the Oxford, Worcester, and
Wolverhampton Railway ; to construct certain Branch Railways
and Works connected therewitli ; to amend the Acts relating
to the Oxford, Worcester, and Wolverhampton Railway Com-
pany ; and for other Purposes. Ibid,

ccviii. An Act to authorize Agreements between the Direct
London and Portsmouth Railway Company and tlie Portsnu)utk
Railway Company, and for winding up the Affairs of the
Direct Tendon and Portsmouth Railway Company. Ibid,

ccix. An Act for enabling the Oxford^ Worcester, and Wolver-
hampton Railway Company to construct a Branch Lino of
Railway to the Town of Chipping Norton in the County of
Oxford, and for regulating the Working and Use of the same
by such Company. Ibid,

c?x. An Act to enable the West End of London and Crystal
Palace Railway Company to make a Railway from Norwood to
Bromley and Famborough, and for other Purposes. Ibid,

ccxi. An Act to dissolve the York and North Midland and Leeds
Northern Railway Companies, and to vest their Undertaku^s
in the York, Newcastle, and Berwick Railway Company, to bo
thenceforth called " The North-eastern Railway Company,''
and to alter the Constitution of that Company, and to autho*
rize working Arrangements with the Malton and Driffield
Junction Railway Company, and the Amalgamation of that
Company with such United Company; and for other Pur-
])oses. Ibid,

ccxii. An Act for making a Railway from the Newcastle-upon-
Tyne and Carlisle Railway, at or near Hexham in the County
of Northumberland, to or near the Belling in the Parish of
Fcdstone in the same County, to be called " The harder Counties
Railway {North Tyne Section) ;" and for other Purposes. 896

ccxiii. An Act for relieving the /?a/c/i/f* Gaslight and Coke Com-
pany, and their Servants and Agents, from certain Penalties
and Penal Actions. Ibid*

{Local ^ Personal) 17^ & 18 <> VICTORIA xxv

ccxiv. An Act to aathorize workiog Arrangements between the
Ambetyatey Nottingham, and Boston^ and Eastern Junction
Bailwftj Company and the Great Northern Railway Company,
OP Lease or Sale to t^e last-named Company, Page 896

ccxr. An Act for making a Railway from the London and South-
western Railway at SaUsbury to Veotnlj and to form a Junction
with the Railways at Yeovil of the Great Western and Bristol
and Exeter Railway Companies respectively; and for other
Purposes. Ibid,

ccxvi. An Act to rcpeal and amend the Act for incorporating the
British Guarantee Association, and to make further Provisions
as to the Mimagemcnt and Regulation thereof. Ibid»

ccxviL An Act to transfer the Paisley Waterworks to the ' Ma-
gbtrates and Council of Paisley^ and to enable them to construct
additional Works for supplying Paisley, Johnstone, and Places
adjacent, with Water. Ibid,

ccxviii. AnAjct for making a Railway from the SotiUi Wales
Railway at or near the Borough of Carmarthen to the Town
of Newcasde Emlyn, with a view of being hereafter ex-
tended to the Town and Harbour of Cardigan ; and for othei>
Purposes. 897

ccxix. An Act to repeal an *' Act for better regulating the Poor
within the City of Oxford/* and to grant further and more
eficctual Powers in lieu thereof; and also to provide for rating
to the Relief of the Poor certain Hereditaments within the
University of Oxford. Ibid,

ccxx. An Act for authorizing and confirming Arrangements and
Agreements between the Eastern Counties Railway Company
and all or any of the Norfolk, the Eastern Union, the East
Anglian, and the Newmarket Railway Companies, and for other
Purposes ; and of which the Short Title is " The Eastern Conn-
tieSf and the Norfolk, the Eastern Union, the East Anglian, and
the Newmarket Railways Act, 1854." Ibid,

ccxxi. An Act to alter and extend the North Metropolitan Rail-
way, and to consolidate and amend the Provisions relating
thereto. Ibid,

ccxxii. An Act to authorize the Consolidation into One Under-
taking of the Great Western, the Shrewsbury and Birmingham,
and the Skrew^mry and Chester Railways, and the Union into
One Company of the Three several Companies to whom the said
Railways respectively belong. 898

xxvi The TITLES of the STATUTES,

PRIVATE ACTS,

PAINTED BY THE QUEEn's PRINTER,

AND WHEREOF THE PRINTED COPIES MAY BE GIVEN
IN EVIDENCE.

1. A^ '^^^ ^ authorize Sir William Milborne MUbome Swinner-

ton Baronet, and his Issue, to resume and bear .the Sur-
name of PUkington jointly with the Surnames of MUbome
and Swinnerton and to be called by the Surnames of JkKibome
SwinnerUm PUkington^ and for such Purposes to repeal in
part an Act of the Sixth and Seventh Years of the Reign of
His late Migesty King WiUiam the Fourth, Page 899

2. An Act to amend « Fleming"^ Estate Act, 1852." Ibid.

3. An Act for effecting an Extinguishment of the Life Estate and
Interest of Mistress Violetta Masters, and the Trustee of her
Marriage Settlement; of and in a Freehold Close or Parcel of
Land situate in the Parish of Saint Margaret, Leicester, Ibid,

4. An Act to enable the Trustees of the Estates of Henry Smith
Esquire, deceased, or any Seven or more of them, to grant
Building Leases of an Estate in the Parishes of Kensingt&n,
Ck^eOf and Saint Martin in the Fields in the tlounty of
Mi^diesex, and for the Confirmation of certain Leases, and to
enable Seven or more of the said Trustees to make Leases and
Estates, pursuant to the Deed of Uses of the said Henry Smith;
and.for other Purposes. Ibid,

5. A,n Act for enlarging the Powers contained in " Thomhilis
Estate Act, 1852," and for granting further Powers in respect

. of the ThornhiU Estate. Ibid.

6. An Act for authorizing the granting of Building Leases of
Lands held under the Will of WUUam Green decoMed, situate

at RuntDorth in the Counly of Laficaster. 900

7. An Act for granting Powers of Leasing, Sale, and Exchange
and other Powers, for the Management of Freehold, Copyhold,
and Leasehold Estates devised by or which now stand limited
to the Uses of the Will of the Eight Honourable George Obrien
Earl of Egremont deceased. Ibid.

8. An Act for authorizing the Sale of Estates devised by the Will
of John Fowler deceased, and for other Purposes ; and of which
the Short Title is ''Fowler's Estate Act, 1854." Ibid.

9. An Act for the Distribution of the Compensation paid under the
London Necropolis and National Mau^deum Act, 1852, for the
Extinction of the Commonable or other Bights over and in
Woking Common ; and whereof the Short Title is " Woking
Commoners Act, 1854.'* Ibid.

(JPUfMiUt printed) 17' & 18" VICTORUE. Mvii

10. An Act to enable certain Persons to grant Leases for Bnild*
ing and Minkig Parposes of the Estates in the Parishes of
f^denyn and YUradf elite in the County of Brecon^ devised by
the Will of the Reverend Reynold Davies Clerk, deceased.

Page 900

jl. An Act for enabling Sales to be made of Estates 9Lt Manning-
kam in the Parish of Bradford^ and at Idle in the Parish of
Caherley^ both in the West Biding of the County of Yorky
devised by the Will of WtUiam Sndl;. and for other Par-
poses. Ibid,

12. An Act to incorporate the Craft of Shoemakers of the Burgh
of Aberdeen ; to confirm the Titles and Conyeyancesy and to
regulate the Administration of the Estates and Affairs^ of the
said Crafl ; and for other Purposes relating to the Society. 901

13. An Act for enabling Leases, Sales, and Exchanges to be made
of Lands subject to the Will of George Ward deceased, and for
other Purposes, and of which the Short Title is " Ward's Estate
Act, 1854.'* Ibid.

14. An Act for the better Division and Management of certain
Estates in the County of Lancaster, the Property of Abraham
and (the late) Alfre^Darby Esc^uires. Ibid.

15. An Act for authorizing the granting of Leases of Mines in
Estates in the County of Glamorgany devised by the Will of the
Reverend Reynold Davies deceased, and for other Purposes^ and

. of which the Short Title is ''Jenhin^% Estate Act, 1854." Ibid.

16. An Act to enable the Trustees of the Will of Anthony Wilkm-
son Esquire, deceased, to grant Leases. Ibid.

17. An Act to empower the Warden and Scholars of the House or
CoUege of Scholara of Merton in the University of Oxford to
sell cert^n Lands situate in the Parish of Holywell otherwise
Saint Crou in the City of Oxford, and to lay out the Moniea
to arise from such Sales in the Purchase of other Heredita-
ments. Ibid.

18. An Act to authorise the Sale of certain Messuages, Lands, and
Hereditaments in the East Riding of the County of York, Part
of the Estates deviled and settled by .the Will of Bertram
OsbaldesUm Mitford Esqttire, deceased, and for laying out
the Money produoed by such Sale in the Purchase of other
Estates. Ibid.

19. An Act to enable the Trustees of the Right Honourable Jan^s
Earl of Fife deceased to complete the Sale of the outlying Estate
of Blervie in the County of Moray, and to reinvest the Sale
Monies in the Purchase of more convenient Estates, to be settled
upon the same Trusts ; and for other Purposes. 902

20. An Act for vesting in Trustees for Sale the settled and
devised Estates oi Richard Terrick Stainforth Esquire, deceased;
and for other Purposes. Ibid.

31* An Act to extend the Time during which the Trustees of the
late Sir Gilbert Stirling of Mansfield Baronet were authorized
to purchase Lands to be entailed in the Terms declared by
certain Trust Deeds executed by him ; to enable the Trustees
to purchase within any Part of Scotland; to regulate the Powers
of borrowing conferred by ihe said Deeds ; and for other Pur-
poses relating thereto. ^bid.

xxvUi The TITLES of the STATUTES,

»

22. An Act to enable the Trustees .of a Settlement executed prior
to the MaiTiage of Thomas ThamfiUly late of Fixhy in the
County of York^ Esquire, deceased, with Honoria Forrester
Spinster, to grant Building i^nd other Leases of the Estates
subjpct to the Trusts of the said Settlement, and to sell and
exchange the same ; and for other Purposes. Page 902

23. An Act for incorporating the Trustees of the School and
. Charity Estates and Property belonging to the Parish of Saint

Catherine in the County and County of the City of Dublin^ for
the better Management of such Estates and Property, and for
the due and careful Application of the Income of the same. Ibid.

24. An Act to ascertain the Periods when the Division, under the
Church Building Acts, of the Parish of Stockport in the County
Palatine of Chester into the Two distinct and separate Parishes
of Saint Mary in Stockport and Saint Thomas in Stockport
shall take complete Effect, and the Exercise of the Rights of
Presentation to the Rectories or Churches of the same Parishes
respectively shall commence ; and for other Purposes. Ibid,

2o. An Act to extend the Power to lease the Settled Estates of
the Earl of Harrington^ situate in the Parishes of Sl Margaret
Westminster and St, Mary Abbotts Kensington in the County of
Middlesex^ and for other Purposes ; and to be entitled '* The
Earl o^ Harrington'^ Estate Act, 1854." 903

96. An Act for vesting certain Estates in the County of IJncoln^
entailed by an Act of Parliament of the Twenty-seventh Year

. of the Reign of His Majesty King Henry the Eighth, in Trustees,
upon trust to sell the same, and to lay out the Monies thence
arising in the Purchase of other Estates, to be settled to the
same Uses as the Estates so sold. Ibid.

27. An Act for vesting in Trustees, for Sale, under the Authority
of the Court of Chancery, an Estate in the County of Surrey^
acquired by Partition under the Decree of that Court in lieu of
those undivided Shares of Freehold Property devised by the
Will of T/tomas Bailey Heath Seweil Esquire, deceased, Trusts
of which are declared by that Will for the Benefit of the
Testator's Son and his Issue therein described ; and for invest-
ing the Monies to arise from such Sale for the Benefit of the
Parties beneficially interested in the same Estate. Ibid,

28. An Act to provide for the Winding-up of the Trust Affairs' of
the late Hugh Earl of Eglinton^ and to amend the Acts relative
to Ardrossan Hai*bour in the County of Ayr; and for other
Purposes. Jbid,

29. An Act to authorize the granting of Mining and Farming
Leases of Estates subject to the Uses of the Will of Miks
Staveley Esquire. Ibid.

30. An Act to authorize the granting of Building Leases for
long Terms of Years of Parts of the Estates devised by the Will
of Joseph Peel Esquire, deceased. 904

31. An Act to authorize the granting of Building and other
Leases of the Settled Estates of Thomas Charles Homyold
Esquire in the Counties of Worcester and Hereford; and for
other Purposes. Ibid.

(IMvafey printed) 17** & 18° VICTORIA . xxix

92. An Act for authorizing tbe granting of Building, Improving,
and Mining Leases by the Reverend James AUan Park Clerk,
as Tenant for Life in possession, and other Persons in succession
after his Death, of Settled Estates at Marion in the County of
Yorkj comprised in an Indenture of Settlement dated the Six-
teenth Day of July One thousand eight hundred and fifty-two ;
and for other Purposes. Page 904

33. An Act for authorizing the gran ting, of Building Leases and
Leases for working Brick Earth, of Settled Estates in the
County of Essex, of the Right Honourable William Bernard
Lord Petre Baron of Writde in the County of Essex, and of
which Act the Short Title is "The Petre Estate Act,
1854." Ibid.

34. An Act for the Partition of the Mmcbriek otlierwise Mowhreck
Estate in the County of Lancaster. Ibid,

35. An Act to authorize the Sale or Exchange of the Glebe Land
of the Vicarage of the Parish of Bradford in the West Riding
of the County of York, and of other Land in the said Parish of
Bradford, held in trust for and to be henceforth vested in the
Vicar of Bradford; and to authorize Leases of the said Lands
respectively ; and for other Purposes. Ibid.

36. An Act for enabling the granting of Leases for- Mining and
other Purposes, and the making of Sales and Exchanges, of
certain Part of the Estates devised by the Will and Codicils of
Sir William Fmdis Baronet, deceased. UOo

37. An Act for authorizing the granting of Building, Improving,
and Mining Leases of Estates in the Parish of BocMnle in the
County of Lancaster, comprised, as to certain undivided Shares,
in the Marriage Settlement of Marcus Worsley and Harriet his
Wife, and devised, as to the other undivided Shares, by the Will
of Sarak Hamer deceased. Ibid.

38. Ad Act to authorize Conveyances in Fee or Demises for long
Terms of Years, under reserved Rents, of certain Parts of the
Settled Estates of Charles Richard Banasire Legh Esquire. Ibid.

XXX The TITLES of the STATUTES, &c

PRIVATE ACTS, *

NOT PRINTED.

99, An Act to relieve T%om€is AUxdnder Lord LovcU Baron
Lovat of Lovat in the County of Inverness from the Effect of
the Attainder of Simon Lord Lovat,

40. An Act to dissolve the Marriage of Siehard Redmond Caion
Esquire widi Anna Maria his now Wife, and to enahle him to
marry again ; and for other Purposes.

41. An Act to dissolve the Marriage of Henry Stacker School-
master with Sarah Slacker his now Wife, and to enable him to
marry again ; and for other Purposes.

THE

STATUTES AT LARGE.

Anno Regni VICTORIA, Britannianim Keginse^
Decimo Septimo & Decimo Octavo.

* A T the ParKament began and holden at Westmitister, the

* xV. Fourth Day of November, Anno Domini 1852, in the

* Sixteenth Year of the Reign of our Sovereign Ladj

* VICTORIA, by the Grace of God, Queen of the United King-

* dom of Great Britain and Ireland, Defender of the Faith : and
' from thence continued, bj several Prorogations, to the Thirty-

* first Day of January 1854 ; being the Second Session of the Six-

* teenth Parliament of the United Kingdom of Great Britain

* and Ireland^

CAP. I.

An Act to explain and amend an Act of the last Session
relating to the Duties of Assessed Taxes ; and to authorize
Justices of the Peace in Ireland to administer Oatha
required in Matters relating to Income Tax.

[17th February 1864.]

* Tl/^IIEREAS an Act was passed in the last Session of Par- le & 17 Vict

* ^^ liament. Chapter Ninety, to repeal certain Duties of c 90,
' Assessed Taxes, and to grant other Duties of the same Descrip-

* tion : And whereas by reason of certain Errors and Omissions

* in the said Act Doubts have arisen as to the Construction and
' Meaning thereof in some Particulars, -and it is expedient to

* remove such Doubts, and to amend the said Act : And whereas
' it is also expedient to amend the Act passed in the last Session,

* Chapter Thirty-four :' Be it enacted and declared by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Conmions, in
this present Parliament assembled, and by the Authority of the
same, as follows :

I. The Duties described or mentioned and set forth in the Dntieeoon-
Sehedule marked (F.) to the said Act annexed as Duties payable tuned in
annually for all Horses and Mules not charged with Duty under ^^**?H^;2
Schedule (E.) of the said Act shaU be deemed and are hereby tohTdeSi^ to
declared to be and to have been granted and made payable by the baye been
said Act from and after the Fifth Day of ^ril One thousand granted and
eight hundred and fifty-four in England and A^aUs and Bertoick" "Mde payable

17 & 18 Vict. B w/kw. «««'>y-

2 C.l. 17^&18« VICTORIiE. A-D.1854.

upan-Tweedj and from and' after the Twenty-fourth Day of May
in Scotland, notwithstanding the Omission to mention the said
Schedule (F.) in Section 2. of the said Act, purporting to enume-
rate the several Schedules containing the Duties intended to be
thereby granted and made payable ; and the said Schedule (F.)»
and the Duties, Rules, Regulations, and Exemptions therein set
forth or contained, shall have effect and be in f<Hree aa if the said
Schedule {F.) had been enumerated in the said Section along with
the several other Schedules therein mentioned.
Exemption 11. The Exemption No. 2., under the Head or Title of ^' Ex-

Na 2. in tl^p " emptions from the Duties contained in Schedules (E.) and (F.),**
*"*^^^*? in the said Act, shall be deemed and construed and is hereby
to^Se I^tf declared to extend only to exempt any Person from the Duties
contained in contained in Schedule (E.) of the said Act for One such Horse as
Schedule (£.) in the said Exemption No. 2. is described, used for riding on
in certain the Occasions and in manner therein mentioned ; and nothing in

^^*'^' the said Exemption shall be deemed or construed to extend to

exempt any Person from the Duties contained in Schedule (F.) of
the said Act, for any such Horse as aforesaid, except where the
same shall be kept for the Purpose of Husbandry, and used only
for such Purpose, and for riding on the Occasions and in manner
in the said Exemption No. 2. mentioned.
Hones used by UDL For any Horse^used by any Common Carrier in drawing
Common Car- ^ny Carriage used by him principally and hand fide for and in
p*" nTOTB^"*^ *^® carrying of Goods, and occasionally only in conveying Pas-
p^JJ^f^^g, sengers for Hire, in the Manner mentioned with respect to such
Schedule (F.) Carriage in Schedule (D.) of the said Act, there shall not by
reason of such using be charged any other or higher Duty than the
Duty contained in the said Schedule (F.)
Time forgiving IV. The Time limited by Section Six of the said Act for the
Notice to deter- giving of Notice to determine any Contract of Composition for
mine Compod- the Duties of Assessed Taxes shall be and is hereby extended to
UonB extended. ^^ ^lith Day of AprU One thousand eight hundred and fifty-
four ; and any such Notice as in the said Section Six is mentioned,
given on or before the said last-mentioned Day, shall have the
same Force and Effect as it would have had if it had been given
within the Time limited by the said Section.
Justices of the Y. ' Aiid whereas by tne several Acts in force relating to the
Peace in Ireland < Duties granted by an Act passed in the last Session of Pariia-
^y adm^rter < ^^^ Chapter Thirty-four, on Profits arising from Property,
by the Acts * Professions, Trades, and Offices, divers Oaths are required to be
relating to the ' taken by||Persons appointed Assessors and Collectors of the said
Income Tax. ' Duties, and by Persons claiming Exemption from or a Return

* or Repayment of the said Duties under the several Provisions
< of the said Acts, and by other Persons in relation to the Execu-
' tion of the said Acts, which said Oaths the Commissioners for

* Special Purposes and other Commissioners in the said Acts
mentioned are respectively authorized to administer ; and it is

* expedient to authorize Her Majesty's Justices of the Peace in

* Ireland^ as well as the said Commissioners, to administer the
same :* Be it enacted, That it shall be lawful for Her Majesty's
Justices of the Peace in Ireland respectively within their respec-
tive Jurisdictions, and any One of them is hereby authorized and
empowered, to administer to any such Assessor or Collector or t9

fBDJ

A.Da854. 17 « & W YICTORI^ C. 1—4.

any oHier Person any Oath required or authorized by the said
several Acts or any of them to be taken in any Matter relating to
the Execution of the said Acts.

CAP. IL

An Act to apply tiie Sum of Eight MiUions out of the Con-
solidated Fund to the Service of the Year One thousand
eight hundred and fifty-four. [23d March 1854.]

CAP. III.

An Act for raising the Sum of One million seven hundred
and fifty thousand Pounds by Exchequer Bills^ for the
Service of the Year One thousand eight hundred and fifty-
four. [23d March 1854.]

CAP. IV.

An Act for punishing Mutiny and Desertion^ and for the
better Pajrment of the Army and their Quarters.

[23d March 1854.]

[^Tkis Act is the same^ except as to Dates and the Parts here
insert^ as 16 ^ VJ Vict. c. 9.]

* VI/'HEfiEAS the raising or keeping a Standing Army within

* ^^ the United Kingdom of Great Britain and Ireland in

* Time of Peace, unless it be with the Consent of Parliament, is
' against Law : And whereas it is adjudged necessary by Her
' Majesty and this present Parliament that a Body of Forces
' should be continued for the Safety of the United Kingdom, the
' Defence of the Possessions of Her Majesty's Crown, and the
' Preservation of the Balance of Power in Europe^ and that the

' whole Number of such Forces should consist of One hundred Ifmnbers.
' and twenty-seven thousand nine hundred and seventy-seven

* Men, exclusive of the Officers and Men belonging to the Regi*
' ments employed in the Territorial Possessions of the East India

* Company, but including the Officers and Men of the Troops and

* Companies recruiting for those Regiments : And whereas no

* Man can be forejudged of Life or Limb, or subjected in Time of

* Peace to any Kind of Punishment within this Realm, by Mar-
' tial Law, or in any other Manner than by Judgment of his

* Peers, and according to the known and established Laws of this

* Realm ; yet nevertheless it being requisite, for the retaining all

* the before-mentioned Forces in their Duty, that an exact Disci-
' pline be observed, and that Soldiers who shall mutiny or stir up
' Sedition, or shall desert Her Majesty's Service, or be guilty a£

* Crimes and Offisnces to the Prejudice of good Order and Military
' Discipline, be brought to a more exemplary and speedy Punish-

* meat than the usual Forms of the Law will allow :' Be it there-
fixre enacted by the Queen's most Excellent Mi^esty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
AnthoritT of the same. That—

B 2 VL For

C.4.

17 • & IS" VICTORIA

A-D.1854.

Power to
constitute
Coorts-martiaL

President of
Conit-martiaL

Swearing and

summoning

Witnessea.

VL For the Purpose of bringing Offenders against this Act
and the Articles of War to Justice, Her Majesty may from Time
to Time, in like Manner as has been heretofore used, grant Com-
missions under the Royal Sign Manual for the holding Courts-
martial within the United Kingdom of Great Britain and Ireland^
and may grant Commissions or Warrants under the said Royal
Sign Manual to the Chief Governor or Governors of Ireland^ the
Commander of the Forces, or the Person or Persons commanding
in chief, or commanding for the Time being, any Body of Her
Majesty's Forces, as well within the United Kingdom of Great
Britain and Ireland and the British Jsles, as in any of Her
Majesty's Garrisons and Dominions or elsewhere beyond Seas,
for convening Courts*roartial, and for authorizing any Officer
under their respective Commands to convene Courts-martial, as
Occasion may require, for the Trial of Offences committed by any
of the Forces under the Command of any such last-mentioned
Officer, whether the same shall have been committed before or
after such Officer shall have taken upon him such Command ; the
Officer so authorized not being, however, below the Degree of a
Field Officer, except in the Settlements on the Western Coast
of Africa, where a Captain mny be authorized to convene District
or Garrison Courts- martial ; and any Person subject to this Act
who shall, in any Part of Her Majesty's Dominions or elsewhere,
commit any of the Offences for which he may be liable to be tried
by Court-martial by virtue of this Act or of the Articles of War,
may be tried and punished for the same in any Part of Her
Majesty's Dominions or elsewhere where he may have come or be
after the Commission of the Offence, as if the Offence had been
committed where such Trial shall take place.

Xni. The President of every Court-martial shall be appointed
by the Authority convening such Court, and shall in no Case be
the confirming Officer or the Officer whose Duty it has been to
investigate the Charges on which the Prisoner is to be arraigned ;
nor in the Case of a General Court-martial under the Degree of a
Field Officer,- unless a Field Officer cannot be had ; nor in any
Case whatever under the Degree of a Captain, save in the Case of
a Detachment General Court-martial holden out of Her Majesty's
Dominions, or of a Regimental or Detachment Court-martial holden
on the Line of March, or on board any Transport Ship, Convict
Ship, Merchant Vessel, or Troop Ship not in Commission, or on
«ny Foreign Station where a Captain cannot be had : Provided
always, that in the Case of a Detachment General Court-martial
holden out of Her Majesty's Dominions, the Officer convening
such Court may be the President thereof.

XV. All General and other Courts-martial shall have Power
and Authority, and are hereby required, to administer an Oath to
every Witness or other Person who shall be examined before such
Court in any Matter relating to any Proceeding before the same.;
and every Person, as well Civil as Military, who may be required
to give or produce Evidence before a Court-martial, shall, in
the Case ot General Courts-martial, bo summoned by the Judge
Advocate General, or his Deputy, or the Person officiating as
Judge Advocate, and in the Case of all other Courts-martial, by
the President of the Court ; and all Persons so summoned and

attending

A.D.1854. 17° ftlS'^ VICTORIA. C.4- 5

attending as Witnesses before any Court-martial shall, during
their necessary Attendance in or on such Courts, and in going
to and returning from the same, be privileged from Arrest, and
shall, if unduly arrested, be discharged by the Court out of which
the Writ or Process issued by which such Witness was arrested,
or if such Court be not sitting, then by any Judge of the Superior
Courts of Westminster or Dublin, or of the Court of Session in
Scotland, ot of the Courts of Law in the East or West Indies, or
elsewhere, according as the Case shall require, upon its being
made to appear to such Court or Judge, by any Affidavit in a
summary Way, that such Witness was arrested in going to or
attending upon or returning from such Court-martial; and all
Witnesses so duly summoned as aforesaid who shall not attend on
such Courts, or attending shall refuse to be sworn, or being sworn
shall refuse to give Evidence or not produce the Documents under
their Power or Control required to be produced by them, or to
answer all such Questions as the Court may legaUy demand of
them, shall be liable to be attached in the Court of Queen's Bench
in London or Dublin, or in the Court of Session, or Sheriff Depute
or Stewards Depute, or their respective Substitutes, within their
several Shires and Stewastries in Scotland, or in Courts of Law
in the East or West Indies, or in any of Her Majesty's Colonies,
Garrisons, or Dominions, in Europe or elsewhere respectively,
upon Complaint made, in like Manner as if such Witness, after
having b^n duly summoned or subposnaed, had neglected to
attend upon a Trial in any Proceeding in the Court in which such
Complaint shall be made : Provided always, that nothing in this
Act contained shall be construed to render an Oath necessary in
iny Case where by Law a solemn Affirmation may be made
instead thereof.

XYL After a Prisoner has been found guilty of any Charge or Jh^ioas Ck>xi«
Charges, the Court before which any such Prisoner shall have rictioM to be
been tried may, before passing Sentence on such Prisoner, and for patmEvidenee.
the Purpose only of affixing Punishment, receive in Evidence
against him any previous Convictions by Courts martial, and in
like Manner and for the like Purpose the Court shall receive in
Evidence any previous Conviction of such Prisoner by a Court
of ordinary Criminal Jurisdiction, where the Offence charged in
the Indictment was of a felonious, fraudulent, or unnatural Nature ;
and in the Case of Convictions by Courtsrmartial, duly confirmed,
the Coart-martial Book or the Regimental or Company's Defaul-
ters Book, and when none of those Books can conveniently be
prodaced, a Certificate, which shall purport to contain a Copy of
the Entiy of such Convictions in such Books or any of them,
and which shall be signed by the Adjutant, or other Officer having
the Custody of the Court-martial Book or of the Defaulters Book
of the Regiment or Company to which the Prisoner belongs, shall
be snfficient Evidence of such Conviction ; and it shall not be
oecesaarj to prove the Signature or official Character of the Per-
lon appearing to have signed such Certificate, nor, if the Court
be satiafied from all the Circumstances of the Case that the Prisoner
under Trial is the Person mentioned in any such Certificate, shall
it be necessary to give other Proofs of the Identity of the Person
of the Offender; and in the Case of a Conviction by a Court of

B 3 ordinarj

6 C.4. 17»&18» VICTORIJE. A.D.1854.

ordinarj Criminal Jurisdiction, any Certificate transmitted as
herein-after provided to the Officer commanding a Regiment by
the Clerk of any such Court, or other Officer having Custody of
the Records of such Court, or the Deputy of such Clerk, con-
taining the Substance and Effect of any Indictment, omitting the
formal Fart, together with the Judgment of the Court thereon^
and purporting to be signed by such Clerk or other Officer, or by
the Deputy of such Clerk, or if such Certificate 6annot con-
veniently be obtained, a Copy thereof, duly certified by the Officer
producing it, shall be sufficient Evidence of such last-mentioned
Conviction ; and it shall not be necessary to prove the Signature
or official Character of the Person appearing to have signed such
last-mentioned Certificate, nor, if the Court be satisfied from all
the Circumstances of the Case that the Prisoner under Trial is
the Person mentioned in such Certificate, shall it be necessary
to give other Proofe of the Identity of the Person of the Offender:
Provided always, that before any such Evidence shall be received
it shall be proved to the Satis&ction of the Court that the said
Prisoner had previousW^ to his Trial received Notice of the Inten-
tion to produce such Evidence against him ; provided also^ that
the Court shall in no Case award to him any other Punishinent
or Punishments than may by this Act and by the Articles of War
be awarded for the Offence of which he shall have been so found
guilty.
Crimes ponish- XIX. If any Person subject to this Act shall at any Time
able wiui during the Continuance of this Act begin, excite, cause, or join

^^^^^ in any Mutiny or Sedition in Her Majesty's Land or Marine

Forces, or shall not use his utmost Endeavoura to suppress the
same, or coming to the Knowledge of any Mutiny or intended
Mutiny shall not, without Delay, give Information thereof to his
Commanding Officer ; or shall hold Correspondence with or give
Advice or Intelligence to any Rebel or Enemy of Her Majesty,
either by Letters, Messages, Signs, or Tokens, in any Manner or
Way whatsoever ; or shall treat or enter into any Terms with
such Rebel or Enemy without Her Majesty's Licence or Licence
of the General or Chief Commander ; or shall misbehave himself
before the Enemy ; or shall shamefully abandon or deliver up any
Garrison, Fortress, Post, or Guard committed to his Charge, or
which he shall have been commanded to defend ; or shall compel
the Governor or Commanding Officer of any Garrison, Fortress^
or Post to deliver up to the Enemy or to abandon the same;
or shall speak Words or use any other Means to induce such
Governor or Commanding Officer, or others, to misbehave before
the Enemy, or shamefully to abandon or deliver up any Garrison,
Fortress, Post, or Guard committed to their respective Charge, or
which he or they shall be commanded to defend ; or shall desert
Her Majesty's Service ; or shall leave his Post before being regu*
larly relieved ; or shall be found sleeping on his Post ; or shall
strike or shall use or offer any Violence against his Superior
Officer, being in the Execution of his Office, or shall disobey
any lawful Command of his Superior Officer ; or who being con-
fined in a Military Prison shall offer any Violence against a
Visitor or other his Superior Military^Officer, being in the Execu-
tion of his Office ; ail and every Person and Persons so offending

in

A.D.1854. 17*^ & 18* VICT0RLZE3. C.4. 7

in any of the Matters before mentioned, whether such Offence
shall be eommiited within this Bealm, or in any other of Her
Majesty's Dominions, or in F<Mreign Farts, upon Land or upon the
Sea, shall snffer Death or such other Punishment as by a Coart-
mardal shall be awarded : Provided always, that any Non-<som-
misBioaed Officer or Soldier enlisted or in pay in any Regiment,
IVoop^ or Company, who shall, without having first obtained a
regular Discharge therefrom, enlist himself in any other Begi*
ment. Troop, or Company, may be deemed to have deserted Her
Maj^ty's Service, and shall be liable to be punished accordingly.

XXL Whensoever any General Court-martial by which any Commntatum
Soldier shall have been tried and convicted of any Offence punish- of Death for
able witb Death shall not think the Offence deserving of Capital Transportatioii*
Punishment^ such Court-martial may adjudge the Offender, accord*
ing to the D^ree of the Offence, to Peoal Servitude, or to be
transported as a Felon for Life, or for a certain Term of Years, •
not less than Fourteen, or may sentence him to general Service
as a Soldier in any Corps and in any Country or Place which
Her Mi^esty shall thereupon direct, or may, if such Offender shall
have eniislied &r a limited Term of Years, sentence him to serve
for Life as a Soldier in any Corps which Her Majesty shall please
io direct: Provided always, that in all Cases where a Capital
Ponishment shall have been awarded by a General Court-martial
or Detachment General Court-martial it shall be lawful for Her
Majesty, or, if in the JEast Indies^ for the Officer commanding
in diief the Forces in India^ or if out of Her Mnjesty's Dominions
(the Jiomkui Islauds excepted) for the Officer commanding in
chief Her Majesty's Forces there serving, instead of causing such
Sentence to be carried into execution, to order the Offender to be
kept to Penal Servitude or to be transported as a Felon, either
for life or for a certain Ternl of Years not less than Fourteen,
or to Penal Servitude, or to suffer such Term of Imprisonment,
either witb or without Hard Labour, as shall seem meet to Her
Majesty, or, if in the East IndieSj or out of Her Majesty's Domi-
nioDs (the Lndan Islands excepted), to the Officers commanding
as aforesaid.

XXTI. Every Paymaster or other Commissioned Officer of Her Embezzlemeat
Majesty's Forces, or any Person employed in the Ordnance or ponisbable by
Commissariat Department, or in any Manner in the Care or Transportation.
Distribution of any Money, Provisions, Forage, or Stores, who
shall embezzle or fraudulently misapply, wilfully damage, steal,
or be concerned in or connive at the Embezzlement, fraudulent
Misapplication, wilful Damsge, or Theft of any Money, Pro-
visions, Forage, Arms, Clothing, Anmiunition, or other Militarv
Stores belonging to Her Majesty's Forces or for Her Majesty^
Use, may be tried for the same by a Greneral Court-martial,
which may adjudge any such Offender to Penal Servitude or to
be transported as a Felon for Life or for any certain Tenn of
Years not less than Fourteen, or to suffer such Punishment of
Fine^ Lnprisonment, Dismissal from Her Majesty's Service, and
Ineapacity of serving Her Migesty in any Office, Civil or Mili-
tary, as snch Court shall think fit, according to the feature and
Degree of the Offence ; and every such Offender shall, in addition
to any other Punishment, make good at his own Expense the Loss

B 4 and

C-4.

17« & 18 « VICTORLae.

A.D.1854.

Execution of '
Sentences of
Transportation
in the United

and Damage suBtained» which shall have been ascertained bj such
Court-martial ; and in every such Case the Court is required to
ascertain by Evidence the Amount of the Loss or Damage in-
curred, and to declare by their Sentence that such Amount shall
be made good by such Offender ; and the Loss and Damage so
ascertained as aforesaid shall be a Debt to Her Majesty, and may
be recovered in any of Her Majesty's Courts at Westminster or in
Dublin, or the Court of Exchequer in Scotland, or in any Court
in Her Majesty's Colonies where the Person sentenced by such
Court-martial shall be resident, after the said Judgment shall
be confirmed and made known ; and every Commissioned Officer
sentenced to Penal Servitude or to be transported as a Felon,
when such Sentence shall be confirmed, shall thereupon cease to
belong to Her Majesty's Service, and for ever be incapable of
serving Her Majesty in any Military Capacity.

XXIIL Whenever Her Majesty shall intend that any Sentence
of Penal Servitude or of Transportation heretofore or hereafter
passed upon any Offender by any Court-martial shall be carried
into execution for the Term specified in such Sentence or for any
shorter Term, or shall be graciously pleased to commute as afore-
said to Penal Servitude or to Transportation, any Sentence of
Death passed by any such Court, the Sentence, together with Her
Majesty's Pleasure thereupon, shall be notified in Writing by the
Officer commanding in chief Her Majesty's Forces in Great
Britain and Ireland, or in the temporary Absence of such Officer
by the Adjutant General, or when there shall not be any Com-
mander-in-Chief of Her Majesty's Forces in Great Britain and
Ireland, then by the Secretary-at-War or his Deputy, to any
Judge of the Queen's Bench, Common Pleas, or Exchequer in
England or Ireland, and thereupon such Judge shall make an
Order for the Penal Servitude or Transportation of such Offender
in conformity with such Notification, and shall also do all such
other Acts consequent upon such Notification as such Judge is
authorized to do by any Act in force touching the Penal Servitude
or Transportation of other Offenders ; and the Person in whose
Custody such Offender shall at that Time be, and all other Persons
whatsoever whom the said Order may concern, shall be bound
to obey and shall be assistant in the Execution thereof, and shall
be liable to the same Punishment for Disobedience, or for inter-
rupting the Execution of such Order> as if the Order had been
made under the Authority of any such Act as aforesaid ; and
every Person so ordered to Penal Servitude or to be transported
shall be subject to every Provision made by Law and in force
concerning Persons convicted of any Crime and under Sentence
of Penal Servitude or of Transportation ; and from the Time when
such Order of Penal Servitude or of Transportation shall be made
every Act in force touching the Escape of Felons, or their after-
wards returning, or their being at large without Leave, shall
apply to such Offender, and to all Persons aiding and abetting,
contriving or assisting in any Escape or intended Escape, or
returning without Leave, of any such Offender ; and the Judge
who shiOl make any Order of Penal Servitude or of Transporta-
tion as aforesaid shall direct the Notification of Her Majesty's
Pleasure, and his own Order made thereupon, to be filed and kept

of

A.Da854. 17** & 18« VICTORIA. C.4. 9

of Record in the Office of the Clerk of the Crown of the Court
of Queen's Bench ; and the said Clerk shall have a Fee of Two
Shillings and Sixpence only for filing the same, and shall, on
Application, deliver a Certificate in Writing (not taking more
than Two Shillings and Sixpence for the same) to such Offender,
or to anj Person applying in his or Her Majesty's Behalf, showing
the Christian and Surname of such Offender, his Offence, the
Place where the Court was held before whom he was convicted,
and the Conditions on which the Order of Penal Sevitude or of
Transportation was given ; which Certificate shall be sufficient
Proof of the Conviction and Sentence of such Offender^ and also
of the Terms on which such Order for his Penal Servitude or
Transportation was given, in any Court and in any Proceeding
wherein it may be necessary to inquire into the same.

XXIV. Whenever any Sentence of Penal Servitude or of Trans- In the Colonies.
portation heretofoi-e or hereafter passed upon any Offender by any
Court-martial holden in the East Indies, or in any Part of Her
Majesty's Foreign Dominions, or elsewhere beyond the Seas, is to
be carried into execution for the Term specified in such Sentence
or for any shorter Term, or when Sentence of Death has been or
shall as aforesaid be commuted to Penal Servitude or to Trans-
portation, the same shall be notified by the Officer commanding
Her Majesty's Forces at the Presidency or Station where the
Offender may come or be, or in his Absence by the Adjutant
General for the Time being, to some Judge of One of the Supreme
Courts of Judicature in the East Indies^ or Chief Justice, or some
other Judge, as the Case may be, in any Part of Her Majesty's
Foreign Dominions, who shall make Order for the Penal Servi-
tude or Transportation or intermediate Custody of such Offender,
in like Manner as for the Penal Servitude or Transportation or
intermediate Custody of any other Convict ; and upon any such
Order being made it shall be duly notified to the Governor of
the Presidency if in the East Indies, or to the Governor of the
Colony if in any of Her Majesty's Colonies, or to the Person who
shall for the Time being be exercising the Office of Governor of
sach Presidency, or Colony, who, on Receipt of such Notification,
ahaU cause such Offender to be removed to some Colony or Place
in obedience to the Directions for the itemoval of Convicts which
ahall &om Time to Time be transmitted from Her Majesty through
One of Her Principal Secretaries of State to such Presidency or
Colony ; and such Offender on being so removed shall undergo the
Sentence of Penal Servitude or of Transportation which has been
passed upon him in the Colony or Place to which he has been so
removed or sent, and whibt such Sentence shall remain in force
shall be liable to be there imprisoned, and kept to Hard Labour,
and otherwise dealt with under such Sentence in the same Manner
as if he had been sentenced to be imprisoned, with Hard Labour,
during the Term of his Penal Servitude or of his Transportation,
by the Judgment of a Court of competent Jurisdiction in the
Colony or i^ace to which he has been so removed or sent : Pro-
vided alwayS} that in any Case where a Sentence of Penal Servi-
tude or of Transportation shall have been awarded by a General
or Detaehment General Court-martial it shall be lawful for Her
If^esfyf or, if in the Ea$t Indies, for the Officer commanding in

chief

10

C.4.

17" & 18' VICTORI-aL

A.D.1854.

Power to ooni'-
mate Corporal
Puushment

Forfeitiire of
Paj and Pen-
sion hj Sen-
tence of Cooit-

IHlfftSlJ.

chief the Forces in Indict instead of causing such Sentence to be
carried into execution, to order that the Offender be imprisoned
for a Term not exceeding Two Years, either with or without Hard
Labour, and Solitary Confinement not exceeding the Period herein-
after prescribed.

XX Vn. In all Cases in which Corporal Punishment shall form
the whole or any Part of the Sentence awarded by anj Court-
martial it shall be lawful for Her Majesty, or for the General or
other Officer authorized to confirm the Sentences of Courts-
martial, to commute such Corporal Punishment to Imprisonment,
either solitary or with or without Hard Labour, for any Period
not exceeding Forty-two Days, or to mitigate such Sentence, or
instead of such Sentence to award Imprisonment, either solitary
or with or without Hard Labour, for any Period not exceeding
Twenty Days, and Corporal Punishment, to be inflicted in the
Prison, not exceeding Twenty-five Lashes ; provided that such
Commutation of Punishment to Solitary Confinement shall in no
Case exceed the Period herein-after prescribed.

XXV HL Any General Court-martial may, in addition to any
other Punishment which it may be competent to award, sentence
any Offender to Forfeiture of all Advantage as to additional Pay,
Good-conduct Pay, and to Pension on Discharge, which might
have otherwise accrued from the Length of his former Service^ or
to Forfeiture of such Advantage absolutely, whether it might have
accrued from past Service or might accrue from future Service^
according to the Nature of the Case ; and any District or Garrison
Court-martial may also, in addition to any Sentence which such
Court may award, sentence any Offender to such Forfeiture for
Desertion or for disgraceful Conduct^— <-

In wilfully maiming or injuring himself or any other Soldier,
whether at the Instance of such other Soldier or not, or of
causing himself to be maimed or mutilated by any other
Person, with Intent thereby to render himself or such other
Soldier unfit for Service :

In wilfully doing any Act, or wilfully disobeying any Orders,
whether in Hospital or otherwise, thereby producing or aggra-
vating Disease or Infismity, or delaying his Cure :

In malingering or feigning Disease :

In stealing or embezzling Grovernment Property or Stores, or in
receiving the same knowing the same to have been stolen :

In stealing any Money or Goods, the Property of a Comrade, of
a Military Officer, or of any Military or Regimental Mesa or
Band, or in receiving any such Money or Goods knowing the
same to have been stolen :

In making any false or fraudulent Accounts, Ketums, Matters,
or Entries, or assisting or conniving at the same being made^
or producing the same as true, knowing the same to be false
or fraudulent :

In stealing or embezzling or fraudulently misapplying Public
Money intrusted to him :

Or in committing any other Offence of a felonious or firaudulent
l^ature, to the Injury of or with Intent to injure any Person,
Civil or Military :

Or

AJ).1854- 17*^ & 18» VICTORLE. 0.4. 11

Or for anj other disgracefal Condact, being of a crael* indeoent,
or unnatural Kind.

XXTY. ETerj Soldier who shall be found guiltj by a Court- Forfeiton of
martial of Deflertion, of wilfully maiming or injuring himself or P^y on Connie
any other Soldier, whether at the Instance of such other Soldier ^^ of D«er-
or not, or of causing himself to bo maimed or mutilated by any ****^ or Felony,
other Person, with Intent thereby to render himself or such other
Soldier unfit for Service, of tampering with his Eyes with Intent
thereby to render himself unfit for Service, such Finding having
been confirmed, or of Felony in any Court of ordinary Criminal
Jurisdiction in England or Ireland^ or of any Crime or Ofience in
any Court of Criminal Judicature in any Part of the United
Kingdom, or in any Dominion, Territory, Colony, Settlement, or
Island belonging to or occupied by Her Majesty out of the United
Kingdom, which would, if committed therein, amount to Felony,
shall thereupon forfeit all Advantage as to additional Pay, Grood-
eondnct Pay, and to Pension on Discharge, which might have
otherwise accrued from the Length of his former SOTvice, in
addition to any Punishment which such Court may award.

AJfULLY. Whenever any Soldier shall have been convicted of Diflchai^ged^
any such disgraceful Conduct herein-before described, or of Deser- ^th Igoommy.
lion, and the Court in respect thereof shall have made the Forfei*
tore of all Claim to Pension on Discharge a Part of the Sentence
passed on such Soldier, such Court may further recommend that
he be disduuqged with Ignominy from Her Majesty's Service.

XXX\^. Whenever Sentence shall be passed by a Court- Lnpruonmeitt
martial on an Qflfender already imprisoned under Sentence of a of OffenderB
Court-martial for any Offence of which he has been before con- ^^^^ nnder
victed, it shall be lawful for the Court to award Imprisonment for ^^^ ^
the Offence for which he is under Trial, upon Conviction thereof, Ofienee.
to commence at the Expiration of the Imprisonment to which such
Offender shall have been previously sentenced ; and where such
Offender shall be already under Sentence, either of Imprisonment,
of Penal Servitude, or of Transportation, the Court, if empowered
to pass Sentence of Penal Servitude or of Transportation, may
award such Sentence for the Offence for which he is under Trifd
to commence at the Expiration of the Imprisonment, Penal Servi-
tude, or Transportation to which such Offender shall have been
previoosly sentenced, although the Aggregate of the Terms of
Imprisonment, Penal Servitude, or Transportation respectively
may exceed the Term for which either of those Punishments
would be otherwise awarded.

XXXYm. Save as herein-before specially provided, every Tennand
Term of Penal Servitude, Transportation, or of Imprisonment Place of
under the Sentence of a Court-martial, whether original or revised, hmprisonmcnt
shall be reckoned as commencing on the Day on which the original
Sentence and Prooeedings shall have been signed by the Presi-
dent; and the Place of Imprisonment under the Sentences of
Gencnral Courts-martial shaU be appointed by the Officer com-
manding the Diatrict, Garrison, Island, or Colony, and under the
Senteooe* of jmy other Court-martial shall be appointed by ihe
Oflieer confirming the Proceedings of such Court-martial, and in
definh of 80ch Appointment then the Place of Impxiaonment

shall

12

C.4.

l?'* & 18« VICTORIiE.

A.D.1854.

Trials for
Dtf ertion after
subfiequent
Be-enlistment

Soldiers liable
to be taken out
ofHer Majesty's
Service only for
Felony, Misde-
meanor, or for
Debts amount-
ing to 30Z. and
npirards.

Soldiers not
liable to be
taken ont of
Her Mi\jesty's
Service for
Debts nnder
sol, or fi>r not

their Families,
or for BreaclT
of Contract

sball be appointed by tbe Officer commanding tbe Regiment or
Corps to which the Offender belongs or is attached.

XLV. Every Soldier shall be liable to be tried and punished
for Desertion from any Corps into which he may have unlawfully
enlisted, although he may of right belong to another Corps and
be a Deserter therefrom, and whether such Soldier shall be tried
for Desertion from the Corps to which he may of right belong, or
whether such Soldier shall be tried for deserting from the Corps
to which he may of right belong, or from the Corps into which
he may have unlawfully enlisted, or for any other Desertion, every
Desertion previous or subsequent to that for which he may at the
Time be taking liis Trial may, if duly stated in the Charges, be
given in Evidence against him on such Trial.

LII. Any Person enlisted into Her Majesty's Service as a
Soldier, or serving as a Non-commissioned Officer or Drummer on
the permanent Staff of the Disembodied Militia, shall be liable
to be taken out of Her Majesty's Service only by Process or
Execution on account of any Charge of Felony or of Misde-
meanor, other than the Misdemeanor of refusing to comply with
an Order of Justices for the Payment of Money, or on account of
an original Debt proved by Affidavit of the Plaintiff or of some
one on his Behalf to amount to the Yalue of Thirty Pounds at the
least, over and above all Costs of Suit in the Action or Actions,
such Affidavit to be sworn, without Payment of any Fee, before
some Judge of the Court out of which Process or Execution shall
issue, or before some Person authorized to take Affidavits in such
Court, of which Affidavit, when duly filed in such Court, a
Memorandum shall, without Fee, be endorsed upon the Back of
such Process, stating tlte Facts sworn to, and the Day of filing
such Affidavit ; but no Soldier or other Person as aforesaid shall
be liable to be summoned before any Justice of the Peace or
other Authority whatever, or to be taken out of Her Majesty's
Service, by any Capias, Writ, Summons, Order, Judgment, Pro-
cess, or Execution issued by or by the Authority of any Court or
Inferior Court for any original Debt not amounting to Thirty
Pounds, or for not supporting or maintaining, or for not having
supported or maintained, or for deserting or having deserted, or
for leaving or having left chargeable to any Parish, Township, or
Union, any Wife, or any Child or Children, legitimate or illegiti-
mate, or other Relation, which such Soldier or Person would, if
not in Her Majesty's Service, be liable by Law to support or
maintain, or for the Breach of any Contract, Covenant, Agree-
ment, or other Engagement whatever, by Parol or in Writing, or
for having left or deserted his Employer or Master, or his Contract,
Work, or Labour, except in the Case of an Apprentice, or of an
indentured Labourer, as herein-after described ; and all Sum-
monses, Warrants, Commitments, Indictments, Convictions, Judg-
ments, and Sentences, on account of any of the Matters for whidi
it is herein declared that a Soldier or other Person as aforesaid is
not liable to be taken out of Her Majesty's Service, shall be utterly
illegal, and null and void, to all Intents and Purposes ; and any
Judge of any such Court may examine into any Complaints made
by a Soldier or by his Superior Officer, and by Warrant under his
Hand diacharge such Soldier, without Fee, he being shown to have

A-D.1854. 17» & IS'* VICTORIA C.4, 13

been arrested contrary to the Intent of this Act, and shall award
reasonable Costs to such Complainant, who shall have for the
Recovery thereof the like Remedy as would have been applicable
to the Kecotery of any Costs which might have been awarded
against the Complainant in any Judgment or Execution as afore-
said, or a Writ of Habeas corpus ad subjiciendum shall be awarded
or issued, and the Discharge of any such Soldier out of Custody
shall be ordered thereupon ; provided that any Plaintiff, upon
Notice of the Cause of Action first given in Writing to any
Soldier, or left at his last Quarters, may proceed in any Action
or Suit to Judgment, and have Execution other than against the
Body ; provided also, that nothing herein contained, relating to
the leaving or deserting a Master or Employer, or to the Breach
of any Contract, Agreement^ or Engagement, shall apply to Per-
sons who shall be really and hondjide Apprentices, duly bound,
under the Age of Twenty-one Years, or to indentured Labourers,
as herein-after prescribed.

LVII. If any Recruit shall receive the Enlisting Money from Offences con-
any Person employed in the Recruiting Service (knowing it to be nected with
such), and shall abscond or refuse to go before such Justice, or Enlistment.
shall thereafter absent liimself from the Recruiting Party or
Person with whom he enlisted, and shall not voluntarily return
to go before some Justice within such Period of Ninety-six Hours
as aforesaid, such Recruit shall be deemed to be enlisted and a
Soldier in Her Majesty's Service, or in the Service of the East
India Company, as fully to all Intents and Purposes as if he had
been duly attested, and may be apprehended and punished as a
Deserter, or for being absent without Leave, under any Articles
of W^ar made for Punishment of Mutiny and Desertion ; and such
Recruit shall not be discharged by any Justice of the Peace after
the Expiration of such Ninety-six Hours as aforesaid, unless it
shall be proved to the Satisfaction of such Justice that the true
Name and Residence of the Recruit were disclosed and known
to the Recruiting Party, and that no Notice was given to the
Recruit, or left at his usual Place of Abode, of his having so
enlisted, or that the true Name and Residence of the Recruit were
not taken down in Writing : Provided always, that in every Case
wherein any Recruit shall have received Enlisting Money, and
shall have absconded from the Party, so that it shall not be possible
immediately to apprehend and bring him before a Justice, the
Officer or Non-commissioned Officer commanding the Party shall
produce to the Justice before whom the Recruit ought regularly
to have been brought for Attestation a Certificate of the Name
and Place of Residence of such Recruit ; and the Justice to whom
such Certificate shall be produced shall, after satisfying himself
that the Recruit who had absconded cannot be found and appre-
hended, transmit a Duplicate thereof to Her Majesty's Secretary-
at-War, in order that, in the event of such Recruit being afterwards
apprehended and reported as a Deserter, the Facts of his having
received Enlisting Money, and having absconded after having been
enlisted, may be ascertained before he be finally adjudged to be a
Deserter ; and any Recruit who shall have enlisted into and been
attested for Her Majesty's Forces, and who shall be discovered to
be incapable of active Service by reason of any Infirmity con-
cealed

14 C.4. 17^ & 18^ VICTORLffiL A.D.1854.

cealed or not declared by such Recruit before the Justice at the
Time of his Attestation, may be transferred to any Grarrison or
Veteran or Invalid Battalion or Company, notwithstanding he
shall have enlisted for any particular Regiment, tmd shall be
entitled to receive such Proportion or Residue of Bounty only as
Her Majesty may allow in that Behalf, instead of the Bounty
upon which such Man shall have been enlisted, anything in any Act
or Acts, or any Rules and Regulations relating to Soldiers, to the
contrary notwithstanding ; and it shall be lawful for any Two
Justices acting for the County, District, City, Burgh, or Place
where any such Recruit shall ^t any Time happen to be when any
such Recruit shall be brought, and shall be proved upon Oath
before them upon being attested to have concealed his having been
a Soldier and discharged, or to have concealed his having been
discharged upon any prior Enlistment, or to have wilfully con-
cealed any such Infirmity, or to have designedh^ made any fiUse
Representation, to adjudge such Recruit, if in Engiandy to be a
Rogue and Vagabond^ and to sentence him to such Punishment
as by any Law in force may be inflicted upon Rogues and Vaga-
bonds, and to adjudge such Person, if in Scadand or Irdand, to
be imprisoned, with Hard Labour, in any Prison or House of
Correction for any Period not exceeding Three Months ; and any
Recruit who shall designedly make any false Representation of
any Particular contained in the Oaths and Certificates in the
Schedule to this Act annexed, before the Justice, at the Time of
his Attestation, and shall obtain any Enlisting Money or Bounty
for entering into Her Majesty's Service, or into the Service of the
East India Company, or any other Money, shall be deemed guilty
of obtaining Money under false Pretences, within the true Intent
and Meaning, if in England, of an Act passed in the Seventh and
Eighth Years of His Majesty King Crearge the Fourth, intituled

7&8G.4.C29. An Act for consolidating and amending the Laws in England
relative to Larceny and other Offences connected therewith^ and if
in Ireland^ of an Act passed in the Ninth Year of the Reign of

9 Q. 4. c 65. His Majesty King George the Fourth, intituled An Act for con--
solidating and amending the Laws in Ireland relative to Larceny
and other Offences connected therewith, and such Recruit, if in
Scotlandj shall be deemed guilty of Falsehood, Fraud, and wilful
Imposition ; and any attested Recruit who shall in any Part of
Her Majes^s Dominions or elsewhere have committed any of the
before-mentioned Offences regarding Enlistment may be summa-
rily punished or prosecuted, tried and convicted, for any such
Offence, at any Time during the Continuance of the Service for
which he shall have enlisted, and in any County or Place where
he may happen to be when such summary Proceeding or Prose-
cution shall be instituted ; and the Production of the Oath in the
Schedule to this Act annexed, taken by the Recruit on his Attes-
tation, and the Certificate then signed by the Justice before whom
the Recruit was attested, certifying that the Questions and Answers
contained in the Attestation were in his Presence put to and given
by such Recruit, shall, in the Absence of Proof to the contrary, be
deemed and taken to be sufficient Evidence of such Recruit having
represented the several Particulars as in the Oath sworn by him ;
and Proof by the Oath of One or more credible Witnesses that

the

A.D.1854. .17^ & 18« TICTORI^. C.4. 16

the Penon so prosecuted hath voluntarilj acknowledged that at
the Time of his Enlistment he belonged to any Regiment in Her
Majesty's Serrice, or to Her Majesty's Ordnance, Navy, or Marines,
or to the Forces of the Eeui India Company, shall be deemed and
taken as Evidence of the Fact so by him acknowledged, without
Prodoction of any Boll or other Document to prove the same ; and
SDcii Proof of such Acknowledgment shall be certified to the
Secretary-at-War by the Justice before whom such Proof shall
have been given ; and any Man having been enrolled as a Volunteer
under the Act Fifteenth and Sixteenth Ftctorto, Chapter Fifty,
or any subsequent Acts, to serve in the Militia, who at the Time
of oTOring to enlist into Her Mi\jesty*s Forces, Army, Ordnance,
or Marines, or into the Forces of the Eiut India Company, or to
enter into Her Majesty's Navy shall deny that he is a Militia Man
then actually enrolled and engaged to serve in the Militia, and who
shall not have completed his Engagement by Attestation or by
being entered on the Books of the Navy, shall, upon Conviction
thereof before any One Justice of the Peace in the Tnited King-
dom, either upon the Oath of One Witness or upon his own Con-
fession, be committed to the Common Gaol or House of Correction
for any Tune not exceeding Fourteen Days ; and any Man enrolled
as aforesaid who may have denied or shall hereafter deny, or who
may have confessed or shall hereafter confess, to the Justice before
whom he shall have been or shall be attested for the Army,
Ordnance, or Marine Forces, or for the Forces of the East India
Company, or who may have denied or shall hereafter deny, or who
may have confessed or shall hereafter confess, on the Completion
of his Engagement to enter the Navy, that he belongs to the
Militia, shall not be liable to Imprisonment for such Offence, but
shall, upon Conviction thereof before any One Justice in the
United Kingdom, or before a Regimental or Naval Court of Inquiry,
either upon bis own Confession or upon the Oath of One Witness,
forfeit all Militia Bounty which would have become ])ayable to him
during the Period of his belonging to Her Majesty's Eegular Forces,
or to the Forces of the East India Company, or to the Roynl Navy,
if be had not therein enlisted or entered, and be f^ubjerted to a
Stoppage of One Penny a Day from his Pay for Eighteen Calendar
Months, to be applied as the Secretary-at-War shall direct ; or if
enrolled in the Militia as a balloted Man or Substitute nhall, if
convicted before any One Justice as aforesaid, be committed to
the Common Gaol or House of Correction, there to remain with-
out Bail or Mainprise for and during any Time not exceeding
Six Calendar Months, over and above any Penalty or Punishment
to which such Person so offending may be othf rwise liable ; and
such Person, whether he shall have been enrolled as a Volunteer
or as a balloted Man or Substitute, shall, from the 1 )ay on which
his Eng^ement to serve in the Militia shall end, and not sooner,
belong as a Soldier to the Corps of Her Majesty's Beerular Forces,
or of the East India Company's Forces into which \w nhall have
so enlisted : Provided always, that every such Person shall be
liable to serve within the United Kingdom of Great Britain and
Irdand in any Regiment, Battalion, or Corps of Her Majesty's
Regular Forces, or of the East India Company's Forces, in which
he has so enlisted, during all the Time Uie Militia to v^ hich he shall

belong

16

C.4.

17«&18« VICTORIiE..

A.D.1854.

Enlistment and'

Re-enlistment

abroad.

Apprentioe en-
listing to be
liable to serve
after the Expi-
ration of his
Apjlrenticeship.

belong shall rcmaiD disembodied, or shall not be called oat for
Training or Exercise, and shall during all such Time be subject to
all the Provisions of this Act, and liable to be apprehended and
dealt with and punished as a Deserter from the Corps in which
he shall have so enlisted if he shall neglect or refuse to join and
serve in such Corps as aforesaid.

LIX. * And whereas it is expedient that Provision should be
' made for enlisting and attesting of Soldiers desirous of re-
' enlisting and others desirous of enlisting abroad f Be it there-
fore enacted, That it shall be lawful for Her Majesty, by any
Warrant signed by the Secretary-at-War in that Behalf, to autho-
rize the Governors of Colonies, and of the several Presidencies in
India, ^o appoint any Person, not being a General Officer nor
holding any Regimental Commission, to enlist or attest, or for any
Justice of the Peace or Magistrate acting for the Place of such
Re-enlistment or Enlistment, and not being a General Officer nor
holding any Regimental Commission, to enlist and attest, out of
Great Britain or Ireland, any Soldiers or Persons desirous of
enlisting or re-enlisting into Her Majesty's Service ; and any
Person so appointed shall have the same Powers in that Behalf
as are given to Justices in the United Kingdom for all such Pur-
poses of Enlistment and Attestation ; and all such Appointments,,
past, and future, and everything done or to bo done under them,
shall be valid and of full Effect, notwithstanding the Expiration
of this Act or of any other Act of Parliament ; and any Person
BO enlisted or re-enlisted shall be deemed to be an attested
Soldier ; and as often as any Corps shall be relieved or disbanded
at any Station beyond the Seas it shall be lawful for any Officers
thereunto authorized by the Officer commanding in chief at such
Station to receive as Transfers as many of the Soldiers belonging
to the Corps leaving the Station as shall be willing and lit for
Service for any Corps appointed to remain ; and every Soldier so-
transferred is hereby deemed to be discharged from his former
Corps, and an attested Certificate of Transfer shall be delivered
to the Soldier ; and every Infantry Soldier consenting to be trans-
ferred to the Cavalry or Artillery shall upon such Transfer become
liable to serve the limited Period prescribed for the Cavalry or
Artillery, as the Case may bo, notwithstanding his original
Engagement to serve in the Infantry for a shorter Period.

LXI. Any Person duly bound as an Apprentice in Great Britain
or Ireland, or as an indentured Labourer in any of Her Majesty's
Colonies or Possessions abroad, who shall enlist as a Soldier in
Her Majesty's or the East India Company's Service, and shall
state to the Magistrate before whom he shall be carried and
attested that he is not an Apprentice or indentured Labourer as
aforesaid, shall be deemed guilty of obtaining Money under false
Pretences within the true Intent and Meaning of the before-recited
Acts, if in England or in Ireland, or in the Colonies or Posses-
sions aforesaid, and of Falsehood, Fraud, and wilful Imposition^
if in Scotland, and shall after the Expiration of his Apprentice-
ship, or of his Indenture as a Labourer, whether he shall have
been so convicted and punisl\ed or not, be liable to serve as a
Soldier in any of Her Mtgesty's Regular Forces, or in the Forces
of the East India Company, according to the Terms of the Enlist-

ment.

A.D.1854. 17* & 18» VICTORIiE. C.4. 17

ment, and if on the Expiration of his Apprenticeship, or of his
Indenture as a Labourer, he shall not deliver himself up to some
Officer authorized to receive Recruits, may be taken as a Deserter
from Her Majesty's Forces.

LXn. No Master shall be entitled to claim an Apprentice or Claims of
an indentured Labourer as aforesaid who shall enlist as a Soldier Masters to
in Her Majesty's or the East India Company's Service, unless he -^PP^^ticcs,
shall, within One Calendar Month after such Apprentice or inden-
tured Labourer shall have left his Service, go before some Justice,
and take the Oath mentioned in the Schedule to. this Act annexed,
and produce the Certificate of such Justice of his having taken
such Oath, which Certificate such Justice is required to give in
the Form in the Schedule to this Act annexed, and unless such
Apprentice shall hare been bound, if in England^ for thcf full
Term of Seven Yearsy not having been above the Age of Fourteen
when so bound, and if in Ireland or in the British Isles^ for the
full Term of Five Years at the least<, not having been above the
Age of Sixteen when so bound, and if in Scotland for the fulP
Term at least of Four Years, by a regular Contract or Indenture
of Apprenticeship, duly extended, signed, and tested, and binding
on both Parties by the Law of Scotland, prior to the Period of
Enlistment, and unless such Contract or Indenture in Scotland
shall, within Three Months after the Commencement of the Appren-
dceship, and before the Period of Enlistment, have been produced
to a Justice of the Peace of the County in Scotland wherein the
Parties reside, and there shall have been endorsed thereon by
such Justice a Certificate or Declaration signed by him, specifying
the Date when and the Person by whom such Contract or Inden-
tare shall have been so produced, which Certificate or Declara-
tion such Justice of the Peace is hereby required to endorse and
sign, and unless such Apprentice shall, when claimed by such
lister, be under Twenty-one Years of Age : Provided always,
that any Master of an Apprentice indentured for the Sea Service,
ofT of any indentured Labourer in Her Majesty's Colonies or Pos-
sessions abroad, shall be entitled to claim and recover him in the
Form and Manncr*above directed, notwithstanding such Appren-
tice or indentured Labourer may have been bound for a less Term
than Seven, Five, or Four Years as aforesaid : Provided also, that
any Master who shall give up the Indentures of his Apprentice or
of his Labourer as aforesaid within One Month after the enlisting
of such Apprentice . or indentured Labourer shall be entitled to
receive to his own Use so much of the Bounty payable to such
Becruit, after deducting therefrom Two Guineas to provide him
with Necessaries, as shall not have been paid to such Recruit
before Notice given of his being an Apprentice or an indentured
Labooren

LXIU. No Apprentice or indentured Labourer as aforesaid PaDisbincnt of
claimed by his Master shall be taken from any Corps or Recruiting Apprentices
Pkrty but under a Warrant of a Justice residing near, and within «°l»^fr
whose Jurisdiction such Apprentice or indentured Labourer shall
then happen to be» before whom he shall be carried ; and such
Justice shall inquire into the Matter upon Oath, which Oath he is
hereby empowered to administer, and shall require the Production
and l^-oof of the Indenture, and that Notice of the said Warrant
. 17 * 18 Vict. C has

18

G4.

17^ & 18» VICTORIiE.

A.D.1864-

Sapply of Car-
riages in Cases
of Emergency.

has beea given to the Commanding Officer, and a Copy thereof
left with some Officer or Non-conmiissioned Officer of the Party,
and that such Person so enlisted declared that he was no Appren-
tice or indentured Labourer ; and such Justice, if requii-ed by such
Officer or Non-commissioned Officer, shall commit the Offiander to
the Common Gaol of the said Place, and shall keep the Indenture
to be produced when required, and shall bind over such Person as
he may think proper to give Evidence against the Offender, who
shall be tried at the next or at the Sessions immediately succeeding
the next General or Quarter Sessions of the County, Division,
or Place, unless the Court shall on just Cause put off the Trial ;
and the Production of the Indenture, with the Certificate of the
Justices that the same was proved, shall be sufficient Evidence of
the «aid Indenture ; and every such Offender, in Scotland, may
be tried by the Judge Ordinary in the County or Stewartry, in
such and the like Manner as any Person may be tried in Scodand
for any Offence not inferring a Capital Punishment : Provided
Always, that any Justice not required as aforesaid to commit such
Apprentice or indentured Labourer may deliver him to his
Master.

LXXV. It shall be lawful for Her Msgesty, or the Lord lieu-
tenant or Chief Governors of Ireland by Her or their Order, dis-
tinctly stating that a Case of Emergency doth exist, signified by
the Secretary-at-War, or if in Ireland by the Chief Secretary or
Under Secretary, or the First Clerk in the Military Department,
to authorize any General or Field Officer commanding Her
Majesty's Forces in any District or Place, or to the Chief Acting
Agent for the Supply of Stores and Provisions, by Writing under
his Hand reciting such Order of Her Majesty or Lord Lieutenant
or Chief Governor aforesaid, to require all Justices within their
several Jurisdictions in England and Ireland to issue their War-
rants for the Provision, not only of Waggons, Wains, Carts, and
Cars kept by or belonging to any Person and for any Use what-
soever, but also of Saddle Horses, Coaches, Postchaises, Chaiaesy
and other Four-wheeled Carriages, kept for Hire, and of all
Horses kept to draw Carriages licensed to carry Passengers, and
also of Boats, Barges, and other Vessels used for the Transport
of any Commodities whatsoever upon any Canal or navigable
River, as shall be mentioned in the said Warrants, therein speci-
fying the Place and Distance to which such Carriages or YesseU
shall go ; and on the Production of such Requisition, or a Copy
thereof certified by the Commanding Officer, to such Justice, by
any Officer of the Corps ordered to bd conveyed, or by any Officer
of the Commissariat or Ordnance Department, such Justice shall
take all the same Proceedings in regard to such additional Supply
so required on the said Emergency as he is by this Act required
to take for the ordinary Provision of Carriages ; and all Provisions
whatsoever of this Act, as regards the procuring of the ordinary
Supply of Carriages, and the Duties of Officers and Non-commia-
sioned Officers, Justices, Constables, and Owners of Carriages in
that Behalf shall be to all Intents and Purposes applicable for the
providing and Payment, according to the Rates of Posting or of
Hire usually paid for such other Descjiption of Carriages or
Vessels so required on Emergency, according to the Length of the,

. . Jooiney

A.D.1854. 17^ & 18*» VICTORIA C.4. 19

Joarnej or Yojage in each Case, but making no Allowance for
Post Horse Datj, or Turnpike, Canal, River, or Lock Tolls, which
Duty or Tolls are hereby declared not to be demandable for such
Carriages and Vessels while employed in such Service or returning
therefrom ; and it shall be lawful to convey thereon, not only the
Baggage, Provisions, and Military Stores of such Regiment or
BBtachment, but also the Officers, Soldiers, Servants, Women,
Children, and other Persons of and belonging to the same.

LXXVIII. All Her Majesty's Officers and Soldiers, being in Tolls,
proper Staff or Regimental or Military Uniform, Dress or Undress,
and their Horses, (but not when passing in any hired or private
Vehicle,) and all Recruits, marching by Route, and all Prisoners ^
under Military £scort, and all . enrolled Pensioners in Uniform '
when called out for Training or in aid of the Civil Power, and
all Carriages and Horses belonging to Her Majesty or employed
in Her Service under the Provisions of this Act, or in any of
Her Majesty's Colonies, when conveying Persons or Baggage
going thereto or returning therefrom, shall be exempted from
Payment of any Duties and Tolls on embarking or disembarking
from or opon any Pier, Wbari^ Quay, or I^inding Place, or
passing Turnpike or other Roads or Bridges, otherwise demand-
able by virtue of any Act already passed or hereafter to be passed,
or by virtue of any Act or Ordinance, Order or Direction of any
Colonial Legislature or other Authority in any of Her Majesty's
Colonics; provided that nothing herein contained shall exempt
any Boats, Barges, or other Vessels employed in conveying the
said P^sons, Horses, Baggage, or Stores along any Canal from
Payment of Tolls, in like Manner as other Boats, Barges, and
Vesseb ai-e liable thereto, except when employed in Cases of
Emergency as herein-before enacted.

CIV. This Act shall be and continue in force within Great Duration of
Britain from the Twenty-fifth Day of April One thousand eight this Act
hundred and fifty-ibur inclusive until the Twenty -fifth Day of
AprUOoA thousand eight hundred and fifty-five; and shaU be
and continoe in force within Ireland^ and m Jersey^ Guernsey^
Aldemofy Sark^ and Ide of Man, and the Islands thereto belong-
ing, from the First Day of May One thousand eight hundred and
fii^-four inclusive until the First Day of May One thousand
eight hundred and fifty-five ; and shall be and continue in force
within the Grarrison of Gibraltar^ the Mediterranean^ and in Spain
and P&rtugaly from the First Day of August One thousand eight
hundred and fifty-four inclusive until the First Day of August
One thousand eight hundred and fifty-five ; and shall be and con-
tinue in force in all other Parts of Europe where Her Majesty's
Forces may be serving, and in the West Indies and Americay from
the First Vaj of September One thousand eight hundred and fifty-
four inclusive to the First Day of September One thousand eight
hundred and fifty-five ; and shall be and continue in force within
the Cape of Good Hope^ the IsU of France or Mauritius and its
Dependencies, Scant Hdenoy and the Settlements on the Western
Coast of Africa^ from the First Day of January One thousand
eight hundred and fifty-five inclusive until the First Day of
Jamtary One thousand eight hundred and fifty-six ; and shall be

C 2 aiid

20 CA. 17^ & 18« VICTORIJE. A,D. 1854.

and continue in force in all other Places from tbe First Day of
February One thousand eight hundred and fifty-six inclusive until
the First Day of February One thousand eight hundred and fifty-
seven : Provided always, that this Act shall, from and after the
Receipt and Promulgation thereof in Greneral Orders in any Part
of Her Majesty's Dominions or elsewhere beyond the Seas, be-
come and be in full Force, anything herein stated to the con-
trary notwithstanding.

SCHEDULE referred to by the foregoing Act
Questions to be put separately by the Justice to a Recruit on

ENLISTING.

^Q^€Stions 1 to 11 and 13 to 15 inclusive remain unaltered from
16 4- 17 Vict. c. 10.]

12. Do you now belong to the Militia^ or to the Naval Coast
Volunteers ?

^ofe, — The Justice is directed in putting the Twelfth Question
to the Recruit) and before he receives his Answer, dis-
tinctly to apprize the Recruit that if ho belongs to the
Militia, and denies the Fact, he is liable to forfeit One
Penny a Day of his Pay for Eighteen Months if attested,
and to Fourteen Days Imprisonment if he is not attested,
and if ho belong to the Naval Coast Volunteers he is
liable under the Act 16 and 17 Victoria c. 73. to Impri-
sonment for Six Months, and his Enlistment will be null
and void.

Form of Oath to be taken by a Master whose indentured
Labourer in any of Her Majesty's Colonies or Possessions
has absconded.

T of do make Oath, That

was bound to me to serve as an indentured
Labourer by Indenture dated the Day of

for the Term of Years, and that the said

did on or about the Day of abscond and

quit my Service without my Consent.
Witness, Sfc. [a* for Apprentice."]

Form of Justice's Certificate to be given to the Master of an
indentured Labourer.

\ T . One of Her Majesty's Justices of the

to wit J* Peace of certify, That of

came before me at the

Day of and made Oftth that was

boiipd to serve as an indentured Labourer to him by Indenture
dated the Day of for the Term

of Years, and that the said indentured Labourer

did on or about the Day of abscond

and quit the Service of the said without his Consent.

CAP.

A.D.1854. 17^ & 18« VICTORIiE* . 0.5. 21

CAP. V.

An Act to admit Foreign Ships to the Coasting Trade.

[23d March 1854.]

* "Il^HEREAS by the One hundred and fifty-second Section of Recital of

' ^* the Customs Consolidation Act, 1853, it is enacted, that 16 & 17 Vict.
' no Goods or Passengers shall be carried Coastwise from one Part ^ ^^7. as. 162.

* of the United Kingdom to another, except in British Ships : And * *^*'
' whereas by the One hundred and ninety-first Section of the same

' Act it is enacted, that no Goods or Passengers shall be imported
' into the United Kingdom from the Channel Islands or exported
' from the United Kingdom to the said Islands, or carried from

* one of the said Islands to another, or from one Part of any of

* the said Islands to another Part thereof, except in British Ships:
' And whereas it is expedient to remove the Restrictions contained

* in the said recited Enactments :' Be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

I. The Enactments herein-before recited, that is to say, the Repeal of the
One hundred and fifty-second and the One hundred and ninety- recited Bnact-
first Sections of the said Customs Consolidation Act, 1853, shall m^i^ts. .
be repealed from the passing of this Act : Provided, that it shall ^f,^***^ *?"
be lawful for Her Majesty to exercise, in respect of Foreign Ships JetaUatOTT*"^**^
employed in the Coasting Trade as aforesaid, and of Goods carried Powers aa in
Coastwise in such Ships, such or the like Powers as are conferred 16 & 17 Vict
on Her Majesty by the Three hundred and twenty-fourth. Three c. 107. as. 824,
hundred and twenty-fifth, and Three hundred and twenty-sixth ^2*» * ®2^*
Sections of the said Customs Consolidation Act, 1853,. in respect
of Foreign Ships employed in the Oversea Trade, and of Goods
exported or imported in such Ships.

XI. Every Foreign Ship which after the passing of this Act Foreign Ships
IB employed in carrying Goods or Passengers Coastwise from one in the Coasting
Part of the United Kingdom to another, or from the Islands of T™de to be
Guernsey, Jersey, Alderney, Sark, or Man, to the United King- ^f5^^„ ^
dom, or from the United Kingdom to any of the said Islands, or British Ships.
from any of the said Islands to any other of them, or from any
Part of any one of the said Islands to any other Part of the same,
shall be subject, as to Stores for the Use of the Crew, and in all
other respects, to the same Laws, Rules, and Regulations to which
British Ships when so employed are now subject.

in. No Foreign Ship which after the passing of this Act is Foreign Ships
employed in the Coasting Trade as aforesaid, nor any Goods employed in
carried in any such Ship, shall, during the Time such Ship is 5*9*^®*^^
so employed, be subject to any higher or other Rate of Dock, ^^^^J^
Pier, Harbour, Light, Pilotage, Tonnage, or other Dues, Duties, higher Bates
Tolls, Rates, or other Charges whatsoever, or to any other Rules than British
as to the Employment of Pilots, or any other Rules or Restrictions Ships.
whatsoever, than British Ships employed in like Manner, or
Goods carried in such Ships, any Law, Charter, special Privi-
lege, or Grant to the contrary notwithstanding ; nor shall any
Body Corporate or Person having or claiming any Right or Title

C 3 to

32

C.6,6.

IT^&W VICTORIiE.

A.D.1854.

Foreign Steam
Yessdt carry*
ing Paaaengeri
Coaitwiaeto
be aajbgect to
ProTisionsof
14 & 15 Tict
c. 79.

Fresident of
ConrtpiiiartiaL

and

Witnesaea.

to any such higher or other Bates, Dues, Duties, Tolls, or other
Charges as aforesaid be entitled to any Compensation in respect
thereof under any Law or Statute relating thereto, or otherwise
howsoever.

IV. * And whereas it is expedient to provide for the Safety of
' Passenger Steamers :* Be it enacted, That every Foreign Steam
Vessel carrying Passengers from one Place to another on the
Coasts of the United Kingdom of Ch-eai Britain and Ireland and
the Channel Islands shall be subject to the Pi-ovisions of the
Steam Navigation Act, 1851.

C A P. VL

An Act for the Begolation of Her Majesty's Royal Marine
Forces while on shore. [23d March 1864-2

[T^ir Act is the same^ except as to Dates and the Parts here
inserted, as IS 8f 11 Vict e. 10.]

XV. The President of every Court-martial shall be appointed
by the Authority convening such Courts, and shall in no Case
be the confirming Officer, or the Officer whose Duty it has been
to investigate the Charges on which the Prisoner is to be arraigned,
nor, in the Case of a G-eneral Court-martial, under the Degree of
a Field Officer, unless where a Field Officer cannot be had, nor
in any Case whatsoever under the Degree of a Captain, save in
the Case of a Detachment General Court-martial holden out of
Her Majesty's Dominions, or of a Divisional or Detachment
Court-martial holden on the Line of March, or on board a Trans-
port Ship, Convict Ship, Merchant Vessel, or Troop Ship not in
Commission, or on any Foreign Station where a Captain cannot
be had : Provided always, that in the Case of a Detachment
General Court-martial holden out of Her Majesty's Dominions
the Officer convening such Court may be the President thereof.

XVll. All General and other Courts-martial shall have Power
and Authority and are hereby required to administer an Oath to
every Witness or other Person who shall be examined before
such Coart in any Matter relating to any Proceeding before the
same ; and every Person, as well Civil as Military, who may be
required to give or produce Evidence before a Court-martial, shall,
in the Case of General Courts-martial, be summoned by the Judge
Advocate, or the Person officiating as such, and in the Case of all
other Courts-martial by the President of the Court ; and all Per-
sons so summoned and attending as Witnesses before any Court-
martial shall, during their necessary Attendance in or on such
Courts, and in going to and returning from the same, be privi-
leged from Arrest, and shall, if unduly arrested, be discharged
by the Court out of which the* Writ or Process issued by wluch
such Witness was arrested, or if such Court be not sitting, then
by any Judge of the Superior Courts of Westminster or DubUn,
or of the Court of Session in Scotlandj or of the Courts of Law
in the East or West Indies, or elsewhere, according as the Case
shall require, upon its being made to appear to such Court or
Judge by any Affidavit in a summary Way that such Witness
was arrested in going to, attending upon, or returning from or

attending

A.D.1854. 17« & 18^ VICTORLE. 0.6. n

atten^ng upon such Coart-martial ; and all Witnesses so duly
sammoned u aforesaid who shall not attend on such Courts, of
attending shall refuse to he sworn, or not produce the Documents
being under their Power or Control required to he produced by
theniy or, heing sworn, shall refuse to give Evidence or to answer
an sodi Questions as the Court may legally demand of them,
afaafl he liable to he attached in the Court of Queen's Bench in
Lomdan or DubUfh or in the Court of Session, or Sheriff Depute
or Stewarts Depute or their respective Substitutes within their
aeveral Shires and Stewartries, in Scotland^ or in the Courts of
Law in the East or fFe$t Indies^ or in any of Her Majesty's
Colcmies, Garrisons, or Dominions in Europe or elsewhere, re-
spectively, upon Complaint made, in like Manner as if such
Witness had, after being duly summoned or subpoenaed, neglected
to attend on a Trial in any Proceeding in the Court in which
aoch Complaint shall he made : Provided always, that nothing in
liiia Act contained shall be construed to render an Oath neces-
sary in any Case where by Law a solemn Affirmation may be
made instead thereof.

XVm. After a Prisoner has been found guilty of any Charge Fkyioiu Can*
or Charges the Court before which any such Prisoner shall have victions to be
been tried may, before passing Sentence on such Prisomer, and for P^* ^ ^'^*
tiie Purpose only of affixing Punishment, receive in Evidence ^'***"
aoinst him any previous Convictions by Courts-martial ; and in
UKB Manner and for the like Purpose the Court shall receive in
Evidence any previous Conviction of such Prisoner by a Court of
ordinary Criminal Jurisdiction, where the Offence charged in the
Indictment was of a felonious, fraudulent, or unnatural Nature ;
and in the Case of Convictions by Courts-martial, duly confirmed,
Ae Court-martial Book or the Divisional or Company's Defaulters
Book, and when none of those Books can conveniently be pro-
dnced, a Certificate, which shall purport to contain a Copy of the
£ntry of such Convictions in such Books or any of them, and
wMch shall be signed by the Adjutant or other Officer having the
Custody of the (5)urt-martial Book or of the Defaulters Book of
the Division or Company to which the Prisoner belongs, shall be
aoficient Evidence of such Conviction ; and it shall not be neces-
aary to prove the Signature or official Character of the Person
appearing to have signed such Certificate, nor, if the Court be
satisfied from all the Circumstances of the Case that the Prisoner
under Trial is the Person mentioned in any such Certificate, shall
it he necessary to give other Proofs of the Identity of the Person
of Ae Offender ; and in the Case of a Conviction by a Court of
ordinary Criminal Jurisdiction, any Certificate transmitted as
lierein provided to the Officer commanding by the Clerk of any
such Court or other Officer having Custody of the Records of
soeh Courts, or the Deputy of such Clerk, containing the Sub-
stance and Effect of any Indictment, omitting the formal Part,
together with the Judgment of the Court thereon, and purporting
to he signed by such Clerk or other Officer, or by the Deputy
of such &erk, or if such Certificate cannot conveniently be ob-
tained, a Copy thereof duly certified by the Officer producing it,
shall be sufficient Evidence of such last-mentioned Conviction i
and it shall not he necessary to prove the Signature or official

Q 4 Character

24 C.6. 17" & 18« VICTORIiE. A.D.1854.

Character of the Person appearing to have signed such last-
mentioned CertiAcate, nor, if the Court be satisfied from all the
Circumstances of the Case that the Prisoner under Trial is the
Person mentioned in such Certificate, shall it be necessary to give
other Proofs of the Identity of the Person of the Offender : Pro-
vided always, that before any such Evidence shall be received it
shall be proved to the Satisfaction of the Court that the said
Prisoner had previously to his Trial received Notice of the Inten-
tion to produce such Evidence against him ; and provided also,
that the Court shall in no Case award to him any other Punish-
ment or Punishments than may by this Act and by the Articles
of War be awarded for the Offence of which he shall have been
so found guilty.
Crimes punish- XXI. If any Person who is or shall be conmiissioned or in
able with Pay as an Officer of Royal Marines^ or who is or shall be listed

^^*^ or in Pay as a Non-commissioned Officer, Drummer, or Private

Man in Her Majesty's Royal Marine Forces, shall at any Time
during the Continuance of this Act, while on shore in any Place
within the said Kingdom, or in any other of Her Majesty's Do-
minions, or in any Foreign Parts out of such Dominions, or on
board any Transport Ship, or Merchant Ship or Vessel, or any
Ship or Vessel of Her Majesty, or on board any Convict Hulk or
Ship, or any other Ship or Vessel, or in any Place whatever,
where or while being in any Circumstances in which he shall not
be subject to, or not be liable to or punishable by, the Laws re^
lating to the Government of Her Majesty's Forces by Sea, begin,
excite, cause, or join in any Mutiny or Sedition in Her Majesty's
Marine or other Forces, or shall not use his utmost Endeavours
to suppress any such Mutiny or Sedition, or coming to the Know-
ledge of any Mutiny or intended Mutiny shall not without Delay
give Information thereof to his Commanding Officer; or shidl
misbehave himself before the Enemy ; or shall shamefully abandon
or deliver up any Garrison, Fortress, Post, or Guard committed
to his Charge, or which he shall have been commanded to defend ;
or shall compel the Governor or Commanding Officer of any
Garrison, Fortress, or Post to deliver up to the Enemy or to
abandon the same ; or shall speak Words or use any other Means
to induce such Governor or Commanding Officer or any other to
misbehave before the Enemy, or shamefully to abandon or deliver
up any Garrison, Fortress, Post, or Guard committed to theii-
respective Charge, or which he or they shall be commanded to
defend ; or shall leave his Post before being regularly relieved,
or shall be found sleeping on his Post; or shall hold Corres*
pondence with or give Advice or Intelligence to any Rebel, Pirate,
or Enemy of Her Majesty, either by Letters, Messages, Signs,
Tokens, or any other Ways or Means whatever ; or shall treat
or enter into any Terms with any such Rebel, Pirate, or Enemy,
without the Licence of the Lord High Admiral of the said United
Kingdom, or the Commissioners for executing the Office of Lord
High Admiral aforesaid, for the Time being ; or shall strike or
use or offer any Violence against his Superior Officer being in
the Execution of his Office, or shall disobey any lawful Command
of his Superior Officer; or who being confined in a Military
Prison shall offer any Violence against a Visitor or other Officer

being

A.D.18S4. 17* & 18* VICTOBIJE. C.6. 25

being in the Execution of his Office, or shall violate any Law or
Regulation of or relating to any Military Prison ; or shall desert
Her Mi^esfty's Service ; every Person so offending in any of the
Matters before menlioned shall suffer Death or such other Punish-
ment as by a Court-martial shall be awarded : Provided always,
diat any Non-commissioned Officer or Marine enlisted or in Pay
in any Division or Company who shall, without having first ob-
tained a regular Discharge therefrom, enlist himself in any other
DiTision or Company, may be deemed to have deserted Her
Majesty's Service, and shall be liable to be punished accordingly.

XXIII. Whensoever any General Court-martial by which any CommiiCatioQ
Marine shall have been tried and convicted of any Offence of Death for
poniahable with Death shall not think the Offence deserving of Tranaportation.
Capital Puoidmient, such Court-martial may adjudge the Offender,
according to the Decree of the Offence, to Penal Servitude or to

be transported as a Felon for Life or for a certain Term of Years
not less than Fourteen Years, or may sentence him to general
Service as a Marino or as a Soldier in any Corps and in any
Country or Place which Her Majesty shall thereupon direct, or
majy if such Offender shall have enlisted for a limited Term of
Years, sentence him to serve for Life as a Marine or as a Soldier
in any Corps which Her Majesty shall please to direct : Provided
always, that in all Cases where a Capital Punishment shall have
been awarded by a General Court-martial or by a Detachment
Greneral Court-martial it shall be lawful for Her Majesty, or, if
in the Eiui IndieSj for the Officer commanding in chief the Forces
in India^ or if out of Her Majesty's Dominions (the Ionian Islands
excepted) for the Officer commanding in chief Her Majesty's
Forces there serving, instead of causing such Sentence to be
carried into execution, to order the Offender to be kept to Penal
Servitude or to be transported as a Felon either for Life or for
a certain Term of Years not less than Fourteen, or to Penal
Servitude or to suffer such Term of Imprisonment^ either with
or without Hard Labour, as shall seem meet to Her Majesty, or, if
in the East Indies, or out of Her Majesty's Dominions (the Ionian
Islands excepted), to the Officers commanding as aforesaid.

XXIV. Every Officer and other Person employed in any Embeszlement
Manner in the Care or Distribution of any Money, Provisions, punishable by
Forage, or Stores belonging to Her Majesty's Royal Marine Forces Transportation.-
or for their Use, who shall embezzle or fraudulently misapply,

wilfully damage, steal, or be concerned in or connive at the
Embezzlement, fraudulent Misapplication, wilful Damage, or
Theft of any Money, Provisions, Forage, Arms, Clothing, Ammu-
nition, or other Military or Royal Marine Stores, may bo tried
for the same by a General Court-martial, which may adjudge any ^
such Offender to Penal Servitude or to be transported as a Felon
for lAfej or for any certain Term of Years not less than Four-
teen, or to suffer such Punishment of Fine, Imprisonment, Dis-
missal from Her Majesty's Service, and Incapacity of serving
Her Majesty in any Office, Civil or Military, as such Court shall
think fit, according to the Natui^e and Degree of the Offence ; and
every such Offender shall, in addition to any other Punishment,
make good at his own Expense the Loss and Damage sustained,
which shall have been ascertained by such Court-martial ; and

in

2« C.6, 17« & 18^ VICTORIJE. A.D.1864.

in everj such Case the Court is required to ascertain hy Evidence
the Amount of the Loss or Damage incurred, and to declare by
their Sentence that such Amount shall be made good by such
Offender ; and the Loss and Damage so ascertained as aforesaid
shall be a Debt to Her Majesty, and may be recovered in any of
Her Majesty's Courts at Westminster or in DubUn^ or the Court
of Exchequer in Scotlandj or in any Court in Her Majesty's
Colonies where the Person sentenced by such Court-martial shall
be resident after the said Judgment shall be confirmed and made
known ; and every Commissioned Officer sentenced to Penal Ser-
vitude or to be transported as a Felon, when such Sentence shall
be duly confirmed, shall thereupon cease to belong to Her Majes^s
Service, and for ever be incapable of serving Her Majesty in any
Military Capacity.
Transportatioii XXV. Whenever Her Majesty shall intend that any Sentence
of Offender!. of Penal Servitude or of Transportation heretofore or hereafter to
be passed upon any Offender by any Court-martial shall be carried
into execution for the Term specified in 'such Sentence, or for any
shorter Term, or shall be graciously pleased to commute, as herein
provided, any Sentence of Death which shall have been passed br
any such Court, such Sentence, together with Her Majesty^
Pleasure upon the same, shall be notified in Writing by the Lord
High Admiral, or by any Two or more of the Commissioners for
executing the said Office of Lord High Admiral for the l^me
being, to any Justice of the Queen's Bench, Common Pleas, or
Baron of the Exchequer, and thereupon such Justice or Baron
shall make an Order for the Pbnal Servitude or Transportation of
such Offender upon the Terms and for the Time which shall be
specified in such Notification, and shall also do all such other Acts
consequent upon such Notification as any such Justice or Baron
is authorized to make or do by any Statute or Statutes in force at
the Time of making any such Ch'ders in relation to the Penal
Servitude or Transportation of Offenders ; and such Order, and
other Acts to be so made and done as aforesaid, shall be obeyed
. and executed by such Person in whose Custody such Offender
shall at that Time be, and by all other Persons whom it may
concern, and shall be as effectual, and have all the same Conse-
quences, as any Order made under the Authority of any Statute
with respect to any Offender in such Statute mentioned; and
every Sheriff, Craoler, Keeper, Governor, or Superintendent whom
it may concern, and all Constables and other Persons, shall be
bound to obey the aforesaid Order and Orders, be assistant in the
Execution thereof, and be liable to the same Punishment for Dis-
obedience or interrupting the Execution of such Order, as thej
• would be if the same had been made under the Authority of any
such Act of Parliament ; and every Person so ordered to PeniJ
Servitude or to be transported as aforesaid shall be subject re-
spectively to all and every the Penalties and Provisions made bj
Law and in force concerning Persons convicted of any Crime and
sentenced to Penal Servitude or to be transported, or receiving
Her Majesty's Pardon on Condition of Penal Servitude or Trans-
portation ; and from the Time when such Order of Penal Servitude
or Transportation shall be made every Law and Statute in force
touching the Escape of Felons, or their afterwards returning or

their

A.D.1854. 17* & 18*> VICTOBIiE. C.6. J7

dieir being at large without Leave, shall applj to such Offender,
and to all Persons aiding, abetting, contriving, or assisting in any
Escape or intended Escape, or the returning without I^ave, of
any such Offender ; and the Judge who shall make any Order of
Fnsal Servitude or Transportation as aforesaid shall direct the
Notification of Her Majesty's Pleasure, and his own Order made
thereupon, to be filed and kept of Record in the Office of the Clerk
of the Crown of the Court of Queen's Bench ; and the said Clerk
shall have a Fee of Two Shillings and Sixpence only for filing
the same, and shall, on Application, d^ver a Certificate in Writing
(not taking more than Two Shillings and Sixpence for the same)
to such Ofiender, or to any Person applying in his or Her Majesty's
Behalf showing the Christian and Surname of such Offender, Ids
Qfl!aDoe^ the Place where the Court was held before which he was
convicted, the Sentence, and the Conditions on which the Older
of Penal Servitude or Transportation was given ; which Certifi-*
cate shall be sufficient Proof of the Convicti<m and of the Sen*
tenoe of such Offender, and also of the Terms in which such
Order for his Penal Servitude or Transportation was given, in
any Court and in any Proceeding wherein it may be necessary to
inquire into the same.

XXYL Whenev^ any Sentence of Penal Servitude or Trans- In the Colonies.
portati(Mi heretofore or hereafter passed upon any Offender by any
Court-martial holden in the JEtui Indies^ or in any Part of Her
Majesty's Foreign Dominions, or elsewhere beyond the Seas, is to
be carried into execution for the Term specified in such Sentence,
or for any shorter Term, or when Sentence of Death has been or
shall as i^oresaid be commuted to Penal Servitude or Transporta-
tion, the same shall be notified by the Officer commanding Her
MigeBty's Forces at the Presidency or Station where the Offender
may come or be to some Judge of One of the Supreme Courts of
Judicature in the Eiui Indtesy or Chief Justice or some other
Judge, as the Case may be, in any Part of Her Majesty's Foreign
Dominioiis, who shall make Order for the Penal Servitude or
Transportation or intermediate Custody of such Offender in like
Manner as for the Penal Servitude or Transportation or inter-
mediate Custody of any other Convict ; and upon any such Order
being made it shall be duly notified to the Governor of the Presi-
dency if in the East Indies^ or to the Governor of the Colony if
in any of Her Majesty's Colonies, or to the Person who shall for
the Time being be^ exercising the Office of Grovemor of such
Presidency or Colony, who on Receipt of such Notification shall
cause such Offender to be removed to some Colony or Place in
obedience to the Directions for the Removal of Convicts which
shall from Time to Time be transmitted from Her Majesty through
One of Her Principal Secretaries of State to such Presidency or
Colony ; and such Offender on being so removed shall undergo the
Sentence of Penal Servitude or "l^ansportation which has been
passed upon him in the Colony or Place to which he has been so
removed or sent, and whilst such Sentence shall remain in force
shall be liable to be there imprisoned and kept to Hard Labour,
and otherwise dealt with under such Sentence, in the same Manner
as if he had been sentenced to be imprisoned with Hard Labour
during the Term of his Penal Servitude or Transportation by the

Judgment

0.6.

17** & 18^ VICTORLZE.

A-D.1854.

Judgment of a Court of competent Jurisdiction in the Colony or
Place to which he has been so removed or sent : Provided alwajs,
that in any Case where a Sentence of Penal Servitude or Trans-
portation shall have been awarded by a General Court-martial or
Detachment General Court-martial, it shall be lawful for Her
Majesty, or, if in the East IndieSy for the Officer commanding in
chief the Forces in Indta, instead of causing such Sentence to be
carried into execution, to order that the Offender be imprisoned
for a Term not exceeding Two Years, either with or without
Hard Labour and Solitary Confinement not exceeding the Period
herein-after prescribed.

Convict after XXYH. When any Sentence of Death shall be commuted for

Sentence of Penal Servitude or Transportation, or when any Marine shall by
Transportation. Court-martial be adjudged to Penal Servitude or to be transported
a« authorized by this Act^ it shall be lawful for the Commanding
Officer of the Division to which such Marine shall have belonged
or may belong to cause him to be detained and conveyed to any
Gaol or Prison, there to remain in safe Custody until he shall be
removed therefrom by due Authority under an Order for his Penal
Servitude or Transportation to be made by some Justice of the
Queen's Bench or Common Pleas or Baron of the Exchequer as
aforesaid ; and that a Certificate of his Sentence, after the same
shall have been approved by the Lord High Admiral, or the Com-
missioners for executing the Office of Lord High Admiral, (such
Certificate to be signed by the Commanding Officer of the Division
from which he shall be sent,) shall be a sufficient Order, Requisition,
and Authority to the Grovemor, Keeper, or Superintendent of the
Gaol or Prison to receive and detain him : Provided always, that
in case of any such Offender being so conveyed to Gaol or Prison
the usual Allowance of Sixpence per Diem shall be made to the
Keeper of the Gaol or Prison for the Subsistence of such Offender
during his Detention therein, which Allowance shall be paid by
the Paymaster of the Division, upon Production to him, by the
said Governor, Keeper, or Superintendent, of a Declaration, to be
made by him before One of Her Majesty's Justices of the Peace
of such County, of the Number of Days during which the Offender
shall have been so detained and subsisted in such Gaol or Prison.

Power to com- XXX. In all Cases in which Corporal Punishment shall form
mate Corporal the whole or any Part of the Sentence awarded by any Court-
Punishment, martial, it shall be lawful for the Lord High Admiral of the United
Kingdom of Great Britain and Ireland, or the Commissioners for
executing the Office of Lord High Admiral of the United King-
dom of Great Britain and Irelarid, or for the Officer authorized to
confirm the Sentences of Courts-martial, to commute such Corporal
Punishment to Imprisonment, either solitary or with or without
Hard Labour, for any Period not exceeding Forty-two Days, or
to mitigate such Sentence, or instead of such Sentence to award
Imprisonment, either solitary or with or without Hard Labour,
for any Period not exceeding Twenty Days, and Corporal Punish-
ment, to be inflicted in the Prison, not exceeding Twenty-five
Lashes ; provided that such Commutation of Punishment to Solitary
Confinement shall in no Case exceed the Period herein-after pre-
scribed.

• XXXI. Any

A.I).l854. 17** & 18« VICTORIJiS- C.6. 29

XXXI. Anj General Court-martial maj, in addition to any Forfettare of
otber Punishment which it maj be competent to award, sentence ^7 *>^d Pen-
any Offender to Forfeiture of aU Advantage as to additional Pay, "**'* ^^^
Grood-conduct Pay, and to Pension on Discharge, which might ^^^
hare otherwise accrued from the Length of his former Service, or
to Forfeiture of such Advantage absolutely, whether it might
have accrued from past Service, or might accrue from future
Service, according to the Nature of the Case ; and any District
or Garrison Court-martial may also, in addition to any Sentence
which such Court may award, sentence any Offender to such
Forfeiture for Desertion, or for disgraceful Conduct^

In wilfully maiming or injuring himself or any other Marine,
whether at the Instance of such other Marine or not, or of
causing himself to be maimed or mutilated bv any other Per-
son, with Intent thereby to render himself or such other
Marine unfit for Service :
In wilfully doing any Act, or wilfully disobeying any Orders,
whether in Hospital or otherwise, thereby producing or aggra-
vating Disease or Infirmity, or delaying his Cure :
In malingering or feigning Disease :

In stealing or embezzling Government Property or Stores, or

in receiving the same knowing the same to have been stolen :

In stealing any Money or Goods the Property of a Comrade,

of a Marine Officer, or of any Marine Mess or Band, or in

receiving any such Money or Groods knowing the same to

have been stolen :

In making any false or fraudulent Accounts, Returns, Matters,

or Entries, or assisting or conniving at the same being made,

or producing the same as true, knowing the same to be false or

fraudulent :

In stealing or embezzling or fraudulently misappljing Public

Money intrusted to him :
Or in committing any other Offence of a felonious or fraudu-
lent Nature, to the Injunr of, or with Intent to injure, any
Person, Civil, Marine, or Military :
Or for any other disgraceful Conduct, being of a cruel, indecent,

or unnatural Kind.
XXXIL Every Marine who shall be found guilty by a Court- Forfeiture of
martial of Desertion, of wilfully maiming or injuring himself or 1^7 ^ ^^*
any otber Marine, whether at the Instance of such other Marine ^J^^ "
or not, or of causing himself to be maimed or mutilated by any p^jgny, '
other Person, with Intent thereby to render himself or such other
Marine unfit for Service, of tampering with his Eyes with Intent -
thereby to render himself unfit for Service, such Finding having
been confirmed, or of Felony in anv Court of ordinary Criminid
Jurisdiction in England or Ireland^ or of any Crime or Offence
in any Court of Criminal Judicature in any Part of the United
Kingdom, or in any Dominion, Territory, Colony, Settlement, or
Ishmd belonging to or occupied b^ Her Majesty out of the United
Kngdom, which would, if committ^ therein, amount to Felony,
shall thereupon forfeit all Advantage as to additional Pay, Good-
conduct Pay, and to Pension on Discharge, which might have
otherwise accrued from the Length of his former Service in ad-
dition to any Punishment which such Court may award.

XXXVIL When-

se

C-6.

17^&18« VICTORIA

A.D.1854L

Discharge iritfa
Ignominy.

Impriflonnient
of Ofienden
alreadj under
Sentence ibr
previons
Offence.

Tenn and Place
of Imprison-
ment

Trials for De-
sertion after
subsequent Re-

enlistment.

Offences con-
nected with
Enlistment.

XXXVIL Whenever any Marine shall have been convicted of
any such disgraceful Conduct herein-before described, or of Deser-
tion, and the Court in respect thereof shall have made the Forfeiture
of all Claim to Pension on Discharge a Part of the Sentence passed
on such Marine, such Court may further recommend that he be
discharged with Ignominy from Her Majesty's Service.

XL. Whenever Sentence shall be passed by a Court-martial on
an Offender already under Sentence of a Court-martial for any
Offence of which he has/been before convicted, it shall be lawful
for the Court to award Imprisonment for the Offence for which
he is under Trial» upon Conviction thereof, to commence at the
Expiration of the Imprisonment to which such Offender shall
have been previously sentenced ; and where such Offender shall
be already under Sentence, either of Imprisonment, of Penal
Servitude, or Transportation, the Court, if empowered to pass
Sentence of Penal Servitude or of Transportation, may award
such Sentence for the Offence for which he is under Trial to
commence at the Expiration of the Imprisonment or Penal Servi-
tude or Transportation to which such Offender shall have been
previously sentenced, although the aggregate of the Terms of Im-
prisonment, Penal Servitudci or Transportation respectively may
exceed the Term for which either of those Punishments would
be otherwise awarded

XLL Save as herein specially provided, every Term of Penal
Servitude, Transportation, or Imprisonment under the Sentence
of a Court-martial, whether original or revised, shall be reckoned
as commencing on the Day on which the original Sentence and
Proceeding shall have been signed by the President ; and the
Place of Imprisonment under the Sentences of Courts-martial
shall be appointed by the Court or the Lord High Admiral, or
the Commissioners for ezeenting the Office of Lord High Admiral,
or the Commanding Officer of the Division to which the Offender
belongs or is attadied, <« the Officer commanding the District,
Garrison, Island, or Colony.

XLIX. Every Marine shall be liable to be tried and punished
for Desertion from any Corps into which he may have unlawfully
enlisted, although he may of right belong to another Corps, and
be a Deserter therefrt>m ; and whether such Marine shall be tried
for deserting from the Corps to which he may of right belong, or
frt)m the &>rps into which he may have unlawnilly enlisted,
or for any other Desertion, every Desertion previous or subse-
quent to tiiat for which he may at the Time be taking his Trial
may, if duly stated in the Charges, be given in Evidence against
him on such TriaL

LXL If any Becruit shall receive the Enlisting Money frt>m
any Person employed in the Becruiting Service (knowing it to
be such), and shidl abscond or refuse to go before such Justice,
or shall thereafter absent himself from the Recruiting Party or
Person with whom he enlisted, and shall not voluntarily return
to go before some Justice within such Period of Ninety-six Hoars
as aforesaid, such Becruit sfiall be deemed to be enlisted and a
Private in Her Majesty's Boyal Marine Forces as fully to all
Intents and Purposes as if he had been duly attested, and may
be apprehended and punished as a Deserter, or for being absent

without

AJ)a854. , 17° & 18* VICTOBl^ C.6; sj

wiihont Leave, under any Articles of W&r made for the Punish-
ment of Mating and Desertion ; and such Becruit shall not be
diftchafged by any Justice of the Peace after the Expiration of
such Ninetj-six Hours as aforesaid, unless it shall be proved to
the Satis&ction of such Justice that the true Name and Resi-
dence a£ the Becruit were disclosed and known to the RecruitiDg
Partj, and that no Notice was given to the Recruit, or left at his
usual Place of Abode, of his having so enlisted, or that the trjie
Name and Residence of the Recruit were not taken down in
Writing : Provided always, that in every Case wherein any Re-
cruit shall have received Enlisting Money, and shall have ab-
sconded from the Party, so that it shall not be possible immediately
to apprehend and bring him before a Justice, the Officer or Non-
oommissioned Officer commanding the Party shall produce to the
Justice before whom the Recruit ought regularly to have been
brought for Attestation a Certificate of the Name and Place of
Residenoe of such Recruit ; and the Justice to whom such Cer-
tificate shall be produced shall, after satisfying ^himself that the
Becruit who had absconded cannot be found and apprehended,
transmit a Duplicate thereof to the Secretary of the Admiralty,
in order that, in the event of such Recruit being afterwards
apprehended and reported as a Deserter, the Facts of his having
received Enlisting Money, and having absconded after having been
enlisted, may be ascertained before he shall be finally adjudged to
be a Deserter ; and it shall be lawful for any Two Justices acting
for the Coonty, Division, District, or Place where any such Re-
cruit shall at any Time happen to be when any such Recruit
skall be brought, and shall be proved upon Oath before them to
have concealed his belonging or having belonged to any Regiment,
or to the Marines, Ordnance, or Navy, or the Forces of the JSasi
India Company, and discharged, or to have deserted therefrom,
or to have concealed his having been discharged on any prior
EnUstment, or to have wilfully concealed any Infirmity, or de-
signedly made any false Representation at or previously to the
Tune of receiving Enlisting Money or upon being attested, to
ai4Joc^ such Recruit, if in England, to be a Rogue and Vagabond,
au^ to sentence him to such Punishment as by any Law may be
inflicted on Rogues and Yagabondsi and to adjudge such Person,
if in Scotland or Irelandy to be imprisoned with Hard Labour in
any Prison or House of Correction for any Period not exceeding
Three Months ; and any Recruit who shall designedly make any
false Representation of any Particular contained in the Oaths and
Certificates in the Schedule to this Act annexed before the Justice
at the Time of his Attestation, and shall obtain any Enlisting
Money, or any Bounty for entering inio Her Majesty's Service,
or any other Money, shall be deemed guilty of obtaining Money
under false Pretences, within the true Litent and Meaning, if in
England, of an Act passed in the Session holden in the Seventh .
and Eighth Years of His Majesty King George the Fourth, in-
tituled An Act for consolidating and amending the Latos in 7 & 8 G. 4.
Evland rtlaiitfe to Larceny and other Offences connected there' 0. 29.
10M, and if in Irdand, of an Act passed in the Ninth Year of
the Reign of Hia Miyesty King George the Fourth, intituled An
Act for coumMdaOng and amending the Laws in Ireland relative 9 0. 4. c. 55.

to

32 0.6. 17*>& 18 -VICTORIA. A-I).1854.

to Larceny and other Offences connected therewiihy and such
Becruity if in Scotland, shall be deemed goiltj of Falsehood,
Fraud, and wilful Imposition ; and anj attested Recruit who
shall in any Fart of Her Majesty's Dominions or elsewhere have
committed any of the before-mentioned Offences regarding En-
listment may be summarily punished, or prosecuted, tried, and
convicted, for any such Offence, at any Time during the Continu*
ance of the Service for which he shall have enlisted, and in any
County or Place where he may happen to be when such summary
Proceeding or Prosecution shall be instituted ; and the Production
of the Oath in the Schedule to this Act annexed taken by the
Becruit on his Attestation, and the Certificate signed by the Jus-
tice before whom the Recruit was attested, certifying that the
Questions and Answers contained in the Attestation were in hid
Presence put to and given by such Recruit^ shall, in the Absence
of Proof to the contrary, be deemed and taken to be sufficient
Evidence of such Recruit having represented the several Par-
ticulars as in the Oath sworn by him ; and Proof by the Oath
of One or more credible Witnesses that the Person so prosecuted
hath voluntarily acknowledged that at the Time of his Enlistment
he belonged to the Militia, or to any Regiment in Her Majesty's
Service, or to Her Majesty's Navy or Marine or Ordnance, or to
the Forces of the East India Company, or that he designedly
made any false Representation of any Particular contained in the
said Oaths and Certificates or either of them before the Justice at
the Time of the Attestation of the Person being prosecuted, shall
be deemed and taken as Evidence of the Fact so by him acknow-
ledgedy without Production of any Roll or other Document to
prove the same ; and such Proof of such Acknowledgment shall
be certified to the Secretary of the Admiralty by the Justice
before whom such Proof shall have been given ; and any Man
having been enrolled as a Volunteer under the Act Fifteenth and
Sixteenth Victoria, Chapter Fifty, or any subsequent Acts, to
serve in the Militia, who at the Time of offering to enlist into
Her Majesty's Forces, Army, Ordnance, or Marines, or into the
Forces of the East India Company, or to enter into Her Migesty's
Navy, shaU deny that he is a Militia Man then actually enrolled
and engaged to serve in the Militia^ and who shall not have
completed his Engagement by Attestation or by being entered on
the Books of the Navy, shall upon Conviction thereof before any
One Justice of the Peace in the United Kingdom, either upon
the Oath of One Witness or upon his own Confession, be com-
mitted to the Common Gaol or House of Correction for any
Time not exceeding Fourteen Days ; and any Man enrolled as
aforesaid who may have denied or shall hereafter deny, or who
may have confessed or shall hereafter confess, to the Justice before
whom he shall have been or shall be attested for the Army,
Ordnance, or Marine Forces, or for the Forces of the East India
Company, or who may have denied or shall hereafter deny, or who
may have confessed or shall hereafter confess, on the Completion
• of his Engagement to enter the Navy, that he belongs to the
Militia, shall not be liable to Imprisonment for such Offence^
but shall, upon Conviction thereof before any One Justice of
the United kingdomy or before a Divisional or Naval Court of

Inqoicy

A.D.1854. 17" & 18^ VICTORIJE. C.6. 33

Inquiry, either upon his own Confession or upon the Oath of One
Witness, forfeit all Militia Bounty which would have become
payable to him during the Period of his belonging to Her
M^esty's Forces, Army, Ordnance, or Marines, or to the Forces
of the £aMi India Company, or to the Royal Navy, if he had not
therein enlisted or entered, and be subjected to a Stoppage of
One Peony a Day from his Pay for Eighteen Calendar Months,
to be applied as the Secretary of the Admiralty shall direct, or if
enrolled in the Militia as a balloted Man or a Substitute shall,
if oonyicted before any One Justice as aforesaid, be conunitted
to the Common Gaol or House of Correction, there to remain
without Bail or Mainprise for and during any Time not exceeding
Six Calendar Months, over and above any Penalty or Punishment
to which such Person so offending may be otherwise liable, and
sach Peraon, whether he shall have been enrolled as a Volunteer
or as a balloted Man or Substitute, shall from the Day on which
his Elngagement to serve in the Militia shall end be and serve as
a Marine of the Division of Her Majesty's Royal Marine Forces
into which he has so enlisted : Provided also, that every such
Person shall be liable to serve in Her Majesty's Royal Marine
Forces in which he has so enlisted during all the Time the Militia
to which he shall belong shall remain disembodied, or shall not be
called out for Training or Exercise, and shall during all such Time
be subject to all the Provisions of this Act, and be liable to be
apprehended and dealt with and punished as a Deserter from the
Marines if he shall neglect or refuse to join and serve therein.

LXXTTT. It shall be lawful for the Lord High Admiral, or the Proriding for
Commissioners for executing the Office of Lord High Admiral, Supply of Car-.
or the Lord lieutenant or Chief Governors of Ireland^ by their ^^&^ ^^
or his Orders distinctly stating that a Case of Emergency doth ^ ^"®* ^
exist, signified by the Secretary of the Admiralty, or, if in Ire- ^^^^i^^*
land, by the Chief Secretary or Under Secretary, or the First
Clerk in the Military Department to authorize any Commanding
Officer of Her Majesty's Royal Marine Forces in any District or
Place, or to the chief acting Agents for the Supply of Stores and
Provisions, by Writing under his Hand, reciting such Order of
the Lord High Admrnd, or the said Commissioners, or Lord
Lieutenant or Chief Governors aforesaid, to require fdl Justices
within their severalJurisdictions vi England and Ireland to issue
their Warrants for the Provision, not only of Waggons, Wains^.
Carts, and Cars kept by or belonging to any Person and for any
Use whatsoever, but also of Saddle Horses, Coaches, Postchaises,
Chaises, and other Four-wheeled Carriages kept for Hire, and of
all Horses kept to draw Carriages licensed to carry Passengers,
and also of Boats, Barges, and other Vessels used for the Trans-
port of any Commodities whatsoever upon any Canal or navigable
Biver as shall be mentioned in the said Warrants, therein specify-
ing the Place and Distance to which such Carriages or Vessels
shall go ; and on the Production of such Requisition, or a Copy
thereof certified by the Commanding Officer, to such Justice,
by any Officer of the Corps ordered to be conveyed, such Justice
shall take all the same Proceedings in regard to such additional
Supply so required on the said Emergency as he is by this Act
reqnirod to take for the ordinary Provision of Carriages ; and
17 & 18 Vicr. D an

34 C. 6. 1 7^ & 18 « VICTORIiE, A.D. 1854.

all Ftovisions whatsoever of this Act as regards the procaring
of the ordinary Supply of Carriages, and the Duties of Officers
and Non-commissioned Officers, Justices, Constables, and Owners
of Carriages in tiiat Behalf, shall be to all Intents and Purposes
applicable for the providing and Payment aecording to the Rates
of Posting or of Hire usually paid for such other Description of
Carriages or Vessels so required on Emergency, according to
the Length of the Journey or Voyage in each Case, but making
no Allowance for Post Horse Duty, or Turnpike, Canal, River^
or Lock Tolls, which Duty or Tolls ace hereby declared not to
be demandable for such Carriages and Vessels while employed
in such Service or returning therefrom ; and it shall be lawfol
to eonvey thereon not only the Baggage, Provioons, and Military
Stores of such Detadiment, but also ^e Officers^ Marines^ Sermnts,
Women, Children^ and other Persons of and belonging to the
same.

Exemption LXXVL All Officers and Marines, being in proper ITnifomty

from Tolls. Dress or Undress, and their Horses, (but not when passing in
any private or hired Vehicle,) and all Recruits, marching by
Route, and all Prisoners under I^litary Escort, and all Carrii^es
and Horses belonging to Her Majesty or employed in Her Service
under the Provisions of this Act^ or in any of Her Majesty's
Colonies, when employed in conveying Persons or Baggage goings
thereto or returning therefrom, shall be exempted from the Pay-
ment of any Duties and Tolls on embarking or disembarking
from or upon any Pier, Wharf, Quay, or Landing Place, or passing
Turnpike or other Roads or Bridges, otherwise demandable by
virtue of any Act already passed or hereafter to be passed, or
by virtue of any Act or Ordinance, Order, or Direction, of any
Colonial Legislature or other Authority in any of Her Majesty^
Colonies ; and if any Toll Collector shall demand or receive Toll
from any Marine Officer or Marine who shall be in proper Uni-
form, Dress or Undress, or for their Horses, and who by this Act
is exempted from Pa3rment thereof, or from any Recruits marching^
by Route, or from any Prisoners under Military Escort^ or for any
Carriages or Horses belonging to Her Majesty or employed in
Her Service under the Provisions of this Act, wh^i conveying"
Persons or Baggage, or returning therefrom, every such Collector
;shall for every such Offence be liable to a Penalty not exceeding-
Five Pounds ; providied that nothing herein contained shall exempt
any Boats, Barges, or other Vessels employed in convepng the
said Persons, Horses, Baggage, or l^res along any Canal from
Payment of Tolls in like Manner as other Boats, Barges, and
Vessels are liable thereto, except when employed in Cases of
Emergency as herein mentioned ; and that when any Officers or
Marines on Service shall have Occasion in the March by Route
to pass regular Ferries in Scoiiand, the Officer commanding shall
be at Hberty to pass over with his Marines as Plussengers^ PAjiiig^
for himself and each Marine One Half only of the ordinary Rsto
payable by Passengers, or he shall be at liberty to hire the Ferry
Boat for himself and his Pftrtj, debarring all others for that Time^
and shall in such Case pay only Half the ordinaiy Rate fat sodt
Boat.

JJCCBLJUj

A.D.1854. IV 8c 18*> VICTORIA- C. 6. 35

LXXXIL Any Person who shall detain, buy, or exchange, or Penalty for
otherwise receive from any Marine or Marine Deserter, or any purchasing
other Peraon* apoo any Account or Pretence whatsoever, or shall ^lothes, &c.
soUcii or entice any Marine, or shall be employed by any Marine, j^rf,^^
knowing him to be such, to sell any Arms, Aimnuiiition, Marine
Clothes, or Military Furniture, or any other Articles which, accord-
ing to the Custom of the Marine Corps, are generally deemed
Begimental or Divisional Necessaries, or any Provisions, Sheets^
or other Articles used in Barracks or provided under Barrack
Regulations, whether on shore or afloat, and whether the Marine
or Manne lleserter or other Person be or be not borne on the
Books of any One of Her Majesty's Ships, or be or be not embarked,
or who sliaU have in his or her Possession or Keeping any Arms,
AmnnHiition, Marine Clothes, or Military Sbmiture, or any other
Articles^ which, according to the Custom of the Marine Corps,
are generally deemed Regimental or Divisional Necessaries, or
any Provisions, Sheets, or other Articles used in Barracks or
piovided under Barrack Regulations^ and shall not give a satis-
factory Account how he or she came by the same, or shall change
or cause the Colour or Mark of any such Clothes, Appointments,
or Necessaries to be changed or defaced, shall forfeit for every
such Offence any Sum not exceeding Twenty Pounds, together
with Treble the Value of all or any of the several Articles of
which such Offender shall so become possessed ; and if any Person
havii^ been so convicted shall afterwards be guilty of any such
Offence, and shall be convicted thereof by One or more Justices
of the Peace, every such Offender shall for every such Offence
forfeit any Sum not exceeding Twenty Pounds but not less than
Eire Porads^ mad the Treble Value of all or any of the several
Artiekis of winch such Oflfender shall have so become possessed,
and shall, in addition to soeh Forfeiture, be committed to the
Common Gaol or House of Correction^ there to be imprisoned only,
or to be impmoned and kept to Hard Labour, for such Term not
excae^Bg Six Calendar Months as the convicting Justice or
JustiflBa shall think fit ; and. upon any Information against any
Bersoo for a^ Second or any subsequent Offence, a Copy of the
OmvictioB, certified by the proper Officer having the Care or.
Gnalody of such Conviction, or any Copy of the same proved to
be a troe Copy, diall he sufficient Evidence to prove a Convic-
tion fi)r tiie fonnffl* Offence; and if any crediUe Person shall
prave, ofD Oath before a Justice of the Peaoe or Person ezer-
ciung UIbb Authority aeeording to the Laws of that Part of Her
Majnty's Domiiiions in which the Offence shaHl be committed, a
raaimnahlf Cause to suapeet that any Person has in his or her Poa-
aeaaiaaa or on his or her Premises any Property of the Descriptiom
herai»-befare deaeribed, on or with respect to which any such
Qfiaoa shall huve been committed, the Justice may and he is
hflvefaj required to grant a Warrant to search for such Property
as ia tiie Case of stolen €roods ; and if upon Search any such
IVaperty shall be foiuid, the same shall and may be seised by the
Offieor diarged with the Exeeutioa of such Warranty who shall
bring tibe OflSsnder in whose Posseflsaon the aaaae shall be found
bifae audi Jvstiee^ to be dealt with according to Law.

D S SCHE-

36

C.6,7.

17°&18« VICTORIJE.

A.D.1854-

14 & 15 Vict
Cl6.

County Boadfl
Boards shall,
at First Meet-
ing after pass-
ing of this Act,
proceed to put
recited Act into
mention.

SCHEDULE referred to by this Act
Questions to be separately put by the Justice to a Beobuit.

[^Questions I to S inclusive^ and 10, 11, 13, 14, and 15 remain
unaltered from 16 Vict, c. 10.]

9. At what Place, on what Day, at what Hour of the Day, and
by whom, were you enlisted?

*12. Do you now belong to the Militia^ or to the Naval Coast
Volunteers ?

♦ The Justice is directed, in putting the Twelfth Question
to the Recruit, and before he receiyes his Answer,
distinctly to apprize the Recruit that if he belongs to
the Militia, ^jjd denies the Fact, he is liable to forfeit
One Penny a Day of his Pay for Eighteen Calendar
Months, and to Fourteen. Days Imprisonment if he is
not attested ; and if he belongs to the Naval Coast
Volunteers he is liable, under the Act Sixteenth and
Seventeenth Victoria, Chapter Seventy-three, to Impri-
sonment for Six Months, and his Enlistment will be null
and void.

CAP. VIL

An Act for extending the Time limited for putting into
execution the Act of the Fourteenth and Fifteenth Years
of Her present Majesty, for the better Management and
Control of Highways in South Wales. [12th May 1854.]

' TI/^HEREAS by an Act passed in the Fourteenth and Fif^^

* ^^ teenth Years of the Reign of Her present Majesty,

* intituled An Act for the better Management and Control cf

* ihe Highways in South Wales, it was enacted that the County
^ Roads Board of each County in South WaleSy constituted as
^ therein recited, should, at their First General Meeting after
' the passing of the said Act^ or at some Adjournment thereof
' proceed to divide the County into so many Districts for the
' separate Management of the several Highways therein as should

* in their Judgment be most convenient, in manner therein
^ provided, and that such Board should make an Order for the
' Formation of such Districts, and should cai^se such Order,
' together with a Description or Statement of the Boundaries of
^ such Districts, to be published, as therein mentioned, One
' Month at least before the Twenty-fifth Day of March then next :

* And whereas it is expedient to enlarge the Time for carrying

* the said Act into execution as to some of the said Counties :'
Be it therefore enacted by the Queen's most Excellent Migesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same. That the County Roads Board
of each County in South Wales in which the said recited Act
has not already been put in execution shall at their First General
Annual Meeting after the passing of this Act, or at some Adjourn-
ment thereof, proceed in manner in the said recited Act provided
to divide the County into so many Districts for the separate

Management

A.D. 1854. 17<» & 18° VICTORUE. C. 7, 8. 37

Management of the several Highways therein respectively as shall
in their Judgment be most convenient; and that the said Board
shall make an Order for the Formation of such Districte, and shall
cause such Order, together with a Description or Statement of the
Boondaries of such Districts, or of the Parishes comprised therein
respectively, to be published by Advertisement in One or more
of the Newspapers circulating in their County One Month at
least before the Twenty-fifth Day of March One thousand eight
hundred and fifty-five; and thereupon all Quch Proceedings as
were required or authorized by the said recited Act after the
Publication of such Notice as is therein required shall be had
and take place as if the Time hereby authorized for the making
of the said Order and the Publication thereof, with such Descrip-
tion^or Statement of the Boundaries as aforesaid, had been inserted
in the said recited Act ; and that all the Powers and Provisions,
Matters and Things, contained in the said recited Act> shall, so
fiu> as the same are not varied by this Act, extend to this Act as
fuUj and efiectually as if the same had been expressly repeated
and re-enacted in and by this Act

CAP. vm.

An Act further to amend an Act relating to the Valuation
of rateable Property in Ireland. [12th May 1864.]

' T^HEREAS an Act was passed in the Session holden in

* *" the Fifteenth and Sixteenth Years of Her Majesty is&ieViot.
' (Chapter Sixty-three), '^ to amend the Laws relating to the c 63.

* ** Valuation of rateable Property in Irdand^ and such Act was

' amended by an Act of the last Session of Parliament, Chapter i6 & 17 Vict
*■ Seven : And whereas it is expedient further to amend the said e. 7.

* Act of the Fifteenth and Sixteenth Years of Her Majesty :*
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

L The said Act of the last Session of Parliament, and Sections le & 17 Tlct
fifteen. Twenty-nine, and Thirty of the firstly herein -before c 7., and Sec-
mentioned Act, and so much of Section Twenty-five of the same ^^"^ ^^'t 2*»
Act as enacts that on the Receipt by the Treasurer of any County SJt^'sSt 25
of such final Lists as therein mentioned of any Barony or of the of 15 & 16 Vict
whole Number of Baronies in such County such Treasurer shall c. 63., repealed.
strike out from the Columns in such final Lists relating to Build-
ings the Valuations of each and every House in each Tenement
and Townland the net annual Value of which House as therein
stated shall not exceed Five Pounds, and shall deduct the Sum
of such Valuations of Houses valued under Five Pounds and so
struck out from the total Amount of the Valuation of such re-
spective Tenement and Townland, and that the Valuation of each
Tenement and Townland after such Deduction shall be deemed to
be the Value thereof for the Purposes of County AssessmentSi
flbsQ be repealed.

IL In makinff out the Lists or Tables of Valuation mentioned Comaliiioner
ifl the said firstW herein-before mentioned Act, the Commissioner ihaUdiatingQish
' J) 3 of aUHoMetuaed

38

C.8.

17*^ & 18«> VICTORLffi.

A.D.1854.

for a public Na-
ture, &c. which
shall be exempt-
ed from Assess-
ment

Half of Bent
derived by
Owner, &c. to
be entered in
Valuation Lists.

Grand Jury
may direct
lists to be
acted upon at
the First As-
sises after their
Receipt, al-
though the
Spring Assizes.

Bevisionof the
Valuation of
Tenements
liable to fre-
quent Altera-
tion.

Penalty on
Collector for
not returning
List for Reri-
ttcrn.

of Valuation shall distinguish all Hereditaments and Tenements,
or Portions of the same, of a public Nature, or used for charitaUe
Purposes, or for the Purposes of Science, Literature, and the Fine
Arts, as specified in an Act of the Sixth and Seventh Years of
Her Majesty, Chapter Thirty-six; and all ^nch Hereditaments
or Tenements, or Portions of the same, so distinguished, shall, so
long as they shall continue to be of a public Nature, and occupied
for the public Service, or used for the Purposes aforesaid, be
deemed exempt from all Assessment for the Belief of the destitute
Poor in Ireland and for Grand Jury and County Rates : Provided
always, that Half the annual Ttent derived by the Owner or other
Person interested in any Tenements or Hereditaments so distin-
guished shall be included in such List or Tables, so far as the
same can or may be ascertained by the said Commissioner of
Valuation.

lU. Where the Assizes for any County next ensuing the Day
on which any final Lists of Valuation mentioned in Section
Twenty-six of the firstly herein-before mentioned Act shall be
received by the Treasurer of such County happen to be the
Spring Assizes, it shall be lawful for the Grand Jury of such
County at such Assizes, if they so think fit, to direct that the
Valuations contained in such final Lists shall, from and after the
Commencement of such Assizes, be in force and be acted upon for
the Purposes mentioned in the said Section as if such Assizes
were the Summer Assizes next ensuing tlie Day of such Receipt
of such final Lists respectively, and such Lists shall be so acted
upon accordingly.

IV. And for the Purpose of providing for the necessary Revi-
sion of the Valuation of the rateable Tenements and Hereditaments
the Limits whereof shall become altered, and also of rateable
Tenements or Hereditaments the annual Value of which is liable
to frequent Alteration, such as Fisheries, Railways, Canals, Tolls
of Roads, Bridpfcs, Mines, Gas and Water Works, and Buildings,
be it enacted, That on the Fifteenth Day of November in each
Year every Collector of Poor Rates within each Poor Law Union
within which the Valuation of the rateable Hereditaments and
Tenements has been or shall have been completed and shall be in
operation shall make out and deliver to the Clerk of such Union,
to be by him laid before the Board of Guardians of such Union,
a List of all the Tenements or Hereditaments situate within
every Townland in the said Union and within his District the
Valuation of which Tenements shall require Revision for any of
the Reasons aforesaid, or in respect of any Property the annual
Value of which is liable to frequent Alteration as aforesaid ; and
if any such Collector shall fail or neglect to make out such List
according to the best of his Ability, and deliver the same to
the Clerk of the Union as aforesaid, within the Period aforesaid,
Jie shall for every such Neglect or Defanlt be liable to a Penahy
not exceeding Five Pounds ; and anj Ratepayer within any Poor
Law Union may within the same Period make out and deliver to
the Clerk of the Union, to be by him laid before the Board of
Guardians thereof, a List of any Tenements the Vaiuation of which
shall in his Opinion require Revision ; and the Clerk ixf each Poor
Law Union shall for Ten Days afltor reeeiviiig any «ach List

leave

AJ>.1854. IJ^ & 18^ VICTORIiE. CS, 9. 3»

Jfisre the ame open for public Znspection at tfao Workhouse of
such Umon, and p^ mit Extracts to be made therefrom, and shall
on or before the Twentj-flerenth Day of November in each Year
laake out a fofl and complete List of all Tenements and Property
mentioBed in such Lists delivei«d to him as aforesaid on or before
the fifteenth Day of the same Month, and transmit the List so
made oat by hun to the Commisaioner of Valoation, with the
OpimoQ of the said Board of Guardians whether such Beyision
is necessary on account of such Changes or Alterations.

V. On or before the First Day of Summer Assizes to be held Ck>mmi88i«n«r
far any County next after the Receipt of such Lists for the several of Vaimrtioa
Poor Law Unions in such County, the Commissioner of Valuation shall cause a
shall cause a Revision to be made of the Valuation of the Tene- ?!^*7 ^^
menu in the several Townlands and Parishes within such County, TenmenSI^and
or any Barony or Poor Law Union therein, and appoint fit and transmit a List
proper Persons to revise the Valuation of the Tenements so re- to the Guardians
quiiing Bevision, and the Person making such Revision shall have ^^ ^® TJnion,
re^urd to the total Valuation of the Lands, independently of ^^^^^^'
Buildings, within each respective Townland or other Denomina- (^^^^ &c.
tion, as finally decided on by the Commissioner of Valuation, or
by the Court at any General or Quarter Sessions of the Peace,
under the Proviaiims of the firstly her^in-before mentioned Act,
and Bhall not lacreaae or lessen such total Valuation, except in
Cases in which a clerical Eiror shall have been discovered, when
the same may be rectified ; and as soon as the said Revision
shall have been completed the Commissioner of Valuation shall
maice out and prepare a revised List or Lists of the Valuation of
the rateable Hereditaments and Tenements within such Coonty
or any Barony thereof^ or within such Poor Law Union, or a List
of the Tenements, so revised as aforesaid, and shall sign the same,
and tmnsHBt printed or written Copies of such List or Lasts, so
signed by faim, in the Form set fiortfa in the Schedule to the firstly
herein-beibre mentioned Act annexed, to the Guardians of eacli
Union, and to the Town Council of any Borough within which
any Tenements contained in any such List are situate, and like«
wise to the Treasurer of the County ; and the Clerk of such
Union shall forthwith mi^e every such List public by all and
evttj the same Ways and Means as are directed by Section «

Twenty-eight of such Act concerning the Lists in such Section
men^ned.

VL The firstly herein-before mentioned Act and this Act shall Jf 53/1^^1^
be construed together as One Act. jV^et to be as

One Act.

CAP. IX.

Jlm Act to sHidMxmie the InokMnow of certain Lands in pur-
waaoe af a Report of the Inclo0m« CoamusnoDars for
E^hmd and PFofef. [12tk May 1654.]

* UTHESEAS the Indosare Cemmiasionen fbr Enghnd and

* V ▼ Wmleg hvreyin pwnMianee of " The Acts for the Inclosiire,

* ^ DBokange, aad Impre/vement of Laa^'' laened their Frovi-

* iomtl Orders far aad<M»ieeniing the proposed Inclosores mea-

* tioDed in the Schedule to this Ac^ and have in their Ninth

D 4 * Annual

40

C.9,10.

17° &18« VICTORIA

A.D.1854.

Indosoref
jneDtioned in
Schedule may
be proceeded
iritb.
Short TiUe.

* Annual General Report certified their Opinion that snch Inclo-
^ sures would be expedient; but the same cannot be proceeded

* with without the previous Authority of Parliament:' Be it
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lordfl Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same, as follows :

I. That the said several proposed Inclosures mentioned in the
Schedule to this Act be proceeded with.

n. In citing this Act in other Acts of Parliament, and in legal
Instruments, it shall be sufficient to use either the Expression
« The Annual Inclosure Act, 1854," or « The Acts for the Inclo-
<< sure, Exchange, and Improvement of Land."

SCHEDULE to which ihis Act refers.

Inclosiire.

Coonty.

Date of Pnmnonal Order.

Heavers Wood Common -

Surrey

3d March 1853.

Lampeter-pont* Stephen -

Cardigan

10th June 1853.

Iping . - -

Sussex

2d June 1853.

Cardigan

Cardigan •

2d December 1853.

Barlby

York

dlst December 1853.

Church Brough Intake -

Westmorland

2d December 1853.

Curdridge

Southampton

12th January 1854.

Porlock

Somerset

25th January 1854.

Bursledon

Southampton

12th January 1854.

The Oakcutts Woods -

Southampton

23d January 1854.

Wootton Courtney

Somerset

26th January 1854.

Hawkridge • - •

Somerset

26th January 1854.

Tinhead

Wilts

28th January 1854.

C A P. X.

An Act for granting to Her Majesty additional Duties on
Profits arising from Property, Professions, Trades, and
Officea [12th May 1854.]

Most Gracious Sovereign,

* Tl/^E, Your Majesty's most dutiful and loyal Subjects, the

* ^ ▼ Commons of the United Kingdom of Great Britain and

* Ireland in Parliament assembled, towards raising the necessary
^ Supplies to defray Your Majesty's public Expenses, and making
^ an Addition to the public Revenue, have freely and yoluntarilj
' resolved to give and grant unto Your Migesty the several Rates
' and Duties herein-after mentioned;' and do therefore most
humbly beseech Your Majesty that it may be enacted; and be it
enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, as foUows :

L There

A.D.1854. • 11^ & 18« VICTORLZB. C. 10, 11. 41

I. There shall be charged, raised, levied, collected, and paid, Additional
unto and for the Uae of Her Majesty, Her Heirs and Successors, Duties to be
for the Year commencing on the Sixth Day of April One thou- ^^ **V^
sand eight hundred and fifty-four, for and in respect of all Pro- foJ^^^yeJ^
pertj. Profits, and Grains chargeable in or for the said Year with commencmg od
the Rates and Duties granted by the Act passed in the last 6th April 1854.
Session of Parliament, Chapter Thirty-four, additional Rates and
Duties aooonnting to One Moiety of the whole of the Duties
which by virtue of the said Act shall be charged and assessed
or shall become payable, under any Contract of Composition or
otherwise, in respect of such Property, Profits, and Gains respec-
tively for the said Year; and ihe whole Amount of the said
additional Duties shall be collected and paid with and over and
above the First Moiety of the Duties assessed or charged by
Tirtoe of the said Act for the Year aforesaid.

H. The said Duties hereby granted shall be charged, raised, Daties to be
levied, and collected under the Regulations and Provisions of the "y»«odMid
said Act passed in the last Session of Parliament, and of the ^pL^^^
several Acts therein mentioned or referred to; and all Powers, ofracitedActs.
Anthoritiefl, Rules, Regulations, Penalties, Clauses, Matters, and
Things contained in or enacted by the said several Acts, and in
force with respect to the Duties granted by the said first-men-
tioned Act, shall (so far as the same are or may be applicable
consistently with the express Provisions of this Act) respectively
be duly observed, applied, and put in execution for charging,
raising, levying, collecting, receiving, accounting for, and securing
the said Duties hereby granted, and otherwise relating thereto.

CAP. XI.

An Act to amend the Laws relating to Ministers Money,
and the Church Temporalities {Ireland) Act

[12th May 1854.]

* ^l/'HEREAS by an Act of the Session of the ParHament of

' ^ ^ Ireland holden in the Seventeenth and Eighteenth Years 17 & is Car. 2.
' of King Charles the Second, Chapter Seven, Provision was c 7. (L)
' made for charging Sums of Money to be paid in every Year

* to the several Incumbents having Cure of qouIs in the several

* Parishes within the City and Suburbs of Dublin and Liberties

* thereunto adjoining, and other Cities and Towns Corporate in

* Ireland^ out of the Houses belonging to the several Parishes,
' according to the annual Value of such Houses, to be previously
' ascertained by Commissioners as therein mentioned, and the

* Sams so allotted and charged were to be received by the

* Churchwardens, and by them paid to the Licnmbents, and
' Power was thereby given to the Churchwardens, on the Refusal
' or Delay of Payment by the Lihabitants, to recover such Sums

* by Distress : And whereas by an Act passed in the Seventh

« and Eighth Years of King George the Fourth, Chapter Thirty- 7&8a«i.c8i.
' four, the Incumbents within the City and Suburbs of Dublin

* and Liberties thereunto adjoining, and within other Cities and

* Towns Corporate in Ireland^ were authorized to appoint Col-

* lectors of all Sams allotted or charged according to the said Act

* of

48

C.11.

17«&18^ VICTORIJE.

A.D.1854.

* of the Seventeenth and Eighteenth Yeais of King Charles the

* Second, with such Powers as by 1^ kst-mentioned Act were

* giTon to the Churckwardens : And whereas, irom the diminished

* Yalne of Houses in certain Parts of the said City and Suborfos
' of Dublin and the Liberties thereunto adjoining, and of the

* seyeral other Cities and Towns Corporate in IfHandj namely^

* the Cities and Boroughs of Corkf Limerick, WtUerfard, Drog*
' hedoy Kilkenny^ Clonmiely and Kinaalej the Burden of the Sums
' charged nnder the said Act of King Charles the Second, cam-
^ monlj called and herein«after referred to as Ministers Money,
< has become unequal, and from that Cause and from other Causes
' the Collection of the said Ministers Money has been found
' difficult, and in many Cases oppressive, to liie poor Inhabitaots

* of the Houses charged therewitii, and it is expedient to amend

* the Law in relation thex«to :' Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons,
in this pzeseot Parliameat assembled, and by the Authcoity of
the sane, as follows :

I. From and after the First Day of October One tiMNisaad
eight hundred and £fity-four the said Act of King Chariee the
Second shall be and is heireby repealed, and bo Allotment or
Charge of Sums shall thereafter be made under tlie ProviaiMn
liieieof : Provided always, that all Arrears of so<^ Miaisiera
Money thai due and payable shall and may be paid and recoveved
ns if this Act had not been passed.

II. The Lord Lieutenant of Ireland shall oause to be aacertaiBed,
in a Return to be made by Persons to be by him for that Purpose
appointed by Commission under the Great Seal of Irelandy the
Amount payable during the Year ended the Thirty-first Day of
DeoemberOoe thousand eight hundred and -fifty^three for Ministers
Money out of each House in eaoh Parish within the said City and
Suburbs of DubUn and the Liberties thereunto adjoining, and in
the said other Cities and Boroughs liable to the Payment of

being'dedacted, Ministers Money, and in «nch Portions of Parishes liable to the
and Amoimts Pa3rment of Ministers Money as lie outside the Boondaries of
-fte said Cities and Boroughs, distinguisbing thorein all Sams
payable in respect of Houses of and imder the annual Yaine of
Ten Pounds (such Value to be estimated in the same Manner
in which the same may be or should be estimated for the Purpoees
of a Rate for the Beliof of the Poor), whioh said Commission
shall be returned, under the Hands and Seals of tke Coonais-
sionere or any Two of them, to the Clerk of the Council of Ire-
iandiar the T^me being ; and aiter the Amount ascertained thereby
with re^»eet to each such Parish shall hav« been approved by the
Lord Lieutenant and Pl*ivy Council of Jnekmd, the Clerk of the
•Council shall certify under his Hand to ibe OoUeotor Crenend of
Sates in the City of Dukknj and to the respective Clerks to the
aevernl and respective Boards of Guardiaiis in wliose Unioas snch
Pints of the Suburbs of the City of Dubkn or of the LiberlieB
Aeveanto formerly adjoining as are not wftinn the Limits of the
Manioipai Distriot of DMin mn oompiiBed, and to the Town
Clerk ^ OBch of tte GUm at Boroughs berei&Hifiler meationed,
<thatia1o«ey,) Cork, JUmenok, Waimjfgrsl, Ihe^eda, JKOkemj^,

and

Uzjftmg
Charges of
Ministers
Money to

The Charge of
Ministers
Money for the
Year ending
31tt Dec 185S,
tobeascer-
tamed,all
Honaes rated
to the Poor at
or under 10/.

tobeoeriiAed
to Collector
General of
Bates, Town
Clerks, and
Clerks to
Boards of
Guardians.

AJX1854. 17«> & 18° VICTOHIiE. C 11. .48

sad donrnd, and to the Clerk to the Town CommiasionerB of
JSwole, and to the respecdve Clerks to the several and respective
Boards of GoardiaoB in whose UniotiB any FortioBB of sudi
PaariAes liable to the Payment of Ministers Money may be oom-
pnaed, the Amoont asoertained and approved with respect to all
HonsBB in eadi F^sh therem respectively of more than the Y^ae
of Ten PoimdB.

HI. The said Collector General of Bates within the said Moni- The Smns so
eipal Diatnct of DubUny and the said Boards of Guardians, and certified to be
tiie Coniicii of each of the said OLties or Boroughs of Cork, "^>^ «^^
Umeriek, fFaierfard, I>ro9heda, KOk^ny, and Chnmel, and the ^S^^"!^"
said Town ConmussionCTB of Knucde in tiieir respective Districts, ^ Houses now
flhall caaae to be raised in each Parish now liable to tlie Payment chargeable ez-
cf Mmifiters Money, in every Year, in Two equal Sums, the Amount cept those rated
80 aooertained, approved, and certified with respect to such Parish, ** **' '"^^«' ^^^
bj measB of a i^Me to be assessed and levied on all Houses, save
as hereafter mentioned, situate in each such Parish respectively
BOW Uabie to the Payment of Ministers Money, and of the rated
Value of more than Ten Pounds, provided that no House shall be
iisble to a greater annual Payment for such Rate than it is new
HaUe to pay for Roisters Money, and tiiat no uninhabited House
shall be liable to be rated for the Period during which it shall be
munlialnted, nor shall any Bate be payable in req^ect of sui^
Houe during such Period ; and, subject as. aJSoeesaid, the Bates
to be so asaened shall, by the said CoEeetc»^ General, be assessed,
levied, and collected in the same Manner and under and subr|ect
to the same Provisions as the Bates now assessed, levied, and
ooQBcled by him, and shall, by the respective Councils of the
aaid Cities and Boroughs, be assessed, levied, and coUected in
the aame Manner and under and subject to the same ProvisionB
as the Borongh Rate, and shall in l^e Town or Borough of
I^mmU be assessed, levied, and collected in the aame Manner and
vnder and sobject to the Provisions cosiceming the Rates antho-
rioed to be raised and levied under the Act of the JSBnth Year of
B[ing Gestae the Poorth, Chapter £aghty-<wo, or any ^et amend-
ing the same ; and the Bates to be assessed under tdiis Act by
Bwrds of Guardians shall be assessed, levied, and collected in
tibe same Manner and under and subject to the same Provifflons
as the Rates for the Relief of the Poor, snob Sams to be soxaiaed
at such Times as will secure the Payment of the Suns required
to be raised in each Haif Year to the Paymaster of Civil Services
mdcr the Provision hereinnifiter contained before the Tweaiy-
fifltti Day of Mardi and the Twenty-^ninth Day of September xa.
every Year, and tira First of such ha]#*yearly Sums to be taised
and paid over as ttforesaid before th^ Twenty^ninA Day of
iSifrtaaiki One thousand eight hundred and fifily-4Qlve : Proi^ed
niwi^a, that no AssesBment under this Act shall be made upon
ti» QocJiipier or Owner of viy House rated to the Belief of the
Yem npoD an annual Value of Ton Pounds or Ibbs than Ten
Flsunds ; piorided afao, tiiat it Bhall be lawM for lixe Lovd
LieirteBaat of Ireland to oMier and direct that for the Collection
«f ^be BatoB to foe maide under this Act, and any Sb^easea
■Hwiiling the same, such Per-eenta^ shall be allowed upon the
Sums actually collected as such Lord Lieutenant may think fit.

IV. The

44 C. 11. 17*^ & 18« VICTORI-aE. A.D.1854.

Sums raised to IV. The Monies levied under this Act by and under the Autho-
be paid oyer to ritj of the said Councils and Town Commissioners shall be paid
5*r?*T^r*^ to the respective Treasurers of the Cities and Towns in which
^oM. and^ by *^® same are levied, and the Monies levied under this Act by
himtransferred ^^^ under the Authority of the said Boards of Guardians shaU
to the Bccleri- be paid to the Treasurers of their respective Unions to a separate
astical Commii- Account ; and all Monies levied under this Act by such Collector
sionen. General of Bates, and the Monies to be paid under this Act to

the said Treasurers, shall be carried to separate Accounts, and»
after deducting such Sums as may be allowed as Per-centage and
Expenses as aforesaid, shall be paid by them respectively into the
Bank of Ireland^ to be there placed to a separate Account in
the Name of the Paymaster of Civil Services in Irdandy to be
entitled " Account of Ministers Money," and all Sums to be paid
to such Paymaster shall be paid by him to the ** Ecclesiastical
Conmiissioners for Ireland^ and such Commissioners shall keep a
separate Account of the Monies so paid to them as aforesaid.
Hov Monies V. In case in any Half Year the Sums due on the Houses

are to be re- liable as aforesaid be not raised and paid over to the Paymaster
covered in case of Civil Services as aforesaid, the same, or so much thereof as
^2^"^!^ shall not be paid, or shall not arise out of Houses exempt as
bvBatM wder berein-before provided by reason of being uninhabited, shidl, in
^ Act Cftse of such Default with respect to any Parish in the Municipal

District of Dttblin^ or in any of the said other Cities or Boroughs
herein mentioned, become and be a Debt due to the Crown, and
recoverable as such from the said City oiDubliuy or of such other
City or Borough in which the Default may happen ; and in the
Case of such Default with respect to any Parish in which Rates
are to be raised under this Act by Boards of Guardians, the said
Sum, or so much thereof as aforesaid, shall become and be a Debt
due to the Crown, and recoverable as such from such Board of
Guardians ; and the Lord Lieutenant of Ireland shall order all
Sums which shall become due to the Crown as aforesaid to be
recovered and paid to the Ecclesiastical Commissioners for /re-
land ; and it shdl be lawful for the said Councils, Town Commis-
sioners, and Boards of Guardians to recover the Sums so recovered
from them as aforesaid from the defaulting Occupiers or Owners
of the Houses in respect of which such Default has accrued,
according to the respective separate Liability of such Occupiers
or Owners.
Ownen or VL It shall be lawful for the Owner or Occupier of any House

Oocnpiers may liable to be rated under this Act to redeem the Bates to which
redeem Bates. gQch House may so be liable, on Payment to the said Paymaster
of Civil Services of all Arrears (if any) of such Rates, and of
such Sum, not exceeding Fourteen Times the annual Amount at
which such House may be liable to be rated under this Act^ as
may be fixed and settled by the Ecclesiastical Commissioners
v^ith the Assent of the Lord Lieutenant in Council ; and &om
and after such Redemption such House shall cease to be rated
under this Act; and in case the said Rate be purchased and
redeemed by the Owner he may add the Amount thereof to
the Bent of the House, and shall be entitled to recover the same
in the same Manner and with the like Powers as the Rent is
recoverable.

YIL AU

A.D.1854. 17" & 18° VICTORI-aE. C.ll. 45

VUL All Bedemption Monies which shall be so paid to the Redemptioii

said Fajmaster of Civil Services shall be paid by him to the said Monies to be

Bcdesiastial Commissioners for Ireland in like Manner as herein I»id to Ecde-

provided with respect to Monies arising from Rates tinder this SjSrimPwJ*"*'
Act. mwrnoneiH.

VjLLL The Ecclesiastical Commissioners for Ireland shall pay Ecclesiasdcal
to the several Incumbents for the Time being of the Parishes now Commissioners
liable to the Payments of Ministers Money under the said Act to pay to In-
of the Seventeenth and Eighteenth Years of King Charles the ^^™c^?^^^
Second, by quarterly Payments on the First Day of January y the ^^ Sim nS-
First Day of AprU^ the First Day of J«/y, and the First Day of able for Mmis-
October in every Year, a yearly Sum, to be computed after the ters Money
Rate of Seventy-five Pounds for every One hundred Pounds of during the
the Sum payable in such Parishes respectively for Ministers ^^^ ^^^^
Money during the Year One thousand eight hundred and fifty-
three, the first of such Payments to be made on the First Day
of January One thousand eight hundred and fifty-five ; anything
in an Act passed in the Session of the Third and Fourth Years of
the Reign of King WUUam the Fourth, Chapter Thirty-seven, or
any Act amending the same, to the contrary notwithstanding :
Provided always, that, in every Case where the Revenues of any
such Benefice may be charged with the Payment of Curates and
snch other Charges as are allowed to be deducted in fixing
the net Income of Benefices taxable to the Ecclesiastical Com-
missioners, the Portion of the gross Revenue employed in de-
fraying snch Charges shall not be reduced to the aforesaid
Seventy-five per Cent., but shall be paid in fuU, Cent, per Centy
(that is to say,) that the said Ecclesiastical Commissioners shall
pay to the Incumbents of such Benefices respectively, in addition
to ^be aforesaid Seventy-five per Cent^ and in like quarterly
Proportions, but exempt from Taxation, a further Sum after the
Rate of Twenty-five Pounds for every One hundred Pounds
actually expended by such Incumbents in defraying such Charges.

]C§L The said Ecclesiastical Commissioners shall from Time to Eeelesiastieal
Time, at their Discretion, invest all or any Part of such Monies as Conmiissionen
shall at any Time by or under the Provisions of this Act be paid ^"^J®*? ^
to them as aforesaid in the Purchase of Government or Parlia- ye^^^^^.
mentary Funds, Stocks, or Securities, and no other, either in ^ties, &c
England or Ireland^ and from Time to Time change, transfer, or
sell out such Stocks, Funds, or Securities, or any Part thereof,
aod reinvest the Produce thereof, as they may find necessary or
convenient.

X. It shall and may be lawful for the said Ecclesiastical. Com- Funds in Hands
missioners, when and as in their Judgment it may be proper, but of Conmus-
with the previous Approval of the Lord Lieutenant of Ireland °J"^®" ™*y
in CoundC to apply any Monies which may be in their Hands or ^„5JJ*^^^n
at their Disposal (luter answering and providing for the Payments ofBenefices or
to be made by them under this Act to the Incumbents for the increasing
Time being of the Parishes now liable to the Payment of Mi- Number of
nisters Money) for the Augmentation of the Incomes of Incum- Clergymen.
bents having Cure of Souls, or for increasing the Number of
(NBciating Clergymen of the Established Church within the said
City and Suburbs of Dublin and Liberties thereunto adjoining,

and

4&

ail— 13.

17" & 18° YICTORUE.

A.D. 1854.

Nonpsyment

and the said other Cities and Boroughs now liable to the Payment
of Ministers Money.

XL The said Rate shall not be deemed to be a Cess Bate or

o^5!ffJ?l,^*Tx, ^*^ ^^® Payment of which is necessary to enable any Occupier or
*^n8b^ J^J" other Person to be admitted or enrolled as a Burgess of any Ci^

DuttedBcuv
. Ac

42 Geo. 3.

C. 00.8. 111.

42GeaS.
c. 01. 8. 197.
42 Geo. 3.
c. 120. 8. 55.

Militia may be
embodied
wheneyer a
State ci£ War
exists.

ThaTimeof
Tniaiiigmay
beexteDded
after a Corps of

Militia^
called ont^

or Corporate Town in Ireland, or to vote at any
Municipal Commissioners in any Town in JMamL

Eleclion of

CAP. xn.

An Act for raising the Sum of ^xteen minions ttventy-four
thousand one hundred Pounds by Exchequer Bills, for the
Seryiee of the Year One thousand eight hundred and
fift7-fbur. [12th Muy I8d4.]

CAP. XIII.

An Act to amend the Acts relating to the Militia of the
United Kin^om. [1 2th May 1854.]

* \irrHEREAS under the Acts now in force concerning the

* ^ V Militia of the United Kingdom the Militia can cNdiy be
' drawn out and embodied, in Enffiand and Seodand respeetrv^y,
' in Cases of actual Invasion or. upon imminent Danger thereikE^
' or in Cases of Rebellion or Insurrection, and in Ireland, in Caste
' of actual Invasion, Rebellion, or Insurrection, or upon im*
' mediate Danger thereof : And whereas it is expedient that the
' said Acts should be amended as herein-after mentioned :' Be i^
therefore enacted by the Queen's most Excellent Migesty, by and
with the Adyice and Consent of the Lords Spiritual aad Temporal,
and CommonS) in this present Parliament assembled, and by the
Authority of the seme, That wheneyer a State of War exists
between Her Majesty and any Foreign Power it shall be lawful
for Her Majesty and for the Lord Lieutenant or other Chief
Gevemer or Governors oflrdand respectively to cause all or any
Pffirt of the respective Militias in England, Seodand, and Irekmd
to be drawn out and embodied in like Manner as by the said Acts
authorized in the Cases therein mentioned ; and all the ProvisioDa
of the said Acts, and of all other Acts now in force, i4>plioabie
for and in the Case of the drawing out and embodying of such re-^
spective Militias in the Cases therein mentioned, and to such
respective Militias when so embodied, diall be applicable for and
in the Case of the drawing out and embodying of such respeetive
Militias under the Authority of this Act, and to such respective
Militias when so embodied^

n. It shall be lawful for Her M^esty, T^en any Regiment*
Battalion, or Corps of tiie MiUtia in England is actnafly as*
sembled for Training and Exercise -for a less Period than Fiffy*
six Days, or at any Time after the Notices to the Men of such
Regimen^ Battalion, or Corps lx> attend Training and Exercise for
any such less Period have been given by Order signified under
the Hand of One of the Principal Secretariea of State to the
Lieutenant of the County, Riding, or Place for which sueh Be^
ment, Battalion, or Corps is enrolled, or in his Absenee to Three.

or

AJ>.I854. 17' & 18» VICTORIJE. C. 13, 14. «r

or more Deputy- laeutenaaits of snch Coontj, BSding, or Place, to
extend tlie Period of such Training and Exercise for snch Period
as to Her Majesty may seem fit» not exceeding with the Time for
'wluch such Begimenty Battalion, or Corps may have been called
out for soeh Trainiiig and Exercise the Pteiod of Fifty-six Days,
aad it Aall not be necessary in any such Case as aforesaid to give
fieih Notices to attend Training and Exercise; and all Pto^
TJaumi apiitieable to snch Militia dioing' the Time of Training
and ExBRiae shall be applicable to sock Regiment^ Battalion, or
Corps during such extended Period as if the Notices for calling
out suck Regiment, Battalion, or Corps for snch Training and
Exeraae had been giren for such extended Peciod, and the same
had been aoAoriaed by Law.

UL In case any of the CommuooDed Officers or FriTates of 'dasoflMl.
soek BegimeKl, Battalion, or Gorpe shalU previously to the assem- ^^^ ^
bling of tke same for Training and Exercise, have been sent to '^^^^
^kmr Ifead Qoartera or attacl^ to any C<»ps of Her Majesty's
Begnlar Forces for Purposes of Instcuction, the Time durmg
wkifik they shall have remained at tkeir own Head Quarters, or
witk tko said Corps, for Listmction a» aforesaid, shall not be
re^ooed as any Puct of tiie Period of Hfty-six Days during
wkidi sock then CoBunissioned Officers and Privates may be kept
aflsembled for Training and Exercise as h.erejsi-before provided^

IV. Phivided, That in t^e Case of drawing out and embodying Notioeof the
tke Militia in England^ at any Part thereof, under the Authorily '^f ^^ '^'^^^
of Aia Act, the Notiees to the Militia Men to attend at the Tune ^^^f^^e
and Place mentioned in the Order of Her Majesty for drawing Qomman^g
out and embodying the Regiment, Battalion* or Corps to which Officer by Post
they shaA bekuig^ shall be sent by th» Colonel or Commanding to the Resi-
Offieer of aneh Regiment, Battalion,, or Corps, by the Post, to dencesoftbe
the Retidenoee of tiie several Men as stated on their Attestations, ^^^^^^t
or a» sohseqaently certified 1^ them, and snch Notices shall be tations, and to
sufficieiit in all respects ; and any MUlitia Man not appearing at be deemed snffi-
tke Time and Place appointed in sudi Notice shall be deemed cient
te have disobeyed Her Mige^y's Order for drawing out and em-
bodying the Regiment^ BattaUon, or Corps to which he belongs,
aa4 shall ba liable to be puniahed and dealt with accordingly;
and the Provisions of the One hundred and sixteenth Section
of the Act of tiie Forty-second Tear of King Gem^e tiie Third,
CkaptBr Ninety^ shall be applicable to sach Militia Man, and to
aa^ PeraoBL knowing^ harbouring and concealing him.

CAR XIV-

An Act to contmue Her Majesty's Commission for buildiDg
new Churches. [12tli May 1854.]

* ^1/^HEREAS the fiodbwing Acts have been passed for bnild-
' ^^ ing and promoting the building of additional Churches

* Id popnloiia Parishes in JSngbmd^ and are commonly referred

' to ae the Cinooh Building Acts ; (that is to say,) an Act of the 58 G. 3.c 45.
' Ilftp^ghAh Year of King Gaorgfe the Third, Chapter Forty-
' iv« ; an Act q£ tiie Fifty-ninth Year of King George the Third, 59 Q. 3. c 134.
' Q»p«er One hmdved and thirty^bur ; an Act of the Third 3 G. 4. e. 72.
' Tear ei TBe^ Gem^ flie Ponrth, CJiapter Seventy-tw^o ;. an

* Act

48

C.14.

!?• & 18« VICTORIA.

A.D.1854.

5 G. 4. c 103.
7& 8 G. 4.0.72.

1&2W.4.C38.

2&3W.4.C61.
7 W. 4. and

I Vict c 76.

l&2Yictc.l07.
2&3Y]Ct.c.49.

3&4Yietc60.
7&8y]ctc.56.

8&9yictc.70.

9&l0yictc88.
S&lOYiatced.

II & 12 Viet
0.37.

11 & 12 Vict

c71.

14 & 15 Vict

C.97.

Act of the Fifth Year of King George the Fourth, Chapter One
hundred and three ; an Act of the Session holden in the Seventh
and Eighth Years of King George the Fourth, Chapter Seventy-
two ; an Act of the Session holden in the First and Second
Years of King FFiUiam the Fourth, Chapter Thirty-eight ; an
Act of the Session holden in the Second and Third Years of
King William the Fourth, Chapter Sixty-one ; an Act of the
Session holden in the Seventh Year of King WilUam the Fourth
and the First Year of Her Majesty, Chapter Seventy-five ; an
Act of the Session holden in the First and Second Years of
Her Majesty, Chapter One hundred and seven ; an Act of the
Session holden in the Second and Third Years of Her Majesty,
Chapter Forty-nine ; an Act of the Session holden in the Third
and Fourth Years of Her Majesty, Chapter Sixty ; an Act of
the Session holden in the SevenUi and Eighth Years of Her
Majesty, Chapter Fifty-six ; an Act of the Session holden in
the Eighth and Ninth Years of Her Majesty, Chapter Seventy ;
an Act of the Session holden in the Ninth and Tenth Years
of Her Majesty, Chapter Eighty-eight ; an Act of the same
Session, Chapter Sixty-eight; an Act of the Session holden
in the Eleventh and Twelfth Years of Her M^jes^, Chapter
Thirty-seven ; an Act of the same Session of Parliament,
Chapter Seventy-one ; . and «n Act of the Session holden in
the Fourteenth and fifteenth Years of Her Majesty, Chapter
Ninety-seven : And whereas by the said Act of the Fifty-eighth
Year of King George the Third it was enacted, that it should
be lawful for His Majesty by Letters Patent to appoint such
Persons as His Majesty should deem fit to be His Commissioners
for carrying into execution the Purposes of the said Act, and
that the said Commission should continue in force for the Term
of Ten Years from the Date thereof^ unless His Majesty should
think fit sooner to alter or revoke the same : And whereas by
the said Act of the Seventh and Eighth Years of King George
the Fourth the said Commission was continued in force for the
Term of Ten Years from the Twentieth Day of July One thou-
sand eight hundred and twenty-eight, unless His Majesty, His
Heirs or Successors, should thmk fit sooner to revoke the said
Commission : And whereas by the said Act of the Session holden
in the Seventh Year of King WilUam the Fourth and the First
Year of Her Ms^jesty it was enacted, that the Persons then ap-
pointed to be iSis Majesty's Commissioners for building new
Churches, or thereafter to be appointed to be Her Majesty's
Commissioners for building new Churches, should continue to
be such Conmiissioners, and that the Name and Style of the said
Commissioners should be '^ Her Majesty's Commissioners for
" building new Churches," and that the said Commission should
continue in force for the Term of Ten Years from the Twentieth
Day of July One thousand eight hundred and thirty-eight, and
thence unto the End of the next Session of Parliament, unless
Her Majesty should think fit sooner to revoke the said Commis-
sion : And whereas by the said Act of the Eleventh and Twelfth
Years of Her Majesty, Chapter Seventy-one, the said Commis-
sion was continued in force until the Twentieth Day of July
One thousand eight hundred and fifty-three, and thence to the

End

A.D.1854. 1?'' & 18^ VICTORI.E. C. 14, 15. 49

* End of the then next Session of Parliament^ unless Her Msyestj

* should Uiink fit sooner to roYoko the said Commission: And

* whereas it is expedient that the said Commission should be

* further continued as herein -after mentioned :' Be it enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of

the same. That the Persons now or hereafter to be appointed to Commissioners
be Her Majesty's Commissioners for building new Churches shall fejf bufldingnew
continue to be such Commissioners, and the said Commission shall 2?f!?*" ^^^"
continue in force until the Twentieth Day of Jufy One thousand
eight hundred and fifty-six, unless Her Majesty shall think fit
sooner to revoke the said Commission.

CAP. XV.

An Act to empower the Commissioners of tlie Admiralty
to construct a Tunnel between Her Majesty's Dockyaid
at Devonpart and Her Majesty's Steam Factory Yard at
Keyham^ and to acquire certain Property for Her Majesty's
Service. [2d June 1854.]

*■ T1/^H£REAS it is expedient that the Commissioners for exe-
' ^ ^ cnting the Office of Lord High Admiral of the United
' Kingdom of Chreat Britain and Ireland should be empowered to
' make and construct a Communication between Her Majesty's
' Dockyard at JOevonport and Her Majesty's Steam Factory Yfurd

* at Keyhamy by means of a Tunnel, or partly by a Tunnel and
' partly by open Cutting, for the exclusive Use of Her Majestjr's
' Service, and that the said Commissioners should be empowered
' to acquire the Fee Simple of all such Portions of the said

* Dockyard at Devonparty and the Use in perpetuity of the

* Roadways, Ways, and Passages in connexion therewith, the

* Fee Simple of which may not now be vested in Her Majesty,

* or in the said Commissioners in trust for Her M^'esty, Her

* Heirs and Successors, for the Public Serrice, and also the Fee
' Simple of certain Lands at or near the Entrance of the said
' Steam Factory Yard at Keyham, mentioned or referred to in

* the Second Part of the First Schedule to this Act, whether such
< Lands may or may not be required for the said Tunnel; and

* u such Objects cannot be effected without the Aid and Autho*

* rity of Parliament,' be it enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritujd and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, as follows :

L The several Provisions of << The Lands Clauses Consolidation 8 & 0 Vict
Act, 1845," shall, so far as the same may be applicable to and c. 18., incor-
are not inconsistent with or modified by the Provisions of this ^^^^StT^^
Act, be incorporated with and form Part of this Act, and shall be
applicable to the Purposes aforesaid.

n. For the Purposes of this Act the Word "Lands,** where Interpretation
used in the "Lands Clauses Consolidation Act, 1845,'' and in this Clause,
Act, or either of them, shall extend to Messuages, Lands, Tene«
sients, and Hereditaments of every Tenure, and to the Bight and

17 & 18 Vict. E Privilege

TmmeL

50 C. 15. 17^ & 18» VICTORIJE. A-D.1854.

Privilege of making and acquiring the said Communication, with
Shafts and Entrances thereto, and the Space or Portion of Ground
required, and which may be purchased or acquired for the same,
and to all such Portions as aforesaid of Her Majesty's Dockyard
at Devonporty and the free Use in perpetuity of the Roadways,
Ways, and Passages held therewith, and all other Lands, Rights^
and Property, Estates and Interests, which the said Commis-
sioners are hereby empowered to purchase or acquire ; and the
Words "Commissioners of the Admiralty," where used in this
Act, shall mean any Two or more of the Commissioners for
executing the Office of Lord High Admiral of the United King-
dom of Great Britain and Ireland for the Time being ; and the
Word " Tunnel," where used in this Act, shall mean any Com-
munication between Her Majopty's Dockyard at Devonport and
Her Majesty's Steam Factory Yard at Keyham in the County of
Devon, whether the same be made solely by a Tunnel or solely
by open Cutting, or partly by a Tunnel and partly by open
Cutting ; and the Commissioners of the Admiralty shall be and
be deemed to be the Promoters of the Undertaking.
Powers for con lU. Subject to the Provisions of this Act, it shall be lawful
stnictingthe for the Commissioner? of the Admiralty and they are hereby
*" ' authorized and empowered, if. thoy think fit, to make and con-

struct a Tunnel for the exclusive Use of Her Majesty's Service
between Her Majesty's Dockyard at Devonport and Her Majesty's
Steam Factory Yard at Keyham aforesaid, according to the Plans
and Sections thereof deposited with the Clerk of the Peace for the
County of DevoHy with Shafts, Entrances, and other necessary
Works thereto, or any Portion of such Tunnel and Works, and to
lay down and work a Railway or Railways in the said Tunnel or
otherwise use the same Tunnel, and for that Purpose to purchase
or otherwise acquire the Right and Privilege of constructing such
Tunnel and Works under, in, or through M or any of the several
Lands delineated on the said Plans and mentioned or referred to
in the Book of Reference deposited with the said Clerk of the
Peace, and also the Space or Portion of Ground required for
the same, and if necessary to purchase or acquire the Entirety of
aU or any of such Lands absolutely, and all Estates and Interests
therein which are not now vested in the said Commissioners ; and
for the Purpose of constructing the said Tunnel and Works the
said Commissioners are hereby authorized and empowered, subject
to the Provisions of this Act, to dig, bore, and excavate in, under,
or through all or any Houses, Lands, Buildings, Streets, Roads,
Highways, Railways, Tramways, Rivers, Brooks, Streams, Canals,
Wells, Springs, Sewers, Drains' Waters, Watercourses, Mains,
Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and
Passages under, in, or through which the said Tunnel, Shafts,
Entrances, and other Works may be constructed, and also per-
manenldy or temporarily to stop or take up, divert, raise, and in
any Manner alter all or any of such Streets, Roads, Highways,
Railways, Tramways, Rivers, Brooks, Streams, Canals, Wells,
Springs, Sewers, Drains, Waters, Watercourses, Mains, Pipes, Gas
Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages which
may interfere with the said Tunnel or the Construction thereof,
the said CcHmnissioners re-opening, reinstating, or restoring as far

and

A.D.1854. 17^ & 18« VICTOBIiE. C.15. 51

and as aoon as practicable, ccmsistent with the Furpoees of this
Act, the said Streets, Roada, Highways, Railways, Tramwajs,
Riversi, Brooks, Streams, Canals, Wells, Springs, Sewers, Drains,
Waters, Watercoorses, Mains, Pipes, Gas Pipes, Water Pipes,
Aqoeducts, Ways, Paths, and Passages which may be only tem-
porarily direrfeed, taken, or stopped np, raised, or in any Manner
altered under the Provisions of this Act, and, if neceesary, con*
stracting, making, and laying down other Streets, Roads, High*
ways. Railways, Tramways, Canals, Wells, Springs, Sewers,
Drains, Watercourses, Mains, Pipes, Gr«s Pipes, Water Pipes,
Aqueducts, Ways, Paths, and Passages for and in lieu of those
which may be permanently stopped or taken up or permanently
diverted: Provided always, that nothing in this Act contained
sittU enable the Commissioners of the Admiralty to sink any
Shaft in or through the Sur£M» of any public Street, Lane, or
Passage across, through, or under which the said Tunnel shall
pass ; and wherever the present Levels of any Sewers shall be
prejudicially altered by the Commissioners of the Admiralty,
sndi Commissioners shall continue the new Levels to the present
Outlets, or make new Outlets for such Sewers, so that such Sewers
may not be obstructed or impeded in their Course to the Sea, by
means of any Alteration therein which may foe made by the said
Commissioners ; and to effect any such Objects the Commissioners
of the Admiralty are hereby authorized and empowered to enter
upoo any Lands whatsoever for the Purpose of altering such
Sewers, and to alter and ccmstruct Sewers and Outlets accordingly,
making full Compensation to the Owners of such Lands for any
Damage or Loss thereby sustained, the Amount of such Compen-
sation to be settled and paid as Compensation for Lands required
for the other Purposes of this Act ; or the Commissioners of
Detfompori shall, on the Requirement of the Commissioners of the
Admiralty, at any Time or Times, at the Cost of Her Majesty,
Her Heirs and Successors, alter and construct such Sewers and
Otttlcta aa aforesaid, and during the Progress of the Works in,
under, or across Moon Street hereby authorized the present Foot-
ways therein shall be retained as at present, or the Commissioners
<^ the Admiralty shall construct, and during the Execution of
•och Works in such Street maintain, on either Side of the said
Scxeet, a good and efficient Footway through such Street for its
Inhabitants and other Passengers.

IV. If the Commissioners of the Admiralty shall deem it ex- As to Deviation
pedient to make any Deviation from the Line or Level of the said of TimneL
Tunnel as delineated and shown on the said Plans and Sections,
it shall be lawful for the said Commissioners and they are hereby
empowered to make such Deviation, provided the same shall not
extend beyond the Limits of Deviation defined upon the said Plans ;
Imif with the previous Consent of the Owners of the Lands thereby
affected or interfered with, it shall be lawful for the said Commis-
tfioners to make any Deviation which they may deem expedient.

y. Before the Commissioners of the Admindty, or any Person AstoCompen-
or Persons employed by them or acting under their Authority, Mtionfbrxim-
shall, for the Purpose of f<Hrming or excavating the said Tunnel, °^^
Shafts, Entrances, and other Works, bore or dig in, under, or
through any Lands, Dwelling Houses, or Buildings not now

E 2 vested

52

C.15.

17' & 18 • VICTORI-aE.

A.D.1854.

Commiwioners
to keep Tunnel
and Roads in
tepair.

Power for Com-
missioners to
porchase Lands
in First Sche-
dule to Act.

After Purchase
of Leasehold
Ptots of Deronp
port Yard, to
be used as One
of Her Majesty's
Dockyardis.

A certain Piece
of Ground to be
always used as
a Footway.

vested in tbcm, the said Commissioners shaU, if required bj the
Owners or Lessees thereof respectively, purchase, by Agreement
or by Arbitration, or by the Assessment of a Jury, as directed by
the ''Lands Clauses Consolidation Act, 1845," the Estates and
Interests of the Parties making any such Bequisition in the
Dwelling Houses so to be bored or dug in or under, or, at the
Option of such Owners or Lessees, make Compensations for the
Space or Portion of Ground thereunder required for the said.
Tunnel, and for the Damage done or to be done to such Dwelling
Houses or to their Literests or Estates therein ; and in the Case
of any other Buildings not being Dwelling Houses, and of Lands
not having any Building thereon, so to be bored or dug in or
under, the said Commissioners shall, if required by the Owners
or Lessees thereof, make Compensation (to be ascertained by the
Ways and Means aforesaid or one of them) for the Space or
Portion of Ground required for the said Tunnel, and for the
Damage which may be done to such Buildings and Lands ; but
in the Case of public Streets, Roads, Ways, Paths, Courts, or
Passages no Compensation shall be made for the same, nor shall
any Compensation be made for boring or digging under or over
any Sewers, Drains, Mains, Pipes, Gas Pipes, Water Pipes, or
Aqueduct, or for diverting or altering the same for the Purposes
of the said Tunnel, or for constructing the same.

VI. The Commissioners of the Admiralty shall and they are
hereby required from Time to Time and at all Times to keep or
cause to be kept the said Tunnel and the Walls thereof in good
and substantia Repair, and shall, from and after the Use of
the Roadways referred to in the First Part of the First Schedule
to this Act shall have been purchased by them, repair, amend,
and keep up, at the Charge of Her Migesty, Her Heirs and Suc-
cessors, the same Roads and Ways, and where needful fence in
that Road or Way which in the said Schedule is designated by
No. 2.

YII. It shall also be lawful for the Commissioners of the Ad-
miralty and they are hereby authorized and empowered, if they
think fit, subject to the Provisions herein and in the <* Lands
" Clauses Consolidation Act, 1846," contained, to purchase all or
any of the Lands mentioned or referred to in the First Schedule
to this Act, and all Estates and Interests therein which are not
vested in the said Commissioners at the Time of the passing of
this Act.

Vill. That all such Parts of Her Majesty's Dockyard at Devon-
port the Fee Simple of which may be purchased under or by
virtue of the Provisions of this Act shall, from and after the Com-
pletion of any such Purchase or Purchases, be always thereafter
used for One or for Part of One of Her Majesty's Dockyards, and
for Buildings, Erections, and other Works necessary for the same,
and for no other Purpose whatsoever.

IX. That the- Piece or Parcel of Land or Ground described ia
the Second Schedule to this Act shall for ever hereafter be and
be used as a public Highway or Footway or Part of a public
Highway or Footway, and for no other Purpose and no Building
or Erection whatsoever shall ever be constructed or commenced
thereon or on any Part thereof.

X. If

A.D.1854. 17« & 18» VICTORIiEL a 15. 53

X« If Any Omissioiiy Mis-statement, or wrong Description shall Errors and
have been made of any Lands^ or of the Owners, Lessees, or Oc* OmiBsionfl in
cupiers of anj Lands referred to in the said Book of Reference or ^^^^ of Befer-
mentioned in the Schedules to this Act annexed or either of them, ^Jl^ ^®"
the Commissioners of the Admiralty, after giving Ten Days Notice correctodby
to the Owners, Lessees, and Occupiers of the Lands affectml by Two Justices,
sack proposed Correction, may apply to Two Justices for the Cor- who may certify
rection thereof ; and if it shaU appear to such Justices that such ^® mae.
Omission, Mis-statement, or wrong Description arose from Mis-
take, they shall certify the same accordingly, and they shall in
such Certificate state the Particulars of any such Omission, Mis«
statement, or wrong Description ; and such Certificate shall be Certificate to
deposited with the said Clerk of the Peace, and such Certificate ^ deposited.
shall be kept by such Clerk of the Peace with the other Docu«
ments to wluch it relates, and thereupon such Book of Reference,
Schedules or Schedule, shall be deemed to be corrected according
to sach Certificate, and the said Commissioners may take any
Lands in accordance with such Certificate as if such Omission,
Mis-statemen^ or wrong Description had not been made.

XT. The Powers of the Commissioners of the Admiralty for Fowersfbroom-
the compulsory Purchase or taking of Lands for the Purposes of J?^'^?"'',
this Act shall not be exercised after the Expiration of Three ^^^^
Y«tf8 from the passing of this Act

XIL The Powers and Authorities by this Act given to the Powers giyen
Commissioners of the Admiralty relatire to the Lands mentioned ^ Commission-
and comprised in the said Book of Reference and in the Sche- pJ,SiaS made
doles to this Act annexed or either of them, shall, so far as the ^^ ^^11 as those
Commissioners of the Admiralty may at any Time or Times deem to be made,
expedient for efiecting any of the Objects of this Act, be ap-
plicable as well to any of such Lands already purchased or taken,
or agreed to be purchased or taken, as to such as shall hereafter
be purchased or taken under the Provisions of this Act.

XnL Subject to the Provisions of this Act, the^Lands which All Lands pur-
shall be purchased, taken, or acquired by the Commissioners of chased or taken
the Admiralty for the PiuT)08es of this Act or under the Pro- ^7 ^TT'
yisions of this Act, or which may have been purchased or been £*^|^^in^
agreed to be purchased as aforesaid, shall be vested in the said trust
Commissioners, their Successors in Office and Assigns, in trust
for Her Miyesty, Her Heirs and Successors, for the Public
Service, and no other Commissioners nor any Trustees nor other
Persons shall after such Purchase^ taking, or acquiring as afore-
said Iot down or construct any Road or Way, or auy Pipe for
G^ Water, or otherwise^ or any Dndn, Sewer, or Watercourse,
in, under, through, or over the said Lands, or interfere in any
Manner therewith, except in such Manner as may be previously
approved of by the Commissioners of the Admiralty in Writing
under the Hand of the Secretary of the Admiralty.

XIV. It shall be lawful for the Commissioners of the Ad- Commissioners
miralty to sell, exchange, or in any Manner dispose of or to let or may sell or let
demise all or any of the Lands purchased, taken, or acquired by 1^°^
or vested in them under the Authority of this Act, with their re-
spective Appurtenances (save and except the Property mentioned
in the Eighth Section of this Act), which shall not at any Time
or Times in the Opinion of the said Commissioners be required for

E 3 *^o

£4

C.15.

17« & 18 « VICTORIA

A.D.1854

Monies pro-
duced by Sale
of Lands to be
paid to Her
Jl^jesty's Pay-
master Gene-
ral

After Payment,
Parcbaser to
stand possessed
of the Lands so
porehased.

Moon CoTe not
to be bnlH upon
without Consent
of Admiralty.

All Works con-
nected with the
Gas Company
to be executed
to Satisfaction
of their Engi-
neer,

the Puqposes thereof, cither by public Auction or private Contnict ;
and it shall be lawful for them to convey and assign or to grant
ot demise the same or any Part thereof to any Person who shall
be willing to purchase or take the same, and for that Purpose to
make and execute all such Conveyances, Assurances, Leases, and
Agreements as may be thought proper, and also to do any other
Act, Matter, or Thing in relation to such Lands which shall by
the said Commissioners be deemed beneficial for the Public Ser-
vice in relation thereto, or fcH* the better Management thereof,
and which might be done by any other Person having the absolute
Fee Simple in any such Lands.

XV. The Monies to arise and to be produced by Sale or Ex-
change of any Lands which shall be sold or exchanged or con-
veyed under the Provisions of this Act shall be paid by the
Purchaser thei^eof, or the Person making any such Exchange, to
Her Majesty's Paymaster General for die Time being, and the
Receipt of the said Paymaster Greneral for any such Monies (such
Receipt to be indorsed on every such Conveyance as aforesaid)
shall effectually discharge the Purchaser or Person by whom or
on whose Account the same shall be so paid.

XVI. Immediately from and after the Payment of such Pur^
chase Money and the Execution of every such Conveyance as
aforesaid, the Purchaser therein named shall be deemed to stand
seised and possessed of the Lands which shall be so purchased by
and convey^ or made over to him freed and absolHtely discharged
of and from all and all manner of prior Estates, Rights, Interests,
Charges, Incumbrances, and Demands whatsoever which can or
may be had, made, or set up in respect of such Lands by any
Person whomsoever, by, from, under, or in trust for Her Mi^estj,
Her Heirs and Successors, or on any Account whatsoever, savo
and except such Estates, Rights, Interests, Charges, IncumbranceSy
Claims, and Demands (if any) as in any such Conveyance shall
be excepted.

XVII. From and after the passing of this Act, no Part of what
now forms the Creek or Cove called Moan Cove, referred to in the
Second Part of the First Schedule to this Act, shall be filled up
or interfered with, nor shall the Soil thereof or of any Part there<^
be built upon, without the previous Consent of the Commissioners
of the AdGaairilty signified by Writing under the Hand of their
Secretary.

XVIII. * And whereas in the Execution of the Works by this

* Act authorized the Mains, Pipes, Syphons, Plugs, and other

* Works belonging to the Devonport Gas and Coke Company

* may be intersected or otherwise interfered with, and it is ex-
' pedient that such Company should have full Control over the
< Execution of all Works in anyway affecting the Supply by th»n

* oi Gas, so as effectually to provide against the Supply thereof
^ being impeded :' Therefore all Works, Matters, or Things which,
under the Provisions of '' The Lands Clauses Consolidation Act,
1845," or this Act, the Commissioners of the Admiralty may be
empowered or required to do or execute with reference to the
Mains, Pipes, Syphons, Plugs, or other Worits of such Company
respectively, shall be done and executed by and at the Cost of
Her Majesty, Her Heirs and Successors, but to the Satisfaction

and

A.D.1854. 17^ & 18* VICTORI-a;. C. 15. 66

and under the Direction of and in such Manner as shall be re-
quired bj the Engineer for the Time being of the said Gas Com-
panj.

XIX If any Interruption whatsoever in the Supply of Gas by To preyent Ih-
tbe said Company shall bo in any way occasioned by the Agents, terraptioxi of
Workmen, Servants, or any other Person in the Service of Her ^^ Supply of
Majesty, or any or either of them, Compensation shall be made ***
by Her Majesty, Her Heirs and Successors, to the said Company,
for the Loss sustained, at the Bate of Ten Shillings for every
Hour during which such Interruption shall continue.

XX. Provided also, That the Expense of all Repairs or Be- As to Bepairs
newaLs of the said Pipes or IMains, or any Works in connexion pf Pipes, &c
therewith, which may at any Time hereafter be rendered neces- i"* certain Cases^
amry by the Acts or Defaults of any Contractors, Agents, Workmen,
Servants, or any other Person in the Service of Her Majesty, shall
be borne and paid by Her Majesty, Her Heirs and Successors.

XXL If^ after the Construction of the said Tunnel across, along. Powers for the
or under any Street or public Thoroughfare in which the said ^^ Company
Gus and Coke Company are authorized to lay down Mains or «ft«^ Execution
Pipes, such Company shall require to lay down Mains or Pipes ^ °' "*
across, under, over, or along the said Tunnel, it shall be lawful
for such Company, having first given at least Ten Days Notice
to the Coaunissioners of the Admiralty, by leaving the same with
the Superintendent of Her Majesty's Dockyard at Devonport^
(except in Cases or Emergency, when as long a Notice as prac-
ticable shall be given to the said Superintendent before the
Ground is opened,) to open the Ground over or along the Course
of the said Tunnel, for the Purpose of laying down, repairing,
cleansing, or inspecting such Mains or Pipes, and to lay down,
repair, cleanse, and inspect such Mains or Pipes as often as may
be requisite; provided, nevertheless, that such Works shall be
executed only according to Plans which shall be previously sub-
mitted to the Commissioners of the -Admiralty by the Devonport
Gas and Coke Company, and approved of by the Commissioners
of the Admiralty ; and the Security of the said Tunnel and its
efficient worl^ng shall not be interfered with by any such Works.

XXn. Except as by this Act expressly enacted, this Act or Saving Clause
anything herein contained shall not take away, lessen, or prejudi- *>r ^^J^^^
cially affect any of the Powers, Authorities, or Immunities granted ^^ ^l^mmv
or conferred by the Devanport Gas and Coke Act, 1853. ^ * V^J*

The FIKST SCHEDULE to which the foregoing
Act refers.

First Part thereof.
All such Parts of Her Majesty's Dockyard at Devonport in the
County of Devon, the Fee Simple of which- may not at the Time
of the passing of this Act be vested in Her Majesty, Her Heirs
and Successors, or in the Commissioners for executing the Office
of Lord High Admiral of the United Kingdom of Great Britain
and Ireland, in trust for Her Majesty, Her Heirs and Successors,
for the Public Service, and also the free Use in perj^tuity of all
ibe Boads, Roadways, Ways, and Passages followmg ; that is
to say,

^ E 4 No. 1.

56 0-15. 17*^ & 18^ VICTORIiE. A.D.1854.

No. 1. A certain Roadwaj or Passage for all Foot Passengers,
and Horses, Carts, and Carriages whatsoever, adjoining the outer
Wall of the said Dockyard on the North, South, and East Sides
thereof, and is known bj the Names following ; that is to say.
North Corner, Holman's Buildings, Queen Street, Dock wall Street,
James Street, and Mutton Cove, and extends in Length about
Three thousand eight hundred Feet, and in Width from the said
Dockyard Wall Thirty Feet.

No. 2. A certain Roadway or Passage for aU Foot Passengers,
and Horses, Carts, and Carriages whatsoever, in, over, through,
or upon all that Roadway or Passage of Thirty Feet broad or
thereabouts in every Part thereof extending in an Easterly-
Direction from a Gate or Place at the West End of Fore Street^
Devonport, in the Parish of Stoke Damerel in the said County of
Devon, called or known by the Name of the Dockyard Gate, unto
or near a Gate or Place now or heretofore called Parsons Gate,
which said Roadway or Passage is Seven hundred and two Tarda
in Length or thereabouts, and forms Part of Fore Street aforesaid,
and of the High Road from Devonport aforesaid to the Borough
of Tavistock in the said County of Devon, and which said Road*
way contains Seven thousand and twenty Square Yards Super-
ficial Measure or thereabouts, and is bounded on the North and
South partly by other Parts of Fore Street aforesaid, and partly
by liands. Buildings, Fortifications, and Works belonging to the
iS-incipal Officers of Her Majesty's Ordnance in trust for Her
Majesty, on the West partly by the said Dockyard Gate, and
partly by a Portion of the Wall of Her Majesty's Dockyard at
Devonport aforesaid, and on the East by the Turnpike Road-
leading to Tavistock aforesaid.

The Second Pabt of the said First Schedule.

All that Piece or Parcel of Ground situate, lying, and beiqg
in Morice Town in the Borough of Devonport in the Parish of
Stoke Damerel in the County of Devon, including the foUowing,
namely :

Firstly. The whole of a Yard known by the Name of Bird's
Timber Yard, containing Twenty-two thousand five hundred
and ninety-four Feet and Seven Liches or thereabouts Super-
ficial Measure.
Secondly. The Northern Portion of a Yard known as Colwell's
Yard, situate on the Western Side of the said last-named
Yard, such Portion of Colwell's Yard being in Length on
the Eastern Side thereof Seventy-four Feet or thereabouts,
and on the Western Side thereof Twenty-three Feet or
thereabouts, which said Portion containing by Admeasure-
ment Two thousand eight hundred and eleven Feet and
Eleven Inches or thereabouts Superficial Measure.
Thirdly. The Northern Portion of a Yard known as Cornish's
Yard, situate on the Western Side of Colwell's Yard afore-
said, which said Portion of Cornish's Yard is in Length on
the Eastern Side thereof Twenty-three Feet or thereabouts,
and terminates at a Point at the North-western Comer of
Cornish's Yard aforesaid, which said last named Portion

contains

A.D.1854. 17<> & 18» VICTOELaS. C.15, 16. 57

ooniaiiifi by Admeasurement One thousand and fifty-nine
Superficial Feet or thereabouts.
FourUilj. A Slip or Portion of Ground immediately adjoining
the first-named Yard on its Eastern Side, now occupied as
a Plantation and Roadway, and containing by Admeasure-
ment Five hundred and ninety*seyen Feet Eight Inches or
tho-eabouts Superficial Measure, the whole of which said
Piece or Parcel of Ground (comprising the Premises firstly,
secondly, thirdly, and fourthly in this Second Part of the
said First Schedule described) is bounded on the North by
the Keyham Steamyard and a Portion of a Creek or Cove
known as Moon Cove, on the South by the Path or Footway
of a Street or Road leading from the Northern End oi
William Street to the Northern End of Tamar Street, both
in Morice Town aforesaid, and Portions of the said Colwell's
Yard and Cornish's Yard, on the East by a Piece of Ground
forming a Portion of the Western Footpath of Morice Place
in Morice Town aforesaid, and on the West by a Portion of
Colwell's Yard aforesaid and Moon Cove aforesaid, which
said Piece or Parcel of Ground (comprising the Premises
firstly, secondly, thirdly, and fourthly in this Second Part of
the said First Schedule described,) contains in the whole
Twenty-seven thousand and sixty-three Feet and Two Inches
or thereabouts Superficial Measure.

The SECOND SCHEDULE to which the foregoing
Act refers.

AH that Piece or Parcel of Ground situate and being in Morice
Town in the Borough of Devonport in the Parish of Stoke Damerel
in the County of Devon, forming or which is intended to form a
Portion of the Western Footpath of Morice Place in Morice Town
aforesaid, which said Portion of Footpath was lately dedicated or
intended to be dedicated by the Trustees of the Lord of the Manor
of Stoke Damerel to the Use of the Public, and containing by
Admeasurement Eight hundred and ninety-six Square Feet and
Four Inches or thereabouts Superficial Measure, which said Piece
or Parcel of Ground is bounded on the North by the Keyham
Steamyard, on the South hj the Northern Footpath of a Road or
Street leading from the Northern End of William Street to the
Northern End of Tamar Street in Morice Town aforesaid, on the
East by the Western Footpath of Morice Place in Morice Town
aforesaid, and on the West by a Slip of Ground occupied as a
Plantation and Roadway.

CAP. XVI.

An Act to amend the Act of the Thirteenth and Fourteenth
Vtctaria, Chapter Sixty-one, and the Act of the Fifteenth
ftod Sixteenth Victoria, Chapter Fifty-four.

[2d June 1854.]

BE it enacted by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
ind bv the Authority of the same, as follows :

•^ I. That

58 C. 16, 17. 17^ & 18*^ VICTORIuS. A.D.1854.

Bight of Ap- L That the Right ftnd Mode of Appeal given by the Fourteenth

pealgiTenby Section of tho Act of the Thirteenth and Fourteenth Vicioria^

%^i' il V Chapter Sixtj-one, as amended by the Second and Third Sections

iei.toectend ®^ *^® ^^^ ^ ^^® Fifteenth and Sixteenth VicUma, Chapter

to CftKB in Fift j-four, shall extend to all Cases decided after the passing of

which Jurisdic- this Act in which Jurisdiction is given by the Seventeenth Section

tion is given by of the said first-mentioned Act in consequence of the Agreement

** ^^* of Parties ; but it shall be lawful, when both Parties shall desire

that the Decision of the County Court Judge shall be final, to

exclude such Right of Appeal, by expressing such their Desire in

the Memorandum of Agreement directed by the said Seventeenth

Section to be filed with the Clerk of the Court.

Petitions for IL The Provisions of the Eighteenth Section of the Act of the

Protection from Fifteenth and Sixteenth FictorMt, Chapter Fifty-four, shall extend

^^SSn'ttl* fto- *® ^^ Cases of Petitions for Protection from Process made to a

^ong of\he County Court under the Provisions of the Acts of the Fifth and

8th Section of Sixth Victaria^ Chapter One hundred and sixteen, of the Seventh

15 & 16 Vict, and Eighth Victoria^ Chapter Ninety-six, and of the Tenth and

c 54. Eleventh Victoriay Chapter One hundred and two, as fully as if

the filing of every such Petition had been required to be roistered

by the said Eighteenth Section of the first-recited Act

CAR XVII.

An Act to make further Provision for defining the Boon-
daries of Counties^ Baronies, Half Baronies, Parishes,
Town Lands, and other Divisions ' and Denominations of
Land in Ireland for public Purposes. [2d Jutm 1854.3

* TV^HEREAS by an Act passed in a Session of Parliameat
^ ^ ^ held in the Sixth Year of the Reign of His late Majest j
' King George the Fourth, Chapter Ninety-nine, it was amongat
^ other Matters enacted, that from and lUTter the passing of the
^ said Act it should and might be lawful for the Lord Lieutenant
' or other Chief Governor or Governors of Ireland^ at any Time

* or Times and from Time to Time, as to him or them should or
' might seem fitting and expedient, to nominate and appoint any

* Person or Persons, as such Lord lieutenant or other Chiei
' Governor or Governors should think necessary and expedient^
^ to ascertain and mark out the reputed Boundaries of all and

* every or any Barony, Half Barony, Townland, Parish, or other

* Division or Denomination of Land, by what Name soever any

* such Division or Denomination should or might be known or
^ called, in any and every Part of Ireland^ and to appoint any and

* every such Person or Persons to be Surveyors or a Surveyor
^ for the carrying into efiect the Purposes of said Act : And
' whereas in pursuance of the said Act such Boundaries were duly
' ascertained and marked out ; but in consequence of the recent
' Alterations of the Course of Rivers and oUier Changes which
' have taken place in such Boundaries, or where, in consequence

* of Land having been reclaimed from the Sea or a tidal River
' or a Lake, it is necessary, for the Purpose of the Ordnanoe
' Survey, and also for other public Purposes, that Provision
^ should be made for the Revision of such Boundaries :' Be it

therefore

A J).1854. 1 7» & 18* VICTORIA. C. 17. 69

thercfoire enacted bj the Queen's most ExceQent Majesty, bj and
irith the Adrke and Consent of the Lords Spiritual and Temporal*
mad CommoBs, in this present Parliament assembled, and by the
Anthoritj of the same, as follows :

L From and aH»r the passing of this Act, it shall and may be Power to Loid-
bprfbl for the Lord Lieutenant or other Chief GoTemor or Lieutenant to
GoTemors of Irdamdj at any Time or Times and from Time to appoin* Sur-
Time, as to him or them shall seem fitting and expedient, to ^^J!^^^*
nominate any One or more Persons to ascertain and mark out Boundaries of
any 6;och Alterations in the reputed Boundaries of all and every Baronie8,Town-
or any County, Barony, Half Barony, Parish, Townland, or other lands. Parishes,
Division or Denomination of Lanc^ by what Name soever any ^ *°^ remove
such Division or Denomination shall or may be known or called, pj*^,!^^
in any and every Part of Irelandy and that the Lord Lieutenant
may freaa Time to Time remove such Person or Persons, and
upon the Removal, Sengnation, or Death of any such Person or
Persons so appointed shall and may nominate any other Person
in the liace or Stead of the Person so dying, resigning, or
removed.

IL Every Person so from Timo to Time to be appointed shall Power to Bonn-
be called the " Boundary Surveyor ;" and it shall and may be ^T Surveyors
lawfnl for every such Boundary Surveyor to appoint and employ ak^^^Bwp-
sndi Surveymrs and other Persons as ho may deem necessary to YeywB.
assist him in carrying this Act into execution, and from Time to
Time to discharge and remove such Persons or any of them, and
to appoint other Persons in their Stead : Provided nevertheless,
that the Appointment or Removal of any such Surveyor or other
Person shall not be valid or effectual until the same respectively
diaU have been af^roved of by the Lord Lieutenant or other
Chief Governor of Irekmd by Writing under the Hand of the
Chief or Under Secretary for the Time beinp:.

HL When the Boundary Surveyor for the Time being shall Power to Sur-
find that any Change or Alteration has taken place in the Course veyor to mark
of any River, Stream, or Fence vrhich had before formed the out Md define
Boimdaiy of any County, Barony, Parish, Townhind, or other ^^^!^'
Division or Denomination of Land, or in any Part of such Boun-
dary, as marked oat under the said recited Act, or that anv Land
has heen reclaimed from the Sea or a Tidal River or a Lake, it
fiball be lawfal for such Boundary Surveyor to ascertain, define/
and mark out the pres^it admowledged or reputed Boundaries of
every sudi County, Barony, Half Barony* Parish, Townland, or
other Divisimi or Denomination of Land, or of such Portion or
Portions thereof respectively, as such Boundary Surveyor may
deem it necessary to ascertain, define, or mark out.

IT. For the Execution of the Purposes of this Act, it shall and Surveyor, &c
Jnay be lawful for any Surveyor appointed under this Act, and for ®JS^^[2J^*J,
tny other Person acting in aid or under the Orders of such Sur- £° Boundaries,
v^or, and for any Officer or Person appointed by or acting under
the Orders oi the Master General and Board of Ordnance, and
tbej are hereby respectively authorized and empowered, from
Tune to Time to enter into and upon any Land or Ground of any
P^TWD or Persons whomsoever, for the Purpose of making and
^■nying on any Survey authorised by this Act, or by the Order
, «f the Master General and Board of Ordnance^ and for the Pur-
pose

60 C. 17. 17* & 18* VICTORIA. A.D.1854.

pose of fixing any Object to be used in the Survej, or anj Post,
Stone, or Boundary Mark whatsoever, and to fix and place any
such Object, Post, Stone, or Boundary Mark whatsoever in the
Land or Ground, or upon any Wall, Tree, or Post in the Land
Or Ground of any Person or Persons whomsoever, and to dig up
any Ground for the Purpose of fixing any such Object, Poat^
Stone, or Boundary Mark, and also to enter upon any Lands or
Grounds through which any such Surveyor shall deem it neces-
sary and proper to carry any Boundaxy Line for the Purposes of
this Act, at any Time or Times whatever : Provided always,
that such Surveyor and his Assistants and Workmen shall do as
little Damage as may be in the Execution of the several Powers
to them granted by this Act.
Sorreyor shall V. When it shall appear to such Boundary Surveyor that the
asoertam Boundary or Portion of the Boundary (as the Case may be) of

^^^^*th*"^ any County, Barony, Half Barony, Parish, Townhmd, or other
f?y^ out the Divigion or Denomination of Land is sufELciently ascertained, such
Boundary shall be marked out by such Boundary Surveyor or
such other Person or Persons as he shall appoint for that Purpose
in such substantial and durable Manner as he or they shall think
fit and necessary.
Jtoaky on ob- VL If any Person or Persons shall wilfully obstruct or hinder
stnictiiig Sor- any Surveyor in the Execution of his Duty in or about the
veyor, &c in ascertaining and marking out of the Boundaries of any County^
l^^onof Barony, Half Barony, Townland, Parish, or Division, under the
Provisions of this Act, or shall assault any such Surveyor, or
shall in any way resist such Surveyor in the Performance of his
Duty under this Act, or shall obstruct, hinder, assault^ or resist
any Collector, or any Workman or other Person acting in aid of
any such Surveyor in the Execution of this Act, every Person so
ofiending, and being thereof convicted in manner Ikerein-after
mentioned, shall forfeit and pay a Sum not exceeding Ten Pounds
and not less than Two Pounds, in the Discretion of the Justice
before whom such Ofiender shall be convicted.
Fenal^ <m VH. If any Person shall fill up any Trench, or take away,

removing or de- remove, or displace or alter the Situation of any Boundary Stone,
2^l^"°1t" ^^^ ^^ M^k which shall be set up and placed for the Purposes
ries, Stones, &c ^f ^^^^ ^^^^ ^^ gj^^j^ ^ifuUy deface, mutilate, break, or destroy
any such Boundary Stone, Post, or Mark, every Person so offend-
ing, and being thereof convicted in manner herein-after mentioned^
shall forfeit and pay a Sum not exceeding Ten Pounds and not
less than Two Pounds, in the Discretion of the Justice before
whom such Ofiender shall be convicted.
Fenaltief may VIH. All Penalties imposed by this Act may be recovered
bereoovered before any Justice of the Peace under the Provisions of the Petty
before Justices Sessions (Ireland) Act, One thousand eight hundred and fifty-
one.
Appeal against IX. If any Person or Persons interested in any such Boundaries
Boundaries may shall be dissatisfied with or shall have any Objection to any Bonn*
^"**^£«- dary Line or any Part thereof as marked out by any Surveyor
^Jf**' ^^^ under the Provisions of this Act, it shall and may be lawful for
such Person or Persons to appeal to the Justices of the Peace at
the next General or Quarter Sessions of the Peace to be holden
for the Division of the County in which such Boundary Line or

any

AJD.1854. 17" & 18° VICTORLE. * C.17. 61

an J Part thereof so objected to shall be sitaate, and every Person
80 appealing shall (i£ there shall be sufficient Time after the Cause
of Complaint shall hare arisen) first give or cause to be given
Twen^-one Days Notice at least in Writing of his or her Inten-
tion of bringing such Appeal, and of the Matters thereof, to the
Clerk o£ the Peace of such County, and within Seven Days next
after the Date of such Notice shiJl enter into a Recognizance
before some Justice of the Peace of such County, with Two
aafficient Sureties, conditioned to bring such Appeal to a Hearing,
and to abide by or to submit to the Order thereon, and to pay
SQch Costs as shall be awarded by the Justices at such Quarter
Sessions or any Adjournment thereof ; and for Want of sufficient
Time fcH* giving such Notice previous to the Quarter Sessions
next after the Cause of any such Complaint shall have happened,
then such Appeal, after such Notice and under such Recognizance,
may 'be made at the Second General or Quarter Sessions of the
Peace to be holden for such Division of such County, and the
Clerk *of the Peace, within Six Days after the Receipt thereof,
aball give Notice of such Appeal to the Boundary Surveyor, and
also to the Churchwardens or Churchwarden of the Parish or
Parishes within or between which such Boundary Line or such
Part thereof as shall be objected to shall be situate, and such
Churchwardens or Churchwarden shall post Copies of such Notice,
or shall cause the same to be posted and affixed, on the most public
Doors of the Churches and other Places of Public Worship within
such Parish or Parishes, and at such other Places as are appointed
by Law for the posting of Notices in such Parishes, on the Sunday
next after the Receipt of such Notice by such Churchwardens or
Churchwarden ; and the Justices at such First or Second Sessions
or any Adjournment thereof, upon due Proof of such Notice having
been given as aforesaid, and of the entering into such Recog-
niaance, shall hear and finally determine the Cause and Matter of
such Appeal in a summary Way, and shall and may award such
Costs to the Party appealing or appealed against as they the said
Justices shall think proper, whether such Appeal shall have been
entered and tried or not ; and it shall be lawful for such Justices
at such Sessions, by their Order or Warrant, to levy such Costs
so awarded by Distress and Sale of the Goods and Chattels of the
Person or Persons who shall refuse or neglect to pay the same,
and for Want of sufficient Distress to commit such !rerson or Per-
sons to the Common Gaol or House of Correction for such County,
there to remain for any Time not exceeding Two Calendar Months,
or until Payment of such Costs.

X* In all Cases Jn which it is proposed to make any Alteration Boondary Sor-
of the Boundary of any County or Barony, the Boundary Sur- veyortosohinit
reyor shall submit to the Grand Jury of such County for Approval ***^^* ^^
a Report setting forth the Detail of the proposed Alterations in ^^Jos^T*
such Boundaries, with the Grounds for making the same, accom- Al^^^in
panied by a Map showing the Boundary or Boundaries as origi* any County or
nally laid down^on the Ordnance Plans of such Counly or Barony; Barony, &e.
and in all Cases of Alteration in the Boundary between Counties
a Report and explanatory Map shall be submitted for Approval
to the Grand Juries of both Counties, and shall, after such Ap-
proval, be fiated by the Judge of Assize in each County at the

same

68 C. 17. 17:» & 18 • VICTORIA A.D.1854.

same Spring or Summer Assizes^ as the Case may be, before anj
farther Proceedings take place in regard to the Alteration of snch
Countj Boandary : Provided always^ that in case any Appeal shall
have been lodged to Quarter Sessions against any such Alterations,
such Reports shall not be so submitted until such Appeal shall
have been determined.
Boundary Sur- XL In all Cases in which it is proposed to make an Alteration
veyor to submit jn ^^j Boundary from that heretofore laid down on the Ordnance
L^'lieutt "^**° ^^ *"^ County, whether such Alteration refers to the Bovm-
nant, shoeing ^Aries of Counties, Baronies, Parishes, Townlands, or other De-
original and nomination, the Boundary Surveyor shall, with all convenient
altered Boon- Speed after such Alterations shall have been so fiated, prepare
darlM,whomay nn^ make out a Report in detail of the proposed Alteration in
B^dM^'hSu ^^^ ^^ ^^^^ Boundaries, with the Grounds for making snch
for'miblic Pur-* Alteration, accompanied by a Plan or Plans showing in detail
poses, be deem- the original Boundaries as laid down on the Ordnance Plans, and
edtheBonndary those which it is proposed to substitute for them, and shall submit
of such County, the same to the Lord Lieutenant and Privy Council, who may, if
^^' he or they shall think fit so to do, make (k-der directing that the

new Boundary so marked out by the Boundary Surveyor, or so
altered by the Justices on the hearing of such Appeal, (as the
Case may be,) or such Portion or Portions of either of such
Boundary Lines as such Lord Lieutenant shall think proper, shall
for all public Purposes be and be deemed and taken to be the
Boundary of or Portions of the Boundary, as the Case may be, of
such County, Barony, Parish, Townland, or other Division or
Denomination of Land.
I/)rd Lieute- XII. The said Lord Lieutenant in Coancil shall and may by

"*"* ?*y ^\ every such Order as aforesaid fix and declare from what Period

^odX^e ^^ ^^^°^ ^^^ ^^^ ®^^^ ^^^ ^^^® *°^ ^j^^ ^^ ^^^ Matters

shall take effect, ^ respect of the Right of voting at Elecdons of Members to serve

and adjust all in Parliament by Persons holding or occupying Houses, Lands,

Matters in re- or Tenements in such County or Barony, and for the Alteratiaii

spe^to Right ^ Amendment of the Lists or Registers of Electors accordingly,

£le^^^^ and in'respect of the Assessment, Applotment, and Levj of Grrand

Jury, and all other Rates and Assessments, and in respect of all

other Matters and Things proper or necessary to be settled and

adjusted in consequence of such Order; and the Order <^ the

said Lord Lieutenant in Council shall be conclusive and binding

in Law in respect of the several Matters and Things therein

contained ; and every such Order shall be published in Uie DuUm

CtoxeUe; and a Copy or Copies of such Order, certified under the

Hand of the Clerk of the said Couneil, shall be transmitted to

the Clerk of the Peace for each County to which such Order shall

in any way relate, to be by him kepi and preserved in his Office^

and exhibited at all reasonable Hours to any Person or Persons

who may desire to inspect the same, without Fee or Reward.

I'ord Lieute- XIU. It shall be lawful for the said Lord Lieutenant in Council,

""rfcmmta ^ from Time to Time, as Occasion may require, to make any supp^

^^^^^j^ mental Order or Orders for removing such Doubts or setUing such

moving l>oubts Disputes as may arise in consequence- of the Changes efiected by

or settling Dis- virtue of the iSrovisions herein^before contained % and every sudi

putes, &C. supplemental Order shall be published, and transmitted to the

Clerk of the Peace, to be by him proserved, and exhibited lor

Inspection

AJ)a854. 17° & 18* VICTORIJE. C. 17- 8S

Inspection in like Manner as herein-before provided in respect
of any original Order ; and every such supplemental Order shall
baje the same Foroe and Effect as if it had formed Part of any
original Order made under the Provisions of this Act.

JLlV, No Order made in pursuance of this Act shall in any Act not to
way affect the Boundary or Boundaries of any Land with refer- affect the
ence to any Right, Title, Claim, Possession, or Interest therein ; ?^?*^°^
nor staJi the D^ription or Denomination in any Pleadings or J^t to'^Ste
P^ooeedinga, Criminal or Civil, in any Court of l4iw or Equity, ^OYnmT
pending or instituted previous to the Time limited for such Order
taking effect, be in any way vitiated or affected thereby ; and in
the Case of any Suit or Proceeding, Criminal or Civil, pending or
instituted previous to the Time assigned in and by such Order
for the same taking effect, such Suit or Proceeding shall and may
be continued as if no such Order had been made, and without
r^ard thereto^ and the said Order shall in respect of such Suit
or Proceeding, and- any and every Matter relating thereto, be
void and of none effect; and wherever, in any Deed or Instru-
ment made previoos to the Time appointed for such Order taking
effect, any Portion or Portions of Land shall have been described
or denominated by the Name of the County, Barony, Half Baron j.
Parish, Townland, or other Division or Denomination of Land to
vrhich the same may have originally belonged, such Portion or
Portions of Land shall be deemed and taken to have been de-
scribed or denominated by the Name of the County, Barony, Half
Barony, ParLsh, Townland, or other Division or Denomination of
L*nd to which it shall be by such Order united, as if such last-
mentioned County, Barony, Half Barony, Parish, Townland, or
other Division or Denomination of Land to which the same
originally belonged ; and such Portion or Portions of Land shall
and may, in all Suits and Proceedings at Law or Equity at any
Time afterwards instituted, be de^icribcd and denominated as be-
longing to the County, Barony, Half Barony, Parish, Townland,
or other Division or Denomination of Land to which it shall be
so united by such Order.

XV. The Boundary Surveyor and every other Surveyor or LoidLieate-
Tentm who shall be employed in the Execution of this Act nantto£xB*-
shall be entitled to receive for his Trouble and Loes of Time mxmeratloiirf
sueh Sam and Sums of Money and Allowance for TravdlUng ?^Sf2.
and Hotel Expenses as shall be fixed by the Lwd lieuteaaat ; '^^^'
which Sams of Money and Allowances shall be paid by the Corn*
■uaaiooers of Her M^esty's Treasury, at such Times and under
such Regulations as shaU be fixed by the Lord Lieutenant and
tke said Commisncmars, oat of Monies to be provided by Parlia-
ment for that Purpose.

JLYL In the Construction of this Act the Word ** Lord Lieu- Oonstmetion
tenant ^ shall be deemed to mean Lord Lieutenant or other Chief of certain
Governor or Governors of Ireland; the Word "County" shall Tenns.
include County of a City, County- of a Town, and Towns Corporate,
and where Conntks have been divided into Ridings, each Riding
i^kkH for the Foiposes of this Act be deemed and taken to be a
separate Coonty ; the Word ^ Pftrish "* shall include all Chapelries

or

84 C.17,18. 17^ & 180 VICTORIA. A.D.1854.

or Divisions of Parishes^ or extra-parochial Divisions, and all
Unions of Parishes.

Extent of Act XVU. This Act shall extend to Ireland onlj.

CAP. XVIII.

An Act for the Encouragement of Seamen and the more
effectual Manning of Her Majesty's Navy during the
present War, [2d June 1854.]]

« \117HEBEAS Her Miyestj, by Her Order in Council, dated

* ▼ ▼ the Twenty-ninth Day of March in the Year One thou-

* sand eight hundred and fifty-four, was pleased to order that

* general Reprisals be granted against the Ships^ Vessels, and
< Goods of the Emperor of All the Bussias, his Subjects, and

* others inhabiting within any of his Countries, Territories, or

* Dominions, so that Her Majesty's Fleets and Ships shall and

* may lawfully seize all Ships, Vessels, and Gk)ods belonging to

* the Emperor of All the Bussias^ or his Subjects, or others

* inhabiting within any of his Territories, Countries, or Domi-

* hions, and bring the same to Judgment in such Courts of Admi-

* ralty within Her Majesty's Dominions, Possessions, or Colonies,
' as shall be duly commissioned to take cognizance thereof:

* And whereas Her Majesty hath of Her Royal Munificence been

* graciously pleased, by Her Proclamation bearing the same Date,

* to declare Her Intention to giye the Benefit of all Prizes taken

* during the present War to the Captors thereof, being in Her

* Majesty's Service (save as therein excepted) : Now for the

* Encouragement of the OflScers and Crews of Her Majesty's

* Ships and Vessels of War, and for inducing all British Seamen,

* who may be in any Foreign Service to return into this King-

* dom, and become serviceable to Her Majesty ; and for the more

* effectually securing and extending the Trade of Her Majesty's
' Subjects ;' be it enacted by the Queen's most Excellent Msgesty,
by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assem-
bled, and by the Authority of the same, as follows :

Short Title of 1* 1*l^^s Act may for all Purposes be cited as ** The Prize. Act,

Act. BussiOy 1854."

Gommenoement H. This Act shall come into operation on the First Day of

of AcL June One thonsand eight hundred and fifty-four.

Ihteipretation ^H. In the Construction of this Act, the following Terms shall

ofoertainTerms have the Meanings hereby assigned to them, if not inconsistent

in thi« Act with the Context or Subject Matter :

*^ Her Majesty" shall include Her Majesty, Her Heirs and

Successors :
*' Lords of the Admiralty " shall include the Lord High Admiral
and also the Commissioners for executing the Office of
Lord High Admiral of the United Kingdom of Great
Britain and Ireland for the Time being :
*' Court of Admiralty" shall include the High Court of Admi-
ralty of England and all Admiralty, Vice- Admiralty, and
other Courts, having or exercising Admiralty Juriscuction

within

A.D.1854. 17*^ & W VICTOKI^. C. 1 8. 65

within Her Majesty's Dominions^ which shall be duly

aathorized to take cognizance of and judicially to proceed

in Matters of Prize :
** Vice- Admiralty Ck>urts " shall include all such Courts other

than the Hi^h Court of Admiralty of England :
^ Judge* shall include any Judge, Deputy Judge, Surrogate,

or other Person duly appointed to act as Judge in any

Court of Admiralty :
** Ship and Vessel * shall include all and all Manner of Ships,

Vessels, and Boats :
** Her Mi^esty's Ships and Vessels of War" shall include all

Ships and Vessels belonging to Her Majesty, as also any

hired armed Ships or Vessels in Her Majesty's Service :
** Officers and Crew" shall include all Flag Officers, Com*

manders, other Officers, Engineers, Seamen, Marines, Sol«

diers, and others on board any of Her Mi^est/s Ships or

Vesseb of War :
*' Croyemment Accountant " shall include any Officer in charge

o£ public Money, whether belonging to the Commissariat^

Customs,, or any other Department, who may have been, or

may be hereafter, appointed by the Lords of the Treasury

or Admiralty.

IV. All Vice- Admiralty Courts within Her Majesty's Domi- Yice-Admiralty
nions are hereby empowered, directed, and required to enforce Courts to en-
upon all Persons within their respective Jurisdictions all Orders ^^ Orders of
whatsoever of the High Court of Admiralty of England, whether ^^j^^ ^
relating to Prises or to any Matter or Thing arising therefrom. ^'

V. The Officers and Crew of any of Her Majesty's Ships or Shipsand Goods
Vessels of War shall have the whole Bight and Interest to and taken by Her
in the Proceeds of all and every Ship, Vessel, Goods, and Mer- ^!^^^P*
chandise which they have taken or shall hereafter take during the ^i^to Sb "
Continuance of Hostilities against the Emperor of All the Russias, divided accord-
after the same shall have been adjudged lawful Prize in any ing to Her Ma-
Court of Admiralty, such Proceeds to be divided in such Proper- jesty's Procla-
tions and after such Manner as Her Majesty by Her Proclamation >>^a^><'°*

has already ordered and directed, or as Her Majesty shall think
fit to order and direct by any Proclamation hereafter to be issued :
Provided nevertheless, that whenever any Prize shall be taken Share reserved
by any of Her Miyesty's Fleets, Squadrons, Ships, or Vessels of 7^^ ^^^ *^
War, while acting in conjunction with any Fleets, Squadrons, "» «Myonction-
Ships, or Vessels of War of any other Power in alliance with Her
Majesty, the Court of Admiralty adjudicating thereon shall appor-
tion to such Ally a Share of the Proceeds of such Prize, after the
same has been condemned, proportionate to the Number of Offi-
cers and Men present and employed by such Ally, as compared
with the Number of Officers and Men present and employed on
the Part of Her Msjesty, in taking such Prize, and without refer-
ence to their respective Ranks ; and the Share so apportioned to
rach Ally shall be transmitted to such Persons as may be duly
authorized on behalf of such Ally to receive the same.

VI. The Officers and Crews of any of Her Majesty's Ships or Anns, Stores,
Vessels of War who shall take any Fortress, or any Arms, Ammu- ^^' ^^V^ ^^
nition. Stores of War, Goods, Merchandise, or Treasure belonging s^'lgin^J"
to the State, or to any public trading Company of any of Her fof^bs on

17 fc 18 Vict. F Majesty's

«6

G18.

17" & 18^ VICTORIA

A.D.1854.

Land, and Ships
and Goods in
any Creek, &c.
defended ihere-
by, to be di-
vided as other
Prixe.

As to Diyiiions
of Prize taken
in conjunct Ex-
peditions of the
Army and
Navy.

IVOYISO.

Naval Stores
found on board
Porrign Ships
may be pnr-
chsised by the
Admiralty for
the Public
Service.

Majest/s Enemies upon the Land, or any Ship or Veseel, or
Goods or Merchandise laden on board the same, in any Creek^
River, Haven, or Road belonging to or defended by Boeh Fortress,
or in any way whatsoever belonging to such Enemies, shall liavo
the sole Right and Interest to and in the Proceeds of all and
every such Ship or Vessel, Arms, Ammunition, Stores of War,
Goods, Merchandise, and Treasure, after final Adjudication
thereof as lawful Prize to Her Majesty in the Court of Admiralty ;
and such Court is hereby required judicially to proceed thereon
as in other Cases of Prize, and such Proeeed^ shall be apportioned
in such Manner and Proportions, both as to Her Majesty's Allies
and otherwise, as in other Cases of Prize.

VII. In conjunct Expeditions of the Navy and Army against
any Fortress or Possession of Her Majest/s Enemies upon the
Land, the Flag and General Officers, Field Officers of the Army,
Captains, Commanders of the Navy, and other Officers, Engineers,
Seamen, Marines, Soldiers, and others acting on such conjunct
Expedition, shall have such proportional Bi^t and Interest as
Her Majesty shall think fit to order and direct in all the Arms,
Ammunition, Stores of War, Goods, Wares, Merchandise, and
Treasure belonging to the State, or to any public trading
Company of such Enemies, which shall be found in such Fortress
or Possession, and also ii^ every Ship or Vessel, with the Arms,
Ammunition, Tackle, Apparel, and Furniture thereof^ and all the
Goods, Wares, and Merchandise and other Effects on board the
same, which shall be captured in any Road, Haven, River, or
Creek belonging to or defended by such Fortress or Possession,
after final A^udication thereof as lawful Prize to Her Majesty in
any of the Courts aforesaid ; and such Courts are hereby required
to proceed and adjudicate thereon as in other Cases of Prize, and
the Share assigned to the Fleet by such Directions shall be dii»-
tributed in the same Manner and Proportions as in other Cases
of Prize, and the Share assigned to the Army shall be distributed
amongst the Officers and Soldiers, in such Manner as Her Majesty
shall under Her Sign Manual be pleased to direct: Provided
nevertheless, that the Right and Interest hereby given to the
Army employed on such conjunct Expeditions shall not entitle
the said Army to share in the Distribution of any Ship, Vessel,
Goods, or Merchandise, or other Effects, captured in the Voyage
to or from such Fortress or Possession.

Vin. * And whereas Ships and Vessels of Foreign Nations

* may pass the Seas laden with Naval and Victualing Stores

* intended to be carried to the Ports of Countries at War with

* Her Majesty, whereby Her Majesty's Enemies may be supplied

* with Materials to build, fit out, and provision Ships and Vessels

* of War : And whereas divers Ships and Vessels of Foreign
' Nations laden as aforesaid may be taken and brought into the
« Ports of Great Britain^ and the Purchase of such Stores laden

* on board such Ships and Vessels of Foreign Nations for the

* Service of Her Majesty may in many Cases be expedient

* without proceeding to the Condemnation thereof:* Be it there-
fore enacted. That the Lords of the Admiralty, or their Officers
or Agents, may purchase on the Account or for the Service of*
Her Majesty all or any such Stores found on board any such

Ships

A.D.1854- 17« & 18" VICTORLai C. 18. 67

Ships or Veeeelfl of Foreign Nations brought into Port as afore*
said ; and the Commissioners and Officers of the Customs for the
Time being maj permit such Stores so purchased as aforesaid to
be entered and hmded within any of the Ports of Her Majesty's
Dominions.

IX. Any Ship, Vessel, Groods, or Merchandise belonging to any British Ships
of Her Majest^^s Subjects captured by any of Her Majesty's «nd Vessels re-
Enemies, and afterwards recaptured from the Enemy, by any of <»pt"red to be
Her Majesty's Ships or Vessels of War, shall be adjudged by the 3^!!^*'''^
Decree of the Court of Admiralty to be restored to the Owner or Salvj^ ^
Proprietor thereof upon Payment for and in lieu of Salvage of

One Eighth Part of the true Value of the said Ship, Vessel,
Goods, or Merchandise respectively, and such Salvage of One
Eighth shall be divided and distributed in such Manner and Pro-
portion as is herein-before directed in Cases of Prize : Provided In what Case to
never^eless, that if any such Ship or Vessel captured and recap- ^ decreed as
tnred as aforesaid shall have been by Her Majesty's Enemies set ^^"^ ^ize.
forOk or used as a Ship or Vessel of War, it shall not be restored
to the former Owner or Proprietor thereof, but shall be a^udged
lawful Prize for the Benefit of the Captors.

X. Any Ship, or Vessel, belonging to any of Her Majesty's Ships of Her
Subjects, whether in Ballast, or laden with any Goods or Mer- M^esty's SuV-
chandise belonging to the same, which shall have. been captured ^fore^SSed
by the Enemy and recaptured by any of Her Majesty's Ships and j^^ p^^ may
Vessels of War before the same shall have been carried into an be allowed to
Enemy's Port, may, with the Consent of the Recaptors, prosecute prosecute their
hei* Voyage, and it shall not be necessary for the Recaptors to Voyage.
proceed to Adjudication till the Return of the Ship or Vessel to

some Port within the United Kingdom ; and the Master or Owner
thereof^ or his Agent, may, with the Consent of the Recaptor,
unlade and dispose of the Cargo before Adjudication ; and in case
the Ship or Vessel shaU not within Six Months return to some
Port within the United Kingdom, the Recaptor may, notwith-
standing, institute Proceedings against the said Ship or Vessel,
Goods or Merchandise, in the High Court of Admiralty of
England, and the said Court may thereupon award One Eighth
Part of the Value of the said Ship, Vessel, Goods, or Merchandise
to the Recaptor thereof, and may enforce the Payment thereof
eitb^ by Warrant of Arrest against the said Ship or Vessel,
Goods or Merchandise respectively, or by Monition and Attach-
ment against the respective Owners thereof.

XI. ^ Whereas it is expedient to give Encouragement to the Bounties to be

* Officers and Crews of Her M^est/s Ships and Vessels of War to granted on Cap-

* attack and destroy any armed Ships or Vessels of War, or Pri- ^^^f^^l^

* vateers, belonging to the Enemy : ' Be it enacted. That the Offi- j^^^
cers and Crews of any of Her Majesty*s Ships or Vessels of War

who shall have been actually- present at the taking, sinking,
burning, or otherwise destroying of any Ship or Vessel of War
or Privateer belonging to Her Mjegesty's Enemies shall be entitled
to a Bounty of Five Pounds of lawful Money of Great Britain for
each and every Person who was alive on board any such Ship or
Vessel of War or Privateer belonging to Her Majesty's Enemies
at the Beginning of the Attack or Engagement between them,
the Numbers of such Persons respectively to be proved ^J}^^

68

C.18.

!?•& 18« VICTORIA

A.D.1854»

BeguIatioDS of
Prize to apply
to Bounty, &c.
assigned by
AlUes.

Exception as to
Vessels in the
Service of the
Customs or In-
land Beyenue.

How many
small armed
Ships may be
included in One
Adjudication.

Captures
brought into
Fort to be
handed oyer to
Marshal or Offi-
cer of Customs.

Mode of Proce-
dure against
Prize,

Ship's Papers, or by the Oaths of Three or more of the Persons
belonging to the said Enemy's Ship or Vessel of War or Privateer,
if so many shall survive, or by the Oaths of the Survivors, or if
there be no Survivor, then by the Oaths of Three or more of the
Officers and Crew of the capturing Ship or Vessel, or by such
other Evidence as under the Circumstances of the Case shall by
the Judge of the Court of Admiralty be deemed sufficient Proof
thereof ; and such Bounties shall be paid out of any Monies voted
by Parliament for that Purpose, or out of the Consolidated Fund
of the United Kingdom of Great Britain and Irelandy upon the
Production of an Official Copy of the Decree of the said Court of
Admiralty, setting forth the Number of Persons who were alive
on board such Ship or Vessel of War or Privateer belonging to
the Enemy at the Beginning of the Attack or Engagement
between them ; provided that every such Decree shall be subject
to Appeal as is herein-after provided in Cases of Prize.

XIL All Provisions contained in this Act respecting the Dis-
tribution of Prize shall apply to Bounty Money, Salvage upon
Recapture, as well as to any Shades of Prize which may be
awarded by the Prize Court of any Ally to the Officers and
Crews of Her Majesty's Ships and Vessels of War present at the
Capture of any such Prize.

XIIL Ships, Vessels, Goods, and Merchandise captured by any
private Ship or Vessel hired by or in the Service of Her Majesty's
Commissioners of Customs or Inland Revenue shall belong to ller
Majesty in Her Office of Admiralty, and be applied and disposed
of in such Manner as Her Majesty under Her Sign Manual shall
order and direct, after legal Adjudication thereof.

XIV. For the Encouragement of the Capture of armed Ships
and Vessels belonging to the Enemy, be it enacted, That it shall
be lawful for the Captors to include in One Adjudication any
Number, not exceeding Six of such small armed Ships, having a
Commission or Letter of Marque from the Enemy, not exceeding
Seventy Tons each, and which shall have been taken within the
Space of Three Months preceding the Application to the Court of
Admiralty for such Adjudication.

XV. All Ships, Vessels, Goods, and Merchandise which shall
be brought into Port within the Jurisdiction of the Court of
Admiralty, in order to be proceeded against to Condemnation
as Prize, shall be forthwith, and without breaking Bulk, delivered
up to and remain in the Custody and Care of the Marshal, his
Substitute, or other Officer to be appointed by the said Court, or
if there be no such Officer, then shall be delivered up to the Col-
lector or Comptroller or other principal Officer of the Customs or
of Navigation Laws at such Port, and shall remain in such Custody
and Care subject to the Decree of the Court.

XVL That upon any Ship, Vessel, Groods, or Merchandise, cap-
tured as Prize, being brought into Port, the Captor, or One of his
Chief Officers, or some other Person present at the Capture, shall
bring or send, as soon as possibly may be, Three or Four of the
principal Persons belonging to the captured Ship or Vessel (Two
of whom shall always if possible be either the Master, Super-
cargo, Mate, or Boatswain,) before the Judge of the Court of
Admiralty, or such Person as shall be lawfully commissioned in

that

A.D. 1854. I7*> & 18- VICTORIA. C. 18. 69

that Behalfy by whom they shall be sworn and examined upon the
standing Interrogatories ; and within Five Days after Kequest Examination of
made to the Judge of the Coart of Admiralty the preparatory Witnesaes on
Examinations on the standing Interrogatories shjdl be concluded, «^nd'>ng Inter-
un\e$s good and sufficient Reason be shown for an Extension of "*8*^"*«-
such Time.

XVIL The Caplor shall, at the Time of producing the aforesaid Affidarit as to
Perstms to be examined, and before any Monition shall be Letters and
iKsuedy bring and deliver into the Registry of the said Court of ^^^^^^'^^^
Admiralty all such Books, Papers, Passes, Sea Briefs, Charter- ^^ ^^"*"
parties. Bills of Lading, Cockets, Letters, and other Documents and
Writings whatsoever as shall be delivered up or found on board
any such Ship or Vessel ; and the Captor, or One of his Chief
Officers, or some other Person who was present at the Capture,
and saw the said Papers and Writings delivered up or otherwise
fonnd on board at the Time of the Capture, shall make Oath
that the said Papers and Writings are brought and delivered in as
they were received and taken, without any Fraud or Addition,
Subduction, Alteration, or Embezzlement whatever, or otherwise
shall account for the Absence or for the altered Plight and Con-
dition of the same, upon Oath to the Satisfaction of the Courts
and in the event of no such Books, Papers, Passes, Sea Briefs,
Charter-parties, Bills of Lading, Cockets, Letters, or other Docu-
ments or Writings, being delivered up as found on board such
Ship or Vessel, such Captor, Chief Officer, or other Person shall
make Oath to that Effect.

Xvill. In order to save unnecessary Delay and Expense, the What Docu-
Captor and Claimant may agree, or in case there shall be no mentstobe
Claimant, the Captor may direct which and what Parts (if any) ^?!*^/^
of the several Books, Papers, Passes, Sea Briefs, Charter-parties, (^^^ ^ *
Bills of Lading, Cockets, Letters, and other Documents and
Writings delivered up or found on board the captured Ship or
Vessel shall be translated, in order to the same being used in the
Cauiie.

XIX. In case no Claim in respect of any captured Ship, Vessel, Where there
Goods, or Merchandise shall be duly entered in the usual Form, is no Claim, or
and verified on Oath, or if there be any Claim, and the Claimant Jip Security ftw
shall neglect or refuse to give Security for Costs in the Sum of ^^e"ctai^-
Sixty Pounds Sterling within Five Days from the Time of ^^
entering such Claim, the Judge of the Court of Admiralty shall,'

within Three Days after Request in that Behalf made to him,
decree the usual Monition, returnable within Twenty Days, Monition for
dting all Persons in general to show Cause why the said Ship, A<^ndicatiou
Vessel, Goods, or Merchandise should not be condemned as lawful
Prize ; and upon the Return of such Monition duly executed
the said Judge shall, upon the Production to him of the said pre-
paratory Examinations or a Copy thereof, as also of all the afore-
said Books, Papers, Sea Briefs, Charter-parties, Bills of Lading,
Cockets, Letters, and other Documents and Writings, proceed
with all convenient Speed either to release or condemn the said
Ship, Vessel, Goods, or Merchandise, or may allow further Time
eitlMr for a Claim to be entered or Security to be given. -_, p. .

XX. In case a Claim verified upon Oath shall be duly entered, ^^ sLiiu
and Security as aforesaid be given thereupon, and there shal f^^ Q^|g j^

F 8 appear given.

70

C.18.

17° & 18» VICTOBUE.

A.D.1854.

Monition to
proceed to
Adjudication.

Court may
order ftirther
Proof:

Claim of joint
Capture to be
admitted only
on Security
being given for
Proportion of
ExpenseByCostBi
and Damages.

Ship, Vessel,
or Goods may
be appraised,
and after Ap-
praisement may
be sold, bv
Decree of the
Court

appear no Occasion to call for any further Proof, as herein-after
mentioned, the Judge shall, as soon as conveniently may be, after
such Claim shall have been entered and Security given, proceed
to sentence as aforesaid touching such captured Ship, Vessel,
Goods, or Merchandise.

XXI. Whenever any Ship, Vessel, Goods, or Merchandise shall
have been captured and brought in by any of Her Majesty's Ships
and Vessels of War, but the Captors shall neglect or refuse, not-
withstanding such Capture and Seizure as aforesaid, to institute
Proceedings in the Court of Admiralty in order to bring the said
Ship, Vessel, Goods, or Merchandise to Adjudication, the Judge
of such Court shall, upon the Bequest of any Claimant, who shall
have duly entered his Claim verified upon Oath, and shall have
given good and sufficient Security as aforesaid, decree a Monition
against the Captors, returnable within Six Days, citing them to
appear and proceed to the legal Abjudication of such Ship, Vessel,
Goods, or Merchandise ; and upon the Eetum of such Monition
duly served, the Judge of such Court shall forthwith proceed
to the Adjudication thereof.

XXIT. Whenever it shall appear doubtful to the Judge of the
Court of Admiralty, upon the Production to him of the aforesaid
preparatory Examinations and Papers, whether the said Capture
be lawful Prize or not, he may direct further Proof to be adduced
either by Affidavit, or by examining Witnesses on Pleadings, or
by the Production of any further Papers or Documents, as to him
shall seem meet, and upon the Production of such further Proof
may proceed to ctdjudicate thereupon.

XXTII. Before Condemnation no Claim on behalf of any as-
serted Joint Captor shall be adndtted until Security shall have
been given by or on behalf of such asserted Joint Captor to
contribute to the actual Captor his Proportion of the Expenses,
Costs, and Damages that may be incurred by or awarded against
the actual Captor on account of the Capture and Detention of
the said Ship, Vessel, Goods, or Merchandise ; and after final
Condemnation no such Claim shall be admitted until the asserted
Joint Captor has paid his Proportion of all such Expenses as
shall have attended the obtaining the final Condemnation, and
unless he show sufficient Cause to the Court why such Claim was
not asserted at or before the Return of the Monition : Provided
always, that nothing herein contained shall extend to the asserted
Interest of any Fls^ Officer claiming to share in any Prize by
virtue of his Flag.

XXIV. Whenever it appears desirable, either from the Nature
of the Property captured, the probable Length of the Proceedings,
or any other sufficient Cause, that the Ship, Vessel, Goods, or
Merchandise, or any Part thereof, should be sold, the Judge of
the Court of Admiralty may direct the same to be appraised by
competent Persons, sworn to appraise the same according to the
best of their Skill and Knowledge, and for this Purpose may
direct the said Goods or Merchandise to be unladen, and an
Inventory thereof to be taken, and after such Appraisement may
direct the same or any Part thereof to be warehoused, under safe
and proper Keeping, or may direct the same, or tmy Part thereof,
to be sold, and the proceeds to be paid to the Account of Her

Majesty's

A.D.18S4. 17* & 18- VICTORIJE. C 18. 71

Majesty's Pajmaster General at the Bank of England on account

of Narid FniCf or. to some Government Accountant in Her

Majesty's Dominions, in order that the same maj be transferred

to tiie said Account ; and in case the said Ship, Vessel, Goods, or la cue Ship,

Merchandise should be decreed to be restored to any Claimant ^' decreed to

thereof the IVoceeds arising therefrom and which shall have been ^ w«tored.

eo paid to the Naval Prize Account or to a Grovernment

Accountant as aforesaid, shall be repaid to such Claimant ; but

in case the same shall be condemned as lawful Prize, such Pro*

ceeds shall be distributed to and amongst the Ci^tors in manner

herein-afler directed.

XXV. The Judge of the Court of Admiralty may, upon the Coart may
Appplication of the Claimant, direct any Ship, Vessel, Goods, or ^^'^J^® ®^
Merchandise brought before it for Adjudication to be delivered j'ljjjf^ ^ ^
op to him apon the same being appraised by competent Persons ^^ Oainumt on
as aforesaid, and upon his giving good and sufficient Security to giving Security.
pay the Captor the appraised Value thereof, in case the same
should be adjudged lawful Prise ; and may direct the Captor to
^ve good and sufficient Security to pay such Costs and Damages
as to him may seem meet, in case such Ship, Vessel, Goods, or
Merchandise shall not be condemned as lawful Prize.

XXVL Whenever any Ship, Vessel, Goods, or Merchandise Sale of Vessel
has been condemned as Prij» in the Court of Admiralty, the *^' Condem-
Ju4ge of the said Court shall forthwith direct the same to be ap- ^^^
praised and sold by the Officers of the Court, or by Persons autho-
rized by the Court f^Jr that Purpose, and the Proceeds thereof to
be forthwith paid to the Account of Her Majesty's Paymaster
General at the Bank of J^ngland on account of Naval Prize, or
to sofoe Government Accountant within Her Majesty's Dominions^
in order that the same may be transferred to the said Account

XXVJL Any Bounty, Salvage, or other Monies, payable and Bounty, Sal-
distributable under the Provisions of this Act, and amongst the ^»^ &<^. tobe
Officers and Crews of any of Her Majesty's Ships and Vessels ^^^f^f ^^
of War, shall in like Manner be forthwith paid to the Account payniaster
of Her Majesty's Paymaster General at the Bank of England on General
account of Naval Prize, or to some Government Accountant
within Her Majesty's Dominions, in order that the same may be
transferred to the said Account.

XXVIII. Whenever the Proceeds of toy Ship, Vessel, Goods^ Final Distribn-
or Merchandise condemned as Prize, or any Bounty, Salvage, or tioo of BOTnty,
other Monies parable and distributable under the Provisions of o»i^««e» *«•
this Act, have oeen paid into the Account of Her Majesty's
Paymaster Greneral at the Bank of England on account of Naval
Prize, or to some Government Accountant within Her Mijest/s
Dominions, in order that the same nmy be transferred to the
said Account, the High Court of Admiralty of England^ or the
Conrt which shall have condemned the said Prize or awarded the
said Bounty, Salvage, or other Monies^ may direct the Payment
theieoat of all Costs, Charges, and Expenses which may be
chargeable against the same, or which may have been incurred
by the Captor, his Attorney or Agent, after such Costs, Charges,
and Expenses shall have been taxed or allowed by the Begistrar
of such Court, or his Deputy ; and the Balance of such I'rize,
Bounty, Salvage, or other Monies shall thereupon, and after the

12

C.18.

17" & 18° VICTORIA

A.D.1854.

Parties claim-
ing Benefit
under this Act
may resort to
the Court of
Admiralty of
England.

Registrars of
Vice-Admi-
ralty Courts
shall transmit
Accounts.

High Court of
A<Oniralty of
England may
compel Ji'rodao-
tion of Pro-
ceeds, &c

Penalty of One
Pound per
Cent'per Month
on retaining
Proceeds con-
trary to this
Act

FrovisioDS for
Appeal

Time for appealing shall have expired, be distributed bj the Lords
of the Admiralty to and amongst the Persons entitled thereto,
after the same shall have been notified in the London Gazette,

XXIX. The Lords of the Admiralty or any Party claiming
any Interest in any Priase, Bounty, Salvage^ or other Monies
payable and distributable under the Provisions of this Act, and
which have been paid or transferred to the Naval Prize Account
as aforesaid, may, prior to the Distribution thereof, resort to the
High Court of Admiralty of England for the Purpose of obtaining
the Judgment of the said Court in that Behalf, and the Judge of
the said Court shall proceed to hear and determine the same, and
may make such Order in the Premises as to him shall seem right.

XXX. The Registrars of the Vice-Admiralty Courts or their
Deputies shall, on the Firat Dv^y of January and First DB,jo{July
in every Year, transnut to the Registry of the High Court of Ad-»
miralty oiEngland^ to remain of Record therein, in such Form as
the Lords of the Admiralty may direct, a List or Return of all
Cases which have been adjudged in their respective Courts under
the Provisions of this Act during the Six Months next preceding ;
provided that it .shall be lawful for the Lords of the Admiralty,
from Time to Time, to vary or alter such Form as to them may
seem meet ; and the Registrar of the High Court of Admiralty of
England shall, as soon as conveniently may be after the Receipt
thereof, transmit a Copy of such List or Return to the Lords of
the Admiralty, to be by them laid before both Houses of Parlia-
ment.

XXXI. The Judge of the High Court of Admiralty of Eng^
land may, on the Application of the Lords of the Admiralty or of
any Person interested in the Proceeds of any Prize, or in any
Salvage, Bounty, or other Monies, and on an Affidavit setting
forth the Circumstances of the Case, compel, by Ptocess of the
Court and by Monition and Attachment^ the Production of any
Books, Papers, or other Documents relating thereto^ and the
paying or transferring of such Proceeds, Salvage, Bounty, or
other Monies into the Naval Prize Account as aforesaid, and
the answering to such Interrogatories touching the same as the
Court may approve, and may make such Order in the Premises
touching and concerning the same, and the Costs of such Pro*
ceedings, as to it shall seem meet.

XXXTI. Any Captor or other Person who shall acquire or
retain the Proceeds of any Prize or any Salvage, Bounty, or
other Monies contrary to the Provisions of this Act^ except for
reasonable Cause to be allowed by the Court of Admiralty, shall
pay Interest thereon not exceeding the Rate of One Pound per
Centum per Month for such Time as the same shall so be in his
Custody or Possession, in addition to any other Penalties imposed
by this Act, and such Interest shall be deemed to be Part of
such Proceeds, and be paid and applied accordingly.

XXXIIL The Captor or Claimant may appeal from any Sen*
tence or any Interlocutory Decree having the Force of a Definitive
Sentence, given or pronounced in the Court of Admiralty, to Her
Majesty in Council, and when required shall give good and suffi-
cient Security that he will efiectually prosecute such Appeal, and
pay such Costs, Damages, and Expenses as may be awarded by

Her

A.D.1854. 17** & 18« VICTORIJE. C- 18. 73

Her Majesty cnr by the Judicial Committee of the Privy Council ;
and every such Appeal shaU be made in such Manner and Form,
and subject to such RuleSy Orders, and Regulations, as are now or
for the lune being may be in force in respect to any Ecclesiastical
and Maritime Causes of Appeal.

XXXIY. The Judicial Committee of the Privy Council shall Jurisdiction of
have foil Power, Jurisdiction, and Authority to proceed to hear the Judicial
aad report upon all and all Manner of Causes of Appeal relating Commhtee in
to Captures, Recaptures, Bounties, Seizures, Prizes, and Re- ™*e^PP«a«-
prisais of dll Ships, Vessels, Groods, and Merchandise already
seised and taken, or which shall be hereafter seized and taken,
that may be brought before them from the Court of Admiralty,
and may therein exercise all such Powers as now appertain to
them in respect of Appeals from an^ Ecclesiasticad Court or
Court of Admiralty, and in addition thereto shall have and exer-
cise all such Powers as are by this Act given to the Court of
Admiralty, and all such Powers as heretofore have been wont to
be exerci^ by the Commissioners of Appeal in Prize Causes.

XXXV. All Processes, Papers, and other Documents, required Custody of
for the Purposes of any Appeal under the Provisions of this Act Processes,
shall be transmitted to and renuun in the Custody and Possession P^P®^ ^*
of the Registrar of Her Majesty in Ecclesiastical and Maritime
Causes; and the said Registrar shall, if he shall so think lit,
either in Person or by Deputy, attend the Hearing by the said
Judicial Committee of all Prize Appeals, and shall do all such
Things, and shall have and exercise the same Powers and Privi-
leges in respect to such Prize Appeals, as he now docs, or has, or
exerdses in respect to Appeals in Ecclesiastical and Maritime
C-auses.

XXXVL In case any Person who was not an original Party in Persons inter-
the Cause shall intervene, or interpose an Appeal from any Sen- vening on
tence or Interlocutory Decree having the Force of a Definitive Appeal must
Sentence given or pronounced in the Court of Admiralty, he shall ®"^ * ^**"™-
at the same Time enter his Claim, verified upon Oath, and shall
give good and sufficient Security for Costs, otherwise such Appeal
shall be null and vend.

XXX\nL In every Appeal from a Sentence or Interlocutory Limit of Time
Decree having the Force of a Definitive Sentence given or pro- of App^.
noanced in any Court of Admiralty the usual Inhibition shall be
extracted from the Registry of Her Majesty in Ecclesiastical or
Maritime Causes, within Three Months if the Appeal be from
the High Court of Admiralty ofEnglandt and within Six Months
if the Appeal be from the Vice- Admiralty Court of the Cape of
Good Hope^ or from any Vice- Admiralty Court on this Side of the
Cape of Good Hope or Cape HorUy and within Twelve Months if
the Appeal be from any Vice- Admiralty Court beyond the Cape of
Good Hope or Cape Hom^ from the Date of such Sentence or
Interlocutory Decree as aforesaid, otherwise the Appeal shall be
null and void to all Intents and Purposes : Provided nevertheless,
that the said Judicial Conunittee may, upon sufiicient Cause
shown, allow the Inhibition to be extracted and the Appeal to
be proseeuted after the Expiration of the aforesaid respective
Periods.

XXXVm, Notiiing

74

C-18.

17" & 18« VICTOBIJE.

A.D,1854.

to Duties.

Prize Goods XXXYIIL Nothing herein contained shall be taken to exempt

and Merchan- anj Goods or Merchandise condemned as Prize and sold under the
dise to be liable Provisions of this Act from the Payment of any Duties to which
*" ^^"*'"- f^i^Qy ^ould otherwise be subject upon Importation : Provided

nevertheless, that if anj such Goods or Merchandise brought into
this Kingdom be unfit for the Markets thereof, the Commissioners
of Her Majesty's Treasury may remit the whole or any Part of
such Duties, upon Proof that the said Goods or Merchandise are
unfit for the Markets of this Kingdom, or that the Proceeds of
such Sale, after Payment of Duties, will be insufficient to satisfy
the just and reasonable Claims thereon, in either of which Cases
such Goods or Merchandise shall be exported or destroyed under
the Direction of the Commissioners of Customs : Provid^ always,
that whenever any such Goods or Merchandise shall be brought
into the United Kingdom the Master or other Person in charge
or command of the Vessel in which the same are brought shall on
Arrival in any Part of the United Kingdom ** bring to " at the
Stations appointed by the Commissioners of Her Majesty's Cus-
toms for the boarding of Ships by the Officers of Customs, and
shall on the Arrival of the Ship at her Place of Mooring in such
Port forthwith give Notice to the Collector or Controller of such
Port, who shall thereupon place any Officer or Officers on board
such Ship in charge or command of the Goods until the same are
duly lodged in some approved Warehouse for Security of the
Duties due thereon, or until such Goods are otherwise legally
disposed of or discharged out of the Custody of the Customs.

XXXIX. No Person or Persons belonging to any of Her
Majesty's Ships or Vessels of War, or to any Merchant Ship
employed in Her Majesty's Service, who shall run away or
withdraw himself or themselves from the Ship or Vessel by
which any Prize or Prizes shall be taken from any of Her
Majesty's Enemies, or shall otherwise desert or withdraw himself
or themselves from Her Majesty's Service before or after Notifi-
cation, as by Law directed, shall be given of the Day appointed
for the Payment of the several Shares to the Captors of the
said Prize or Prizes, or who shall be marked in the Books of
any Ship or Vessel in the Service of Her Majesty as having run
therefrom, shall have or be entitled to have or claim any Interest
or Benefit from the said Share or Shares of the said Prize or
Prizes, or of the Bounty Money herein-before mentioned or any
Part thereof that shall then remain unpaid, but such Shares, as
well as all other Shares which shall not be legally demanded
within Six Years after the same shall have been duly notified,
shall, at the Discretion of the Lords of the Admiralty, be paid
into the Consolidated Fund of the United Kingdom of Gre€U
Britain and Ireland: Provided nevertheless, that with respect to
such forfeited or unclaimed Shares the Commissioners of Hor
Majesty's Treasury may, upon the Recommendation of the IxHrds
of the Admiralty, and upon sufficient Cause being shown, make
an Order for the Repayment thereof out of the Consolidated Fund
to the Parties entitled thereto, or the Lords of the Admiralty may
remit or pay the same to such Parties out of any Monies then
remaining at the Credit of the Naval Prize Account.

XL. If

Deserters not
entitled to
Bounty, &c.

A.D.1854. !?• & 18* VICTORUE. 0.18. 75

XIj. If the Master or other Peraon having the Command of Penalty on Mas-
any Merchant Ship or Vessel under Convoy shall wilfully disobey tew of Merchant
any Signals or Instructions or any other lawful Commands of the ^esaela ^^^
Commander of the Convoy, or shall desert such Convoy without ^^^dM Signals
Notice given and Leave obtained for that Purpose, he shall be or Orders or de-
liaUe to be articled for such Offence in the High Court of Admi- serting Conyoy.
ralty of England at the Suit of the Queen in Her Office of
Admiralty, and upon Conviction thereof shall be fined, at the
Discretion of the said Court, in any Sum not exceeding Five
hondred Pounds, and shall suffer such Imprisonment, not exceed-
ing One Year, as the said Court shall adjudge.

XLL If any Ship, Vessel, Goods, or Merchandise be taken, by Penalty on col-
CoDoaion or Connivance with the Enemy, by any Officer com- lusive Captures.
manding any of Her Majesty's Ships or Vessels of War, the said
Shipi, Vessel, Goods, and Merchandise may be declared and ad-
judged by the Court of Admiralty to be good Prize to Her
Majesty, and shall remain at the Disposal of Her Majesty, and
the Officer so offending may be articled in the High Court of
Admiralty of England at the Suit of Her Majesty in Her Office
of Admiralty, and upon Conviction shall forfeit a Sum not exceed-
ing One thousand Pounds, one Moiety thereof to the Use of Her
Majesty, and the other Moiety to the Use of the Person who shall
sae for the said Penalty.

XLTT. It shall not be lawful for any of Her Majesty's JSubjects No Ships or
to ransom or to enter into any Contract or Agreement for ransom- Goods belong-
ing any Ship, Vessel, Groods, or Merchandise belonging to any of ™» *P f ®5.^^*"
Her Majesty's Subjects which shaU be captured by any of Her {^^ge'rwJ^^
Majesty's £nemies; and all Contracts and Agreements which c^ntf^c^gfo,
ahall be entered into, and all Bills, Notes, and other Securities, Hansom void.
vrhich shall be given by any Person for Ransom of any Ship,
Tessel, Goods, or Merchandise, contrary to the Provisions of this
Act, shall be absolutely null and void.

XIjITT. Any Person who shall ransom or enter into any Contract Penalty on Per-
or Agreement for ransoming any Ship, Vessel, Goods, or Merchan- ^^ ransoming,
disc contrary to the Provisions of this Act, shall for every such
Offence be Hable to be articled in the High Court of Admiralty
of England at the Suit of the Queen in Her Office of Admiralty,
and up<m Conviction thereof shall incur a Penalty not exceeding
Five hundred Pounds, to be imposed by the Judge of the said
Court, unless it shall appear that the Circumstances of the Case
were such as to justify the said ransoming or Contract or Agree-
ment for the same.

XLIV. Any Commander of any of Her Majesty's Ships or Penalty on
Vessels of War who shall agree with any Person whomsoever for Commanders
the ransoming of any Ship, Vessel, Goods, or Merchandise, or any "^w>mmg or^
Part thereof after the same shall have been taken as Prize, and ^Hng s^ipe^
shaU, in pursuance of such Agreement, or otherwise by Collusion, Goods taken aa
actually quit, set at liberty, restore, or dischai^ any such Ship, Prise.
Vessel, Goods, or Merchandise, or any Part thereof, shall for every
such Offence be Uable to be articled in the High Court of Admi-
ralty of England at the Suit of Her Migesty in Her Office of
Admiraltyt and upon Conviction thereof shall forfeit and suffer
sQch Penalty or Fine as the said Court shall a^udge^ unless it

shall

76 C. 18. 17* & 18*^ VICTORIA A.D.1854.

shall appear to such Court that the Circumstances of the Caso
were such as to have justified the same.
Penalties for XLV. If any Person belonging to any of Her Majesty's Ships

breaking Bulk or Vessels of War shall break Bulk on board of any Prize, with a
mrat™^^ view to embezzle any Money, Jewels, Plate, Goods, Merchandise,
Tackle, Furniture, or Apparel of or belonging thereto, such Person
shall be liable to be articled for every such Offence before the High
Court of Admiralty of England at the Suit of Her Majesty in
Her Office of Admiralty, and upon Conviction thereof shall forfeit
to Her Majesty his whole Share in such Prize, as also treble the
Value of all such Money, Jewels, Plate, Goods, Merchandise,
Tackle, Furniture, or Apparel, unless it shall appear to the Court
that the Circumstances of the Case were such as to have rendered
the Appropriation thereof necessary.
Penalty for XL VI. The Court of Admiralty may, upon due Proof of the

Offences relat- Breach of any of Her Majesty's Instructions relating to Prizes,
'°^*^^^? ^' ^^ ^^ *"y Offence against the Law of Nations, committed by the
of Nation! ^ Captor in relation to any Ship, Vessel, Goods, or Merchandise
captured as Prize, or to the Persons taken on board the same,
condemn such Prize to Her Majesty's Use and Disposal.
Offences cQm- XLVII. Any Offence committed by any of the Officers and Crew
mitted on board serving on board of or belonging to any hired armed Ship or
W?^ Hct ^^^^ ^ ^^^ Majest/s Service shaU be tried and punished in
Majesty's Ser- ^^^^ Manner as the like Offences are tried and punished when
▼ice to be tried committed bv any Person serving on board of or belonging to
and punished as Her Majesty^s Fleet; and all such Offenders who are to ]^ tried
OSencea cmn- |jy j^ Court-martial shall be placed under all necessary Restraint
M^^stvi Fleet °" board the Ship or Vessel in which such Offence shall be com-
fUFA^ mitted until they can be so tried by a Court-martial ; and upon

c^Sf^ Application made to the Lords of the Admiralty, or to the Com-
mander-in-Chief, or Senior Officer of Her Majesty's Ships or
Vessels of War abroad, authorized to assemble and hold Courts-
martial, the said Lords of the Admiralty, or such Conmiander-in-
Chief or Senior Officer respectively, may and are hereby required
Conrt-martial to assemble and hold a Court-marti^ for the Trial and Punishment
to be called. of such Offenders ; and the Officer conmianding every such hired
armed Ship or Vessel shall have the same Power in respect of
the other Officers and Crew on board the same as Officers com-
manding Her Majesty's Ships or Vessels of War have over the
Officers and Crews of such Ships and Vessels ; and the Naval
Commander-in-Chief and senior Naval Officers in Her Majesty's
Service shall have and exercise the same Powers over the Officers
and Crews of such hired armed Ships and Vessels as they have
or may exercise over the Officers and Crews belonging to Her
Majesty's Ships and Vessels of War.
Her M^esty XLVIII. It shall be lawful for Her Majesty, by Order in Council,

may grant Sala- to assign to the Judge of any Court which may be duly commis-
rws to Judges sioned to take cognizance of Matters of Prize, such Salary not
^^X^ Comisto ^^^^^^^S ^^® hundred Pounds as to Her Majesty may seem meet,
as Jndges ^^^ ^^^^ Salaries shall be paid out of Monies to be voted by Par-
rize Causes, liament for that Purpose, at such Times and in such Manner, and
subject to such Regulations, as Her Majesty by Her said Order in
Council may be pleased to direct ; provided that no such Judge

shaU

.A.D.1854. 17* & 18 VICTORIA. C. 18.

flluJl be entitled to any further Emolament aruing from Fees or
otherwise^ in respect of any Prize Business transacted in such
Coort^ but an Acoonnt of such Fees shall be kept by the Registrar
of socli Courts and be at the Disposal of the Commissioners of
Uie Tremffuij.

XLflX. Her Majesty may give and grant to any Judge of any Her M^esty
Tioe-Admiraity Court in Matters of Prize an Annuity or Pension may allow si
for tlie Term of his natural Life, in accordance with the Regula- Judges a reti
tioBS and Proyisiona of the Fourth and Fifth fFUliam the Fourth, "*« Penrion.
Chapter Twrentj-four.

L. No Beg:istrar, Deputy or Assistant Registrar, nor any Mar- No Begistrai
shal or Deputy Marshal of or belonging to any Court of Admiralty, or other Offii
or the Court of Appeal therefrom, shall either directly or indirectly ^ "^7 ^^^"^^
act or be in any Manner concerned, either as Advocate, Proctor, J^^^^^^
or Agent, in any Cause, Matter, or Business whatsoever depending ©r Proctor,
in the Court of ^v-hich he shall then be the Begistrar, Deputy or
Assistant R^iatrar, Marshal or Deputy Marshal respectively ; and
every Registrar, I>eputy or Assistant Begistrar, Marshal or Deputy
Marshal, vrho shall be proved to the Satisfaction of such Court,
after having been heard in his Defence, to have been guilty of
such Offence, shall be dismissed from such Office or Employment.

LI. No Proctor or other Person practising as a Proctor in the Proctow to b
Court of Admiralty or in the Court of Appeal therefrom, being concerned on
employed by One of the Parties in the Cause, shall be concerned, f®' ^ ^^^
hj himself or his Partner, or by any other Person, directly or indi- ™ * ^''^'
rectly, by or on behalf of the adverse Party in such Cause ; and
every such Proctor or other Person so offending shall, upon Con*
viction, forfeit to Her Majesty the Sum of Five hundred Pounds^
tud be thenceforth disqualified and rendered incapable of practising
as a Proctor or otherwise in any Court of Admiralty, or before the
Judicial Conunittee of the Privy CounciL

LII. It shall be lawful for the Judge of the Court of Admiralty Power for th(
from Time to Time to make and submit to Her Majesty in Council Judge to mal
such Rules, Orders, and Regulations respecting the Practice and KulesofCoui
Mode of Proceeding of the said Court, and the Conduct and Duties
of the Officers and Practitioners therein in all Matters relating to
Prize, as to him shall seem fit, and such Rules, Orders, and Regu-
lations, if approved by Her Majesty in Council, shall take efiect
and shall remain in force until the same are altered or repealed
in like Manner.

LilIL Her Majesty may by Order in Council authorize Tables Table of Fe«
of Fees to be prepared for the several Courts of Admiralty through- to be hong u]
ont Her Dominions, and for the Practitioners therein, and One of "* Vice-Adm
such Tables shall be suspended in some conspicuous Place of the ^^^ Coorto.
Conrt for which the same has been prepared, and no Judge or
Surrogate R^istrar or Deputy Registrar, Marshal or Deputy
Marshal, or any other Officer whatever belonging to any such
Coort, or any Practitioner in any such Court, shall, either directly
or indirectly, receive or take, or be allowed for the Subject to
which tlie Fee relates, any Fee beyond those specified in the said
Table : Provided always, that Her Majesty may by Her Order in
Conncil from'' Time to Time vary, alter, or repeal such Tables of
Fees as to Her Majesty shall Eeem meet.

LIV. Any

78

C.18.

17* & 18*^ VICTORIiE.

A.D.1854^

Pimisbmeiit of
Persons guilty
ofPeijury.

Recovery of
Penalties and
Forfeitures.

Limitation of
Actions.

Contmnanoe of
Act

Not to extend
to Seizures
made by Offi-
cers of Customs
or Excise.

LIV. Any Person who shall wilfully and corruptly swear, declare,
or affirm falsely in any Action, Soit^ or other Proceeding under
the Provisions of this Act» or in respect to any Matter required
to be verified on Oath by this Act, or shall suborn any other
Person so to do, shall be deemed guilty of Perjury or of Sub-
ornation of Perjury, as the Case may be, and shall be liable to
be prosecuted and punished accordingly.

LV. All Penalties and Forfeitures imposed by this Act, wherever
the same shall arise and become forfeited, may be recovered in
like Manner as any Debt due to Her Majesty in any of Her Ma-
jesty's Superior Courts of Record at Westminster^ or by Monition
and Attachment in the High Court of Admiralty of Engtandj unless
inCases where any other Mode is by this Act particularly directed ;
and all such Penalties and Forfeitures which shall arise or become
forfeited in any Part of Her Majesty's Dominions abroad may be
recovered in any Court of Record of Her Migesty in the Colony,
Territory, or Place where the same shall arise or have become
forfeited, or in any of Her Majesty's Vice- Admiralty Courts having
Jurisdiction there.

LVI. No Action shall be brought against any Person or Persons
whomsoever for any Matter or Thing whatever done or committed
under or by virtue or in the Execution of this Act unless such
Action shall be brought within Two Years next after the doing
or committing of such Matter or Thing, nor unless Notice of Action
shall have been given, One Calendar Month at least before the
Pommencement of the same, which Notice shall specify the Cause
of the said Action ; and if the Plaintiff or Plaintiffs shall be non-
suited, or suffer Discontinuance, or forbear further Prosecution,
or if Judgment shall be given for the Defendant or Defendants,
such Defendant or Defendants shall recover his Costs to be taxed
as between Attorney and Client.

LYII. This Act shall continue in force during the present War»
and no longer, save and except as to all such l£itters and Things
as shaU then be depending in Judgment in the Court of Admiralty,
or before the Judicial Conmiittee of the Privy Council, or in any
Court of Record within Her Majesty's Dominions, at the Time
when the present War shall cease, and also save and except as
to the carrying out and finallv disposing of all such other Matters
or Things as shall arise out of the present War in reference to the
Provisions of this Act ; and also save and except as to all Offences
which may have been committed against, and all Penalties and
Forfeitures which may have been incurred under the Provisions
of this Act, in respect whereof Proceedings shall and may be taken
as if this Act still continued in force.

LYIIL Nothing in this Act shall extend or be deemed or oon*
strued to extend to any Seizure of Ships, Vessels, Goods, or Mer-
chandise made by any Officer of Customs or Excise for any Breach
of the Laws or Regulations relating to the Customs or to Trade or
Navigation.

CAP.

A.D.1854. 17« & 18« VICTORIA, C- 1 9. t9

CAP. XIX.

An Act for facilitating the Payment of Her Majesty's Navy,
and the Payment and Distribution of Prize, Bounty, Sal-
vage, and other Monies to and amongst the Officers and
Creirs of Her Majesty's Ships and Vessels of War ; and
for the better H^ulation of the Accounts relating thereta

[2d June 1854.]

' \117^H£REAS it is desirable to facilitate the Payment of the

* ^ ^ Officers and Crews on board Her Majesty's Ships and

* Vessels of War, as also to provide further and more effectual
' Means for the Payment and Distribution of any Prize, Bounty,
' Salvage, or other Monies which may be payable and distributable
' to and amongst the Officers and Crews of Her Majesty's Ships

* and Vessels of War : And whereas, by Her Proclamation bearing
*' Date the Twenty-ninth Day of December One thousand eight

* hundred and fifty- three, Her Majesty was pleased to direct the

* Mode in which the Distribution of any such Prize, Bounty,

* Salvage, or other Monies should be made ; and by Her further

* ProcUmaiion, bearing Date the Twenty-ninth Day of March

* One thousand eight hundred and fifty-four, Her Majesty was

* gracioosly pleased to order and direct that the net Proceeds of

* all Captures which should be made during the present War with
' Rusna by any of Her Ships or Vessels of War should be for
*' the entire Benefit of the Officers and Crews of such Ships and

* Vessels of War as might have effected such Capture, after the
' same should have been finally adjudged to Her Majesty as lawful
' Prize :' Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords Spiri-
tual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, as follows :

I. This Act may for all Purposes be cited as ^' The Naval Pay Short Title.
<" and Prize Act, 1864."

IT. This Act shall come into operation on the First Day of Commenoement
June One thousand eight hundred and fifty-four. of Act.

nL In the Construction of this Act the following Terms shall Interpretation
have the respective Meanings herein-after assigned to them (if not ^^ Terms,
inconsistent with the Context or Subject Matter) ; that is to say,

** Her Majesty " shall include Her Majesty, Her Heirs and Suc-
cessors:

^ Lords of the Admiralty " shall include the Lord High Admiral
and also the Commissioners for executing the Office of
Lord High Admiral of the United Kingdom of Great
Briiam and Ireland for the Time being :

^ Court of Admiralty ** shall include the High Court of Admi-
ralty of England^ and any Admiralty, Vice- Admiralty, or
other Court within Her Majesty's I>>minion8, which shall
be duly authorized to take cognizance of and judicially to
proceed in Matters of Prize :

" Vice-Admiralty Courts" shall include all such Courts other
than the High Court of Admiralty of England:

"Judge"

8Q

a 19.

17° & 18« VICTORIJE.

A.D.1854.

Proceeds of any
Priie to be
paid to the
Naval Prize
Account

Bounties and
Salvage to be
paid to the
Naval Prize
Account

'^ Judge " shall include any Judge, Deputy Judge, Surrogate, or
other Person duly appointed to act [as tlie Judge in any
Court of Admiralty :

*^ Ship and Vessel " shall include all and all Manner of Ships,
Vessels, and Boat« :

'' Her Majesty's Ships and Vessels of War " shall include all
Ships and Vessels belonging to Her Majesty, as also any
hired armed Ships or Vessels in Her Majesty's Service :

" Officers and Crew " shall include all Flag and other Officers,
Engineers, Seamen, Marines, Soldiers, and others on board
any of Her Majesty's Ships or Vessels of War.

" Government Accountant " shall include any Officer in charge
of Public Money, whether belonging to the Commissariat,
Customs, or any other Department, who may have been, or
may be, hereafter appointed by the Lords of the Treafiury
or Admiralty.

IV. Whenever any Ship, Vessel, Groods, or Merchandise has been
condemned in any Court of Admiralty, or other Court having com-
petent Jurisdiction, whether aj9 Prize of War, or in pursuance of
any Act of Parliament relating to the Revenues of Customs and
to Trade and Navigation, or to the Abolition of the Slave Trade,
or to the Capture and Destruction of Pirates and piratical Vessels,
or on any other Grounds, and the Proceeds arising therefrom have
thereby or by Her Majesty's Proclamations become payable and
distributable to and amongst the Officers and Crews of any of Her
Majesty's Ships and Vessels of War, the Judge of the Court of
Admiralty or other Court by which the Decree or Interlocutory
Sentence shall have been pronounced shall forthwith direct the
said Ship, Vessel, Goods, or Merchandise to be appraised by com-
petent Persons sworn to appraise the same, according to the best
of their Skill and Knowledge, and shall direct the same to be sold
by the Marshal or other Officer of such Court, or by Persons to be
appointed by the Court for that Purpose ; and the Proceeds arising
therefrom, or if the said Ship, Vessel, Goods, or Merchandise shall
have been released on Bail, then the appraised or agreed Value
thereof shall be paid to the Account of Her Majesty's Paymaster
General at the Bank of England on account of Naval Prize, or
into the Hands of some Government Accountant within Her
Majesty's Dominions.

V. All Bounties, whether for the Capture or Destruction of
Enemies or Enemies' Ships or Vessels in Time of W^ar, or for
Captures or Seizures made under the Provisions of the several
Acts of Parliament passed relating to the Revenues of Customs
and to Trade and Navigation, or to the Abolition of the Slave
Trade, or for the Capture and Destruction of Pirates and piratical
Vessels, and all Awards for Salvage or other Services, whether
the same shall have been by the I^cree of a competent Court or
by Agreement, and which shall be payable and distributable to
aad. amongst the Officers and Crews of any of Her Majesty's Ships
lind Vessels of War, shall be forthwith paid to the Account of
Her Majesty's Paymaster General at the Bank of England on
account of Naval Prize, or into the Hands of some Grovernment
Accountant within Her Majesty's Dominions, in order that the
same may be transferred to the said Account.

VL Whenever

A.D.1854. 17 • & 18* VICTORLaS. C. 19. 81

VI. Whenerer the Proceeds of any Ship, Vessel, Groods, or a« to the Di».
Merchandise, or any Bounty, Salvage, or o^er Award aj9 afore* tribation of
said, shall have heen paid into the Account of Her Majesty's Proceeds,
Paymaster General at the Bank of England on account of Naval Bounty, Sal-
Pnze, or into the Hands of some Government Accountant within ^***'
Her Majesty's Dominions, the High Court of Admiralty of Eng'
land or the Court which may have condemned the said Prize, or
awarded the said Bounty, Salvage, or other Monies, may direct
the Payment thereout of all Costs, Charges, and Expenses which
may be chargeable against the same, or which may have been
incurred by the Captor, his Attorney, or Agent, after such Costs,
Charges, and Expenses shall have been taxed or allowed by the
Begistrar of such Court or his Deputy ; and the Balance of such
Prise, Bounty, Salvage, and other Monies shall thereupon, and
after the Time for appealing shall have expired, forthwith be
distributed by the Loi^s of the Admiralty to and amongst the
Persons entitled thereto^ after the same shaU have been notified in
iheLandon Gazette.

YTL The Lords of the Admiralty, or any Party claiming any Parties daim-
Interest in the Proceeds of any Prize, or in any Bounty, Salvage, ing Benefit
or other Monies payable and distributable under the Provisions of under this Act
this Act, may, prior to the Distribution thereof, resort to the High ^^^^^
Court of Admiralty of England for the Purpose of obtaining the ^JjnjJaity*
Judgment of the said Court in that Behalf, and the Judge of the
said Court shall proceed to hear and determine Ihe same, as also
any Question of joint Capture which may arise thereon ; and such
Court shall have and exercise full Power, Authority, and Jurisdic-
tion throughout Her Majesty's Dominions, and may enforce any
Decree or Sentence of any Vice-Admiralty Court ; and all Vice-
Admiralty Courts within Her Majesty's Dominions are hereby
empowered, directed, and required to enforce upon all Persons
within their respective Jurisdictions all Orders whatsoever of the
High Court of Admiralty of England relating to any Matter
arising under the Provisions of this Act.

VIIL The Judge of the High Court of Admiralty of England High Court of
may, on the Application of the Lords of the Admiralty, or any ^^°?^^ ^^
Persons interested in the Proceeds of any Prize, or in any Bounty, ^{J^ jvoduc-
Salvage,or other Monies, and on an Affidavit that the Proceeds of tion^Pro-
any Prize or of any Bounty, Salvage, or other Monies payable and ceeds, &c
distributable under the Provisions of this Act, or any Papers or
Books relating thereto, are in the Possession of any Person, compel
by Process of the Court, and by Monition and Attachment, the
Production thereof, and the paying and transferring of such Pro-
ceeds into the Naval Prize Account as aforesaid, and the answer-
ing to such Interrogatories touching the same as the Court may
approve, and may make such Order in the Premises touching and
concerning the same, and the Costs of such Proceedings, as to it
shall seem meet.

IX. Any Captor, or other Person who shall acquire or retain Penalty of One
the Proceeds of any Prize, Bounty, Salvage, or other Monies con- Pound p«r
trary to the Provisions of this Act, except for reasonable Cause to Sf^^Sinto«
be allowed by the Court of Admiralty, shall pay Interest thereon p^^^eScwi-
at the Rate of One Pound per Centum per Month for such Time trary to Act.
as the same shall so be in his Custody or Possession, and such
17 h 18 Vict. G Interest

8%

a 19.

17« & IS^' YICTORL®.

AJ).I854.

Power to allow
in Fftymaflter
General's A<^
counts certain
Sums without
^e Production
of Vouchers
in detail

Power to allow
in Paymaster
General's Ac-
counts Sums
paid on Cer-
tificate.

Power to allow
in Paymaster
General's Ac-
count Sums
paid under Cer-
tificates of
Heads of De-
partments.

Lords of the
Admiralty may
by Order in

Interest shall be deemed to be F^urt of fiueh Ftoceeds, and be paid
and applied acoordinglj.

X. ' Whereas Her Majesty's Paymaster General is required to
' make ap» and transmit to the CommisBioners for auditing tike

* Public Accounts, Accounts of the Receipts and Expenditure
' within his Department : And whereas numerous Payments ore
' made by Her Majesty's Paymaster General by way of Lnpreat
' and upon Accoonty under llie Autiiority of Orders drawn upon

* him by the Heads of Departments in favour of Accountants and
' other Persons, who subaequendy account to such D^artment for

* the detailed Application of such respective Advances: And
' whereas numerous otiier Payments are made by Her Majes^s

* Paymaster General upon Orders in like Manner issued, ^le
' Youdiers for which are examined by the Department from whidi

* such Orders sre severally issued, and many of which Vouchera

* are necessarily retained by such Department : And whereas it.
^ is expedient that the Commissioners for auditing the Public

* Accounts should be empowered to allow and pass Payments in

* the Accounts of Her Mf^esty's Paymaster General m manner

* hereafter provided :* Be it enacted. That the Commissioners for
auditing the Public Accounts may allow and pass as final Pay-
ments in the Accounts of Her Majesty's Paymaster General all
such Sums paid and charged by him in his Accounts, on Prodne*
tion to them of the Warrants, Bills, Orders^ or other usual Autho*
rities in respect of which such Payments have been made, with
the Acquittances or Endorsements of the Parties to whom such
Orders are made payable, whether the same be stamped or not,
witiiout requiring the Production of any subordinate or other
Voucher in support of any such Warrant, Bill, Order, or other
Authority.

XL * And whereas certain other Payments are made by Her

* Majesty's PsynuMter General i^on Orders signed by the Heads

* oi Departments, and which are vouched by Persons present and

* witnessing the same, but no Receipts are given by the Parties
' to whom such Payments are respectively made :' ne it enacted.
That the Commissioners for anditinir the Public Accounts may
allow and pass in tiie Accounts of Her Majesty's Paymaster
General all such Payments vouched or certified by Persons pre-
sent and witnessing such reflective Payments, without requiring
the Receipts of the several Parties to be produced.

XTI. * And whereas there are certain other Cases where it has
< not been found practicable to produce to the Commissioners for
' auditing the Public Accounts any Certificates from Persons
' present and witnessing Payments, or the Receipts of the Partiee
' to whom such Payments were respectively made, although suchi

* Certificates or Receipts have been produced to ihe Head of Hie
' Department :' Ngw be it enacted, That the said Commissioners
for auditing the Public Accounts may allow and pass in the
Accounts of Her Mi^est/s Paymaster Gkoieral all Payments not
supported by such Certificates or Receipts, on the Ptt>duction to
them of Returns or Statements signed by the Head of the Depart-
ment ^

XIIL The Lords of the Admiralty may from Time to Time
make such Rules, Orders, and Regulations as may to them appear

•- It

AJX1S64. I7» & I8« VICTOBLSL ai9,aa •»

ci^edieiit fat fiualitotiiig the pajui§r ^^ ^^ ^^^9 sund tar dis^ Cknmeil
trilmtiiig tile Proeeedv of my Pricey or may Bounty, Salvage, or alter the Mode
other Monies a» afinreeaid, and for keeping the Acoonnta and of paying the
SrpeBsea in rehition thereto, notwithatanding an j Proviaions to ^^! ^^'^^^
the oontnury contained in the Act of the Eleventh Geof^ the ^^^^^
Fbmtfa, Chapter Twenty, and Eifty-fonrth Geotr^ the Third, ^'

CSmpiler Ninety-three, or in any other Act whatsoever; pro-
vided always, that such BuIcb, Orders, and Begolations are not
jnmnaiatent with the aforesaid ProekmationB, or with any foture
Fhwlnmation which Her Majes^may see fit to issue in tiiat Be*
halC and that tihe same shall not have any Force or Effect until
tbey have heen previously approved hy Her Jkbjesty in Council ;
and sueh Orders in Council shall be presMited to Fttrliament
witittn Fourteen Days after the Date thereof or if Pariiament be
■ot then sitting, within Fourteen Days next after the meeting >
«f Fteiiament ; and an Account showing all the Receipts and
Expenditure on account of Naval Priase to the Thirty-first Day
of March in each Year, signed by the Accountant Oeneral of
Hn* Majesty's Navy, shall h^ annually laid before Parliament.

XIY. Provided^ that nothing in this Act contained shall extend Act not to ex-
er be construed toextend to any Seisure of Ship^ Vessels^ Goods, tend to Seixures
or Merchandise made by any Officer or Officers of Customs, or ^'^^^ ^l^'
iti Inhmd Revenue or Excise, for a^ Breach of the Laws or ^" ^ ^^
Beg^ulaiioBs relating to the Customs^ Inland Revouie^ or Exdae,
<r to Trade and Navigation.

CAP. XX.

An Act to repeal an Act of the Fifty-third Year of King
George the Third, Ch^ter Seventy-two, and an Act of the
Eighth Year of Her present Majeaty, Ch^ter Twenty-one ;
jyid for making Provision for the Appointment and for Re-
muneiatioii of a Stipendiary Justice for the Division of
Maneknier in the County of Lancastery and of Clerks to
such Justice and the Justices for the Borough of Salfard;
and for other Purposes. [2d June 1804.]

* \]K7H£REAS by an Act (herein-after called the first-recited

* ▼▼ Act)paasedin the Fifty-third Tear of the Reign of King 6aQ.aia7a.

* Gmrge the Third, intituled An AH for tke more effectual Ad-

* wrimwJraHon of the Office ef a JueHee of the Bmcc within the
' Tawmehipe^MtjkcheateTandSBifoTdtntheHundredof8Bl£sa^

* m the ComU$f Palatine ^Lancaster, and to provide^ by meant of

* a Rate in the eaid Townshipe and otherwiee^ a competent Salary

* ioa Juetice of the Peace acting tcithin the said Townthips^ and
< ioenahiethe Conetablee of Mtaiebostdr and Salford to take Re-

* aagmMonem m certain Caeee^ it was provided, that the Justice to
' be appointed under the Provisions thereof should reside within

* One Mile of the Exchange in the Town o£ Mancheetcr^ or of the
' New RaOeg Court House in the Town of Salford^ and should

* daily (AiMdb^ excepted) attend at the New Ra^Cowrt House
'Sa Salford^ and it was thereby also provided, that the said

* Township ai Mafidieeter should contribute Seven Eighth Farts
' emd the Township of Sa^iurd One Eighth Part of the Sahury

O 2 ' payable

84

C.20.

17«&18*VICTOBLaE.

A.D.1854.

7 & 8 Vict.
C 80.

11 & 12 Vict
c93.

leVictcxxxii.

payable to such Justice, which Salary was hj the said Act fixed
at One thousand Pounds per Annum : And whereas since the
passing of the said Act Her present Majesty has granted a
Charter of Municipal Incorporation to the said Township of
Manchester^ and the adjoining Townships of CharUon'Upon*-
Medlocky fftdmey Ardwick, and Cheetham^ and the Extra-parochial
District of Besvnck incorporating the same by the Name of the
Borough of Manchester, and has by a subsequent Charter
ordained that the Style of the said incorporated Borough should
thenceforth be the City of Manchester, instead of the Borough
of Manchester: And whereas a separate Commission of the
Peace and a separate Court of Quarter Sessions have respec-
tively been granted to and for the said City of Manchester, and
a salaried Police Magistrate has been appointed for the same
City ; and by an Act passed in the Eighth Year of the Reign
of Her present Majesty, intituled An Act to alter and amend an
Act of the Fiftf/'third Year of King George the Third, for the
Appointment of a Stipendiary Magistrate to act within the Town-
ships of Manchester and Salford, all the Powers and Provisions
of the said recited Act of the Fifty-third Year of King George
the Third, so far as they authorized or required the Payment
by the said Township of Manchester of any Part of the Salary
payable to the Police Magistrate thereunder appointed, or which
authorized the making or levying of any Rate within the said
Township of Manchester for the Purpose of raising such Salary
or any Part thereof, and also any Provisions which directed^
authorized, or required the Payment to the said Township of
Manchester, or to any Person or Persons on behalf of such
Township, of any Part or Portion of the Recognizances taken
and estreated in the said County Palatine of Lancaster, have
been repealed : And whereas since the passing of the said Act of
the Fifty-third Year of George the Third Her present Majesty
has granted a Charter of Municipal Incorporation to the said
Township of Salford and Part of the adjoining Township of
Broughton, which lies on the South Side of the River IrweU,
and which Charter was confirmed by an Act passed in the
Eleventh and Twelfth Years of the Reign of Her present Majesty,
intituled An Act to confirm the Incorporation of certain Boroughs :
And whereas by an Act passed in the Sixteenth Year of the
Reign of Her present Majesty, intituled An Act for the Exten-
sion of the Boundaries of the Municipal Borough of Salford,
and otherwise improving the said Borough, and for other Pur--
poses, the Township of Pendleton, the remaining Portion of the
Township of Broughton theretofore not included within the
Limits of the said Municipal Borough of Salford, and that Por-
tion of the Township of Pendlebury which is comprised within
the Parliamentary Borough of Salford, were incorporated, and
included within the Limits of the said Municipal Borough of
Salford, subject, however, to a Proviso that the said Act should
not take effect until One Third in Number of the Inhabitant
Householders of the Broughton District rated in the th^n last
Assessment to the Poor's Rate for the Township of Broughton
in an Amount exceeding One Half of the entire Amount of the
said Rate on the Inhabitant Householders within the Broughton

* District

A.D.1854. 17^ & 18- VICTORIiE. C.20. 86

* District should have signified under their Hands their Assent

* to the Incorporation of the Broughtan District with the Muni-

* cipal BoroQgh of Salford; and it was also provided and declared

* by the said Act, that a Certificate under the Hands of Two
' Justices acting in and for the County Palatine of Lancaster, not

* being Burgesses of the then existing Borough, certifying that

* such Assent had been obtained, should be sufficient Evidence
« thereof: And whereas since the passing of the last-mentioned

* Act a Certificate has been duly given under the Hands of

* Charles James Stanley Walker and James Kershaw, Esquires,

* being such Justices as by the said Act in that Behalf is re-
« quired, certifying that such Assent as aforesaid had been

* obtained : And whereas by an Act, herein-after called the fourth-

* recited Act, passed in the Eighth Year of the Reign of Her 8 & 9 Tict

* present Majesty, intituled An Act to amend an Act of the Fifty- «. 21.

* third Year <f George the Third, for appointing a Stipendiary

* Magistrate for the Townships of Manchester and Salford, and

* to provide a Stipendiary Magistrate for the Division of Man-
' Chester, Provisions were made for the Payment of a Salary to the

* Justice appointed under the herein-bcfore first-recited Act, by

* Contributions payable by the Borough of Salford, and the other

* Townships and Places composing the Division of Manchester,

* and for the Appointment and Payment of Clerks to the said

* Justice and the other Justices, and for regulating the Place of
' Residence and the Times and Places for holding the Sittings of

* the said Justice : And whereas the several Townships or Places

* of WoT^ey, Barton-upon-Irwell, CUfton, PendUhury, Pendleton,

* Flixton, Urmston, Blakeley, Bradford, Broughton, Chorlton-cum-

* Hardy, Cmmpsall, Didsbury, Failsworth, Gorton, Harpurhey,

* Levenshulme, Moss Side, Moston, Newton, Openshaw, Reddish,

* Bushohney Salford, Stretford, Withington, Great Heaton, Little

* Heaton, Prestwich, and Heaton Norris,iiOVf compose the Division

* of Manchester : And whereas Henry Leigh Trafford, Esquire, at

* the Time of the passing of this Act is the Stipendiary Justice
' appointed under the first and fourth recited Acts : And whereas

* it is expedient that Alterations should be made in the Times

* and Places of the holding of the Sittings of the said Stipendiary
' Justice, and in the Amount of Remuneration to be paid to him

* and to the Clerks to the said Stipendiary Justice and the
' Justices for the said Borough of Salford, and also that Altera-
' tions should be made touching the Appointment^ Functions, and
' Duties of the said Stipendiary Justice, and that the said first and

* fourth recited Acts should be repealed ; but the same cannot be

* effected without the Authority of Parliament :' May it therefore
please Your Majesty that it may be enacted; and bo it enacted by
the Qaeen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the Authority of the
same, as follows ; (that is to say,)

L In citing this Act for any Purpose it shall be sufficient to Short Title of
use the Expression •• The Manchester Division Stipendiary Justice Act
Act, 1804."

n. That in this Act, and in any Act or Part or Parts of an Interpretation
Act incorporated herewith, and in all Appointments, Warrants, Clause.

G 3 Orders,

88 C20. !?• & 18* VICTOBI^ AJD.1854.

Orders, Convictkma, BeoognizanGes, Oonimitment% JudgmentB,
Certificates, Allowances, and other Documents whatsoever made
under the Provisions of this Act, the Words, Expressions, and
Phrases respectivelj following shall he construed to have the
Meanings herehj expressly assigned to them, unless 'there be
something in the Subject or Context repugnant to such Constme-
tion ; {tlmt is to say,)

" Stipendiary Justice " shall mean the Stipendiary Justice
appointed or any Stipendiary Justice here-after to be
appointed under the Provisions of this Act :
** Borough Business" shall mean all Business, Offences, Matters,
and Things within the Cognizance of a Justice or Justices
of the Peace arising or happening within the Limits of
the Municipal Borough of SttlforS, which said Borough
comprises the Townships of Salfotd, BrouglUxmj and P«i-
dleton^ and a Portion of f&e Township os£ Bmdlehmy as
defined hy the herein^before recited Act of the Sixteenth
Year of the Reign of Her present Majesty:
** Divisional Business " shall mean all Business, Offenees,MflttBniy
and Things within the Cognizance of a Justice or Justices
of the Peace arising or happening within the said Division
of Manche$ter elsewhere than within the Limits of the
Municipal Boi-ough of Salford :
** Clerk for Borough Business " shall mean a Clerk or Clerks to
the Stipendiary Justice and all other Justices having
Jurisdiction for the Transaction of Borough Business :
^ Clerk for Divisional Business" shall mean a Clerk or Clerks
to the Stipen^ary Justice for the Transaction of Divi-
sional Business, except such as shall be done at any
Sittings holden within the Townships or Places of Wbrshy
or Heaton Norris :
" Justices of the Division *' shall mean Justices of the Peace
of and for the County of Lanc€ister acting for the IHvision
of Manchester in the said County of Lancaster :
** Division of Manchester^ shall mean the Townships and Races
of Worsley^ Bartan-upon-Irtcell, Clifton^ that Part of
Pendlebury which is not within the Municipal Borough of
Salford^ Flixton, Urmstony Bktkeley, Bradford^ Bumagcy
Chortton-cum-Hardyy Crumpsally Didsbury^ Failsworthy
Gorton^ Harpurhey, Levenshuime, Moss Side, Moston,
NewUniy OpenshaWy Reddish^ Rusholme, Stretford, With--
ingtony Great Heaton, Little Heaton, Prestwich, and Heaton
Norris :
" Borough Justices " shall mean Justices of the Peace of and

for the Municipal Borough of Salford:
" Out-District Clerks " shall mean Clerks to the Justices of
the Peace for the County of Lancaster sitting at the
Townships or Places of Worsley and Heaton Norris.
63G.8.c7«. HL The herein-before first-recited Act of the Fifty-third
and 8 "Vict Year of the Beign of Bang George the Third, Chapter Seventy-
c Jl. repealed. ^^^^ ^^ ^j^^ herein-before fourth-recited Act of the Eighth
Year of the Beign of Her present Miyesty, shall be and the same
.respectively are hereby repealed.

IV. It

A.Da854. 17* & 18« VICTORLffi!. 0.20. fi7

IV. It filuJl be lawful for Her Majeetj, Her Heirs and Sacces- Her Majerty, in
wan, in righi of Her Dachy and County Palatine o£ Laneagiert right of Her
finom Time to Time as Occasion may require^ by and with the I>w5liy oflAn-
AdTioe of Her Chancellor and Council of the said Duchy for the *^^' %^^
Time being, to appoint One fit and able Person, who shall be of ^^*aSS^
ihe Degree of a Barrister-at-Law, and of Four Years standing at diaiy JnstiM.
the least, being a Justice of the Peace for the said County, to be

a Stipendiary Justice, who shall execute the Office of a Justice of
the Peaee within the Division of Manchester^ eiiher by himself or
together with such other Justice or Justices of the Peace for the
said Counlj Palatine its may think proper to attend, and also
witluA the Borough of Saiford^ and who shall be therefore
entitled to such Sidary as is herein-after in that Behalf provided.

V. The Justice continued or appointed under the Provisions of Style of Stipen-
ibis Act shall be called the Stipendiary Justice for the Division of ^^ Jmtice,
Maneheeter and the Borough of SalfonL

YI. The Stipendiary Justice appointed and now acting under R^weut SCipefi-
ihe Pnrrisicms of the £rst and fourth recited Acts, and iihe Clerk ^^^^7 Justice
or Clerks to and other Officers and Servants of such Stipendisjiy ^^^^ '^ *°
Justice and other Justices of the said Division, and for Borough ^oe^ "^
BqgncM, appointed under and by virtue of the said four&-
reinted Act, shall, notwithstanding the Alterations hereby made
in tlie Consdtution and Duties of the said respective Offices,
eontinne and be the Stipendiary Justice, Clerk and Clerks, and
Officers and Servants respectively under this Act, ^according lo
the Nature and Tenure of their Appointments and Employments
ze^eetiTely, and they shall respectively be accountable in the
same Manner as if at the Time of their respective Appointments
and Employments this Act had passed.

YIL It shall be lawful for the Stipendiary Justice, during his Not incapad-
Hesidence within the Limits herein-after prescribed, and whilst tated for
lie continues to hold the said Offioe of Stipendiary Justice, to ^■^*^^^!?"
execute the Office of a Justice of the Peace for the County of ^^^7 "
X^ancosfer, although such Stipendiary Justice may not be possessed
or entitled in Law or Equity to an Estate or Literest in Lands,
Tenements, or Hereditaments in England or Wales o£ the clear
mnual Value of One hundred Pounds, anything contained in any
Act or Acts of Parliament to the contrary notwithstanding, pro-
vided that such Person be not disqualified by Law to act as a
Justice of the Peace for any other Cause or upon any other
Account than in respect of the Want of such Estate or Interest as
afore«ud.

VUL No Stipendiary Justice shall during his continuing to Nor to sit in
hold such Appointment be capable of being elected or of sitting ^« House of
as a Member of the House of Commons. Commons.

IX. The Stipendiary Justice shall reside at some Place within Besidence of
mthet of the Municipal Boroughs o£ Manchester and Sa^ordy or ^^^f"^
elsewhere within the Division of Manchester, Justice.

X. The Stipendiary Justice shall daily, except on Sunde^, Stipendisiy
Christmas Day, and Good Friday, and such other Days as are ^J^^^^J^''^
herein-after excepted, attend at the New BaUey Court House Jer^v
in Saifard aforesaid for the Transaction and Disposal of Divi- Salford,andat
flianal Business, and shall also daily (except on Sundays, Christmas Wonlej.
JD^, and Good Friday,) attend at the Town Hall in the said

Or 4 Borough

88

C.20.

17°&18*» VICTORLaS.

A-D.1854.

Stipendiary
Justice to sit at
Heaton Norris.

For Appoint-
ment of Ont-
IHstrict Clerks.

FroTision for
holding Sittings
of Stipendiary
Justice in
other Plaoef .

In Absence of
Stipendiary
Justice, another
Justice may
attend.

Borough of Salfordy for the Transaction and Disposal of Borough
Business, and shall also hold a Sitting on One Day at least in
every Fortnight at the Court House at Worsley, so long as the said
Court House shall be allowed by the Owner thereof to be used for
that Purpose.

XI. After proper Court Houses and other Accommodations
shall have been provided for the Administration of Justice,
at the Cost of the Township herein-after mentioned, then the
Stipendiary Justice shall hold a Sitting on One Day at least in
every Fortnight at or within the said Township of Heaton Norris :
Provided always, that nothing herein contained shall limit the
Eight of any other Justices of the County of Lancaster to hold
Sittings within the said Townships o£ Heaton Norris and Wofiley^
or either of them.

XII. ' And whereas it is expedient that Out-District Clerks
' should be appointed and remunerated :' Be it enacted, That it
shall be lawful for the JXistices of the Division, if they think fit,
when and as Occasion may arise, to appoint an Out-District Clerk
for each of the Townships of Worsley and Heaton Norris, with
Salaries not exceeding Fifty Pounds a Year for each Clerk, which
said Clerks shall respectively attend as well to the Sittings of
the Stipendiary Justice as the Sittings of the Justices of the
Division acting for the said Townships respectively ; and all Fees
taken and received at any Sittings, as well of the Stipendiaiy
Justice as of the Justices of the said Division, shall be brought
into the Fee Fund herein-after authorized to be raised and main*
tained, and paid over to the Treasurer thereof, or, if there shall
be no such Treasurer, to the Clerk for Divisional Business, as
herein provided : Provided always, that for the Appointment or
Removal of a Clerk for or from any of the said last-mentioned
Places, the same Course of Proceeding shall be observed as is
herein directed with respect to the Appointment or Removal,
as herein-after mentioned, of the Clerk for Divisional Business.

XIIL It shall be lawful for the Justices of the Division, at
any Meeting of such Justices, if they shall think it expedient
so to do, from Time to Time to 'appoint, and from Time to Time
to suspend, alter, and discontinue, the holding by the said
Stipendiary Justice of any Sitting or Sittings for and at or
within any of the Townships or Places which now compose the
Division of Manchester, except the Townships of Worsley and
Heaton Norris, and the Townships or Parts of Townships com-
prised within the Municipal Borough of Salfordy and the Sti-
pendiary Justice shall accordingly from Time to Time attend
and hold his Sittings at the Place or Places so from Time to Time
appointed.

XrV. The Attendance of the Stipendiary Justice at the said
New Bailey Court House or elsewhere as aforesaid may be
supplied by any other Justice of the Peace for the said County-
Palatine of Lancaster, and the Attendance of the Stipendiaiy
Justice at the Town Hall of Salford may be supplied by any
Justice of the Peace of or for the said Borough of Salfordy or
by any Justice of the Peace of or for the said County Palatine
oi Lancaster; and the Stipendiary Jnstice shall not be required
to attend at the New Bailey Court House aforesaid on any Day

which

A.D. 1854. 17 • & 18 o VICTORIJE, C. 20, 89

which shall be appointed under the Froyisions of this Act for his
holding any Sitting at any other of the said Townships or Places
within the said Division, except the said Town Hall in Salford
aforesaid : Provided, that the Number of Days on which the
said Stipendiary Justice shall be required to attend or hold
Sittings at all or any of the Townships or Places comprised
within the Division of Manehesier, except the New Bailey Court
House and the Town Hall in Salford^ shall not exceed Three
Days in a Week ; provided also, that the Stipendiary Justice
shall not, by reason of his being required to attend at any other
Place, be exempted from attending at the Town Hall in Salford,

XV. The Justices of the Division of Manchester shall have Provision for
the Power, at any Meeting of such Justices, to direct that any suspending and
Sitting or Sittings of the Stipendiary Justice previously directed ^^!|^s^
to be held elsewhere than at the New Bailey Court House or ^ oirangs.
Town Hall in Sai/ordy or at the Court House at Worsley, ' or

within the said Township of Heaton Norris, as herein-before
authorized, shall be suspended or discontinued, nnd the same
shall thereupon be suspended or discontinued accordingly.

XVI. All Justices of the said Division and all Borough Justices Diyisional and
shall have Jurisdiction in all Borough Business ; and in all Cases Borough Jus-
where Borough Business shall require the Concurrence of Two ^*^* ^ ^T^j .
or more Justices, a Justice or Justices for the Division and a ^SicS>n^in ^'
Borough Justice or Justices may concur in doing such Business, Borough Busi-
as eflectnally, to all Intents and Purposes, as if the same were ness.

done by the requisite Number of Justices of the Division, or the
requisite Number of Borough Justices. -

XVIL Every Justice of the Peace of and for the said County Certain County
of Lancaster who, at the Time of the passing of this Act, shall bo Justices to be
or at any Time thereafter shall become an Inhabitant and reside Borough Jus-
within the Limits of the said Municipal Borough of Salford^ as ^^^^'*
defined by the said Act of the Sixteenth Year of the Beign of
Her present Majesty, or who shall be a Burgess of the same
Borough, shall be also a Borough Justice during such Time as
such Justice for the said County shall so continue such Inhabitant
or Bai^gess respectively, and shall have all the Powers and
Authorities of a Justice of the Borough.

XVIIL The Justices of the Division and the Stipendiary Justice Clerk for Diyi-
for the Time being respectively shall nt a Meeting of the said «<"»! Business
Justices from Time to Time appoint a Clerk or Clerks for Divi- ^ ^^]^ ^^^
donal Business, and a Clerk or Clerks for Out-Districts, and shall b^J^JI^ ^ ^
and may, if they shall think fit, at a Meeting of the said Justices aj^tnted.
remove and displace any Clerk or Clerks for Divisional Business
or Out-District Business, and the Borough Justices and the Sti-
pendiary Justice for the Time being respectively shall at a Meeting
of the same Justices from Time to Time appoint a Clerk or Clerks
for Borough Business, and from Time to Time at a like Meeting
shall and may, if they shall think fit, remove and displace any k
Clerk or Clerks for Borough Business.

XIX, The Clerk or Clerks for Divisional Business, or One of Duties of the
them, shall attend upon the Stipendiary Justice and every other Jf?^**/® -rv. |
Jostioe sitting for him, for and during* the Transaction and Dis- ^^^ ^ ^
posal of all Divisional Business, except such as shall be done at rough Business,
any Sittings holden within the Townships or Places of Worsley or

HeaMon

0.20.

170&18* VICTOBLE.

AJXli54t.

Provision for
Payment of
Salaries to the
Stipendiary
Justice and
CJerk for Divi-
sional Bosiness
andOntJ)is-
taatOnki.

Boroo^ of Sal"
fora to oontn*
bote its Qnota
towards die
SaJaryof
Stipendiary
Justice from
Borough Fund.

MeaUm Norris; and the Clerk or Clerkfl, or One of ihem, for
Boroagh Business^ shall attend upon the Siipen^aiy Justice and
all other Sittings of a Justice or Justices of the Peace hidden at
the Town Hall in Salford^ for and during the Transaction and
Disposal of all Borough Busineas.

XX. So long as the Stipendiary Justice and the Clerk for Diyi-
sional Business and the Out-District Clerks shall re^tectiyeljr
continue to discharge the Duties of their respective Offices, there
shall be paid, out of the Fund or Monies by this Act authorised to
be raised and maintained for that Purpose, to the Stipendiary
Justice, the yearly Sum of £ight hundred and forty Founds, and
to the Clerk for Divisional Business a yearly Sum not exceeding
Five hundred Founds,' which said last-mentioned yearly Sum shall
be paid to and received by the said Clerk in lieu of all Fees and
Monies which he would otherwise be entitled to by virtue or in
respect <^ his said Office or Employment, but which said Fees and
Monies he is nevertheless hereby required to demand and receive^
and is herein^ter directed to pay over to the Credit of the General
Fee Fund herein*afiter moaHnfteii and directed to be raised and
maintained; aad liie said last-mentioned yearly Sum shall indnde
as well the Eemuneration for the Service of such Clerk as the
Payments he may be required to make for all necessary Aasistanta ;
and there ahall also be paid out of the said Fund to every Oat-
District Clerk such yearly Sum as, according to the Frovisions of
this Act, shall be fixed for his Salary, which Sum every such
Clerk shall receive in lieu of all Fees and Monies which he would
otherwise be entitled to by virtue or in respe6t of his said Office or
Employment, but which Fees and Monies he is nevertheless hereby
required to demand and reoeive, and is herein-aftar directed to pay
over to the Credit of the said General Fee Fund, and which respec-
tive Sums so fixed for Salary as aforesaid shall include as well the
Bemuneration for the Services of every such Clerk as the Pay-
ments he may be required to make for all necessary Assistants, the
said several Sums to be paid by Four equal quarterly Faymenta,
and so pro rata a Proportion of such quarterly Payments up to the
Time of the Death of the said Stipendiary Justice or of the said
Clerks respectively, or their respectively ceasing to act.

XXI. So long as the said Stipendiary Justice shall continue to
discharge the Duties of his said Offioe as aforesaid, the Treasurer
of the Municipal Borough of Salford for the Time being shall,
out of the Borough Fund, pay the yearly Sum of Four hundred
and twenty Pounds, which said yearly Sum shall be paid by the
said Municipal Borough as its Contribution or Quota towards the
yearly Salary herein-before directed to be paid to the said Stipen-
diary Justice, and shall be paid by Four equal quarterly Payments
in every Year to the Treasurer for the Time being of the General
Fee Fund herein-after mentioned and directed to be raised and
maintained, or, if there shall be no such Treasurer, to the Clerk
for Divisional Business, who shall carry the same to the Credit dt
the said General Fee Fund, to be applied as Part thereof ; and
every such Payment shall discharge as well the Treasurer of the
said Borough from all Liability to account for the Money so paid
as the said Municipal Borough of Salford from all further LiabiJi^
whatsoever in respect of the Period or Periods on aooosnt of which

such

:LD.1854. 17» & la* VICTOEUL a SO. 91

fladi 'Bmjnetti flhall liBye been made to contribate to the Salaxy
]ierem-4>efiaie directed to be paid to the said Stipendiary Juatioe
as aforesaid, or to the said General Fee Fund on any other Account
irbateoevcTy nor sfaaU the aaid Municipal Borough of Salford or
any Officer thereof be in any way responsible for the Application
of the said Greneral Fee Fund or any Part thereof.

XXTT. The Ccnmcil of the said Municipal Borough of Sa^ard Pnmtkxnfo
■hall £pam Time to Time order the Payment out of the Borough Payment to
Fnad of the said Municipal Borough to the Qezk or Clerks for ^^^^i,.
Bovao^ BoainesB of such yearly or other>Sum or Sums of Money, ^^3>n^h
not ezoeedii^ in the whole the yearly Sum of Five hundred ananal Bmn,
Pounds, nor lees than the yearly Sum of Three hundred Pounds, not ^nrnapifWy
coBunoMing at such Times and payable in such Manner sa the 500L,a8Coimc31
said CoiuMal shall think reasonable and proper in that Behalf; as a ™*7 ^^'^^
Bemimeimtion for the Sernoes of such Clerk or Clerks, and for all
IVymeuta he or they may be required to make fcnr all neceesaiy
A ssifitaaitBi and also for conducting the Prosecution of Ofifonoes
CQunutted within the said Municipal Borough of Saybrd; and
the Tieaaorer for the Time being of the said Municipid Borou^
shall tfaerenpon pay audi Sum or Sums of Money accordinglT out
of &e aaid Boroogh Fund, the same to be received by such Clesk
CH- Clerks in fieu of iJl Feasand Msnifle to which he or they wDuid
otherwise be entitled by virtue or in respect of the said Office or
Smployment, which Fees and Monies he or they is and are never-
theleas hereby lequixed to demand and receive, and herein-after
directed to pay over to the Treasurer of the aaid Municipal
Borough, In aid of the Borough Fund.

XXITT. No-Jofltice of the Division nor any Clerk of any sui^ No FsesiDhe
Justioe, DOT any Person on behalf of such Justice or Clerk, shall, taken eKomt
dizeedy or indii«ctly, upon any Pretence whatever, take or receive «* S*"5f .
any Foe, Reward, Gratuity, or Becompence for any Act or Bud- P^^"® ^""°*-
neas by any such Justices or Clerk done or to be d6ne in the
£zecation of his said Office or Employment within the said Divi-
sion daewhere than at the said ^ew Bailey Court House, or the
aaid Town Hall in Salford aforesaid, or at Wordeyy or at Heatan
If0rnM^ or such other Place or Places as is, are, or shall be
i4>pointed under tiie Authority of this Act for the holding of
Sittings of a Justice of the Peace, upon pain of forfeiting the
Sum of One hundred Pounds for every such Offence, One l£>iety
therectf to be paid to the Clerk for Divisional Business, to be l^
him carried to the Fee Fund herein-aflter directed to be raised
and maintained, and to be considered Part of and applicsble to
the same Purposes as the said Fund, and the other Moiety thereof,
with full Costs of Suit, to the Person who shall sue for the same
in any of Her Majesty's Superior Courts of Law : Provided that
nothing in this Act ooniaineid shall be construed to extend to any
Fees taken, payable, or demandable at any Assize or Gaol Deli-
veiy, or at any Greneral or Quarter Sessions of the Peaoe^ or fi^om
the Treasurer for the Time being of the said County.

XXIV. Any Summons or other Process which shall after the Ftooen leqidr-
passing of this Act be issued by any Justice of the Peace of the ^^^^^f^
Comity oiJLumeoMUT requiring any Person residing within the said ^^^j^ty^j^
Dhrision 9£Manobeater to i^ipear at any Place witiiout the liiniits ^t],0at tiie
of the said I>ivision to answer any Information or Complaint Limitt of ihe

touching MmeytobeToidL

92 0.20. 17*» & 18« VICTORIiE. A.D.1854.

touching any Matter arising within the said Division, shall be

utterly void and of no Effect, any Law, Custom, or Usage, to the

contrary notwithstanding.

Clerk for Bo- XXV. Some Person to be appointed by the Council of the said

rough Business Municipal Borough of Salford for that Purpose, and until such

to receive all Appointment shall be made the Clerk or Clerks for -Borough

tothe^u^U Business, shall receive all Fees and Monies chargeable and to be

a quarterly Ac- received for and in respect of any Borough Business ; and such

count thereof, Person and Clerk or Clerks respectively shall keep a full, true,

and pay Fees and particular Account in Writing of all Fees and Monies so

revived to Uie chargeable and to be received, and shall once in every Quarter

S^BotouiA ^^ * Year, or oftener if required, render such Account to the

' Council of the said Municipal Borough of Salford^ which said

Account shall, if required, be verified by a Declaration of the

Person rendering the same of the Correctness thereof, to the best

of his Knowledge and Belief, before some Justice of the Division

or same Borough Justice (which Declaration every such Jutisce

is hereby empowered to receive) ; and such Person and Clerk or

Clerks respectively shall, at such Time and in such Manner as the

said Council shall direct, pay all such Fees and Monies as he shall

so from Time to Time receive unto the Treasurer for the Time

being of the said Municipal Borough of Salford^ who shall carry

the same to the Account and Credit of the Borough Fund of the

same Borough, to be applied as Part thereof.

Clerk for Divi- XXVL The Clerk for Divisional Business shall receive all Fees

sional Business and Monies chargeable and to be received in respect of any Divi-

to receive Fees, giQ^ai Business, except such as shall be transacted at the Town-

SiarStr'Ac- ^^^P^ ®^ Places of Worsley and Heaton NorriSy or such other Place

count t^ieof to ^^ Places as is or shall be appointed under the Authority of this

Justices of Act for the holding of Sittings of a Justice of the Peace, and shall

IXvision. keep a full, true, and particular Account in Writing of aU such

Fees and Monies so chargeable and to be received, and shall once

in every Quarter of a Year, or oftener if required,^ render to the

Justices of the Division a true Account, verified by a Declaration

of the Clerk for Divisional Business for the Time being of the

Correctness thereof, to the best of his Knowledge and Belief,

before some Justice of the Division, (which Declaration every

such Justice is hereby authorized and empowered to receive,) of

all Fees and Monies received by him, and of all Payments made

thereout under the Authority of this Act during the Period of

such Account, in such Form and containing such Particulars^ as

the Justices of the Division shall from Time to Time require ; and

the same Duties as are in this Section contained with respect to

the Clerk for Divisional Business shall be performed in like

Manner by each of the Out-District Clerks, as fully as if the same

were herein repeated with respect to them respectively.

Persons making XXYII. If any Person whose Duty it shall be to make any

£ilse Beclara- such Declaration as herein-before mentioned shall in any such

ti^ guilty of Declaration wilfully and corruptly make any false Statement, the

Misdemeanor. Pergon so making the same shall be guilty of a Misdemeanor.

Clerk for Divi- XXVIII. All Fees and Monies which the Clerk for Divisional

nonal Business, Business and the Out-District Clerks respectively shall so receive

"!^ ??*"?"■ as aforesaid shall be carried to the Account of a General Fund

^^ iw ^vi!* herein-after mentioned, caUed " The Fee Fund of the Justices for

A-D. 1854. 17** & 18* VICTORIiE. 0.20. 93

*• the DiTidion of Manchester^^ and which Fund, or so much thereof received to Ac-
as shall not be from Time to Time required or applied for the co™* ^ Gene-
Purposes herein-after mentioned, shall he placed and remain in "^ ^®® 'SvaiA.
such Bank within the City of Manchester or Borough of Sa^ord
as the Justices of the Division shall from Time to Time direct :
Provided always, that it shall be lawful for the Justices of the Justices of Di-
Di vision, at any Meeting, if they shall think it necessary or ezpe- visions may ap-
dient so to do, from Time to Time to appoint any fit Person, other P®"** Treasorer
than the Clerk to the Justices, to be Treasurer of the said Fee of ^ee Fund.
Fund, with such yearly or other Salary or Allowance not exceed-
ing the yearly Sum of Fifty Pounds (to be paid out of the same
Fund) as the said Justices- shall think fit, and to take such Secu-
ricy» in such Form and Manner as may bo deemed requisite or
advisable, for the due Performance of his Office by such Treasurer,
such Treasurer to be removable from his said Office at the Plea-
sore of the said Justices ; and the said Justices shall have Power
from Time to Time to make all such Orders and Regulations for
securing the same Fund, and for keeping the Accounts relative
thereto, as to such Justices shall seem expedient ; and the said
Fund shall be from Time to Time applied in or towards the Pay-
ment of all necessary Expenses of Printing and Stationery for
Divisional Business, and of the respective Salaries and other
Charges and Expenses by this Act authorized to be paid thereout,
and the Expenses consequent upon any Sittings which may be
held elsewhere than at the New Bailey Court House, or at the
Town Hall in Salford aforesaid in pursuance of this Act.

XXIX. * And whereas under the Authority of the fourth- Fee Fond

* recited Act a Fund was formed called "The Fee Fund of the formed under

* " Justices for the Division of Manchester/" applicable to the ^^^^^jj^*

* Payment of the Salaries and other Expenses by that Act autho- Yxmd under

* rixed to be paid thereout, and there are now divers Monies this Act

* standing to the Credit of and composing the same, and it is
*' desirable that the said Fund should be made applicable to the

* Purposes of this Act :' Be it enacted. That the said Fund, and
all Monies and Securities for Money belonging to or composing
the same, shall, upon the passing of this Act, become and be
" The Fee Fund of the Justices for the Division of Manchester"
under the Authority of this Act, and that the Person who at the
Time of the passing of this Act is the Treasurer of the said Fee
Fund formed under the Authority of the said fourth-recited Act^
shall be and is hereby appointed the First Treasurer of the Fee
Fund of the Justices for the Division of Manchester under the
Authority of this Act, and nl] and every Securities and Security
given hy him, or by any Person or Persons on his Behalf, under
the said fourth-recited Act, shall enure and be as good and valid
Securities and Security under the Authority of this Act as the
same respectively would be if they and it had been given under
the Provision for taking Security in this Act contained.

XXX. No Clerk or Clerks appointed or to be appointed under Clerks diaquali-
this Act shall, except as herein-after provided, during the Con- fled from acting
tmoance of his or their Office, or within Six Calendar Months ?J ^^^ST^
afler be or they shall have resigned or shall have been removed cases.

from such Ofilce, be concerned, either by himself or themselves
or any Partners^ or in any Manner, directly or indirectly, as an

Attorney

G2a

ir & W VTOTOKLai

AJ)J[854.

Clerk for
Borough Bnsi-
nesB to conduct
Prosecation
of Borough
Offeneeg.

JuBtioesto
make Bates for
Bayment of
Salaries, &c
under tliis A*^

Attorney or Attorneys or Agent or Agents in any Matter bronght
or to be brought before the Justice irhose Clerk or ClesAa he or
they is or shidl have been, or in any Prosecution at any Court
of Sessions of the Peace, or at any A^siases, or befiore any Court
of Oyer and Terminer and Gaol Delivery, arising out of or con-
sequent upon any Proceeding before the Justice whose Clerk he
or they is or are or shall have been ; and any Clerk who shaQ
ofiend against this Enactment shall for every such Ofience forfeit
tihe Sum of Fifty Pounds, to be recovered, together with Costs ai
Suit, by any Person who shall sue for the same, by Action of Debt
in any of Her Majesty's Superior Courts of Law, to be commenoed
within Six Calendar Months next after the Commission of any-
such Ofience ; but nothing herein contained shall subject any such
Clerk or Clerks to any Penalty for any Act done by him or them
in the Discharge of his or &eir offtdal Duty as such Clerk or
Clerks : Provided always, that the Clerk or Clerks for Borough
Business, being paid by a fixed Salary in lipn of Fees and other
Emoluments as aforesaid, as well for conducting the Prosecution
of Offences committed within the said Municipal Borough of
Sedford as for his or their Services as such Clerk or Clerks, m&y
and shall and is or are hereby required to conduct all Prosecutions
at the Greneral Quarter Sessions of the Peace, or any adjourned
Sessions thereof, or at any Assizes, or before any Court of Oyer
and Terminer and Graol Deliveiy, for any Ofiences committed within
the Limits of the Municipal Borough of Saifbrd, and shall and he
or they is and are hereby required to account for and pay over all
Fees and Emoluments arising from such Prosecution, or received

S' him or them on account thereof, to the Treasurer of the said
unidpal Borough, in aid of the Borough Fund, which Fees and
Emoluments tiie said Clerk or Clerks is or are hereby authorised
and required to receive : Provided also, that the said Clerk or
Clerks shall be entitled to receive from the said Borough Fund
the Sum of Two Ghiineas per Day for every Day during which
he or they shall be necessarily attending at the said Assises, or
before any Court of Oyer, Terminer, and Gaol Delivery as afore*
said, for the Purpose of conducting the Plrosecution of any such
Ofience as last herein*before mentioned, and also the Sum of One
Guinea jp«r Day for every Day during which he or they shall be
necessanly attending an^ Court of Quarter Sessions of tiie Peace,
or any intermediate adjourned Sessions held at the New BaU^
Court House in Salford aforesaid, for the Purpose of conducting
the Prosecution of any Ofience as herein-before is mentioned,
which said Sums the Treasurer of the said Borough for the Time
being is hereby authorized and required to pay.

XXXI. And for the better providing for and securing the Pay-
ment of the several Salaries, Charges, and Expanses payable under
this Act, it shall be lawfol for the Justices of the Peace acting in
and for the said County of Lancatter at any General Quarter
Sessions of the Peace holden by Adjournment within Ihe Hundred
of Salford aforesaid, and they are hereby required, firam Time to
Time to make a Bate (not exceeding the Amount herein-afW
limited) on all the rateable Property within the said Division of
Manchester^ except such as is within the Municipal Borougha of
Salford or StoeJ^ort^ foT the Purpose of raising so mndi Money,

whidi

AJXU64. 17<> & IS"* YICTOBLai 0.20. 9ff

wbich, togethor witii the Fee Ftmd hj this Act authorized to be
imiaed and miiituiied. (the Amount or probable Amount of which
Aall from Time to Tioie be ascertained or estimated bj die said
Jnelioea as eorrectly as tdmj be,) ^all be sufficient for the Pay*
meat of the said several SiUaries^ Charges, and Expenses herein
mentioned, soch Bate to be made in the same Manner as is now
bj Law directed, authoriced, or practised for making County Bates.

XXXIL The annual Value of the rateable Property herein- Mode by which
before authorized to be rated, as such Value shall have been or "^alue of nte-
from Time to Time may be ascertained and determined for the ^^^ ^operty
Pdrpoae of assenng the County Bate upon the same Property^ Snei "^^^
may be fimn Time to Time adopted and taken by the said Justices
ae the Bane of any Assessment and Bating to be made by them
ibr the Purposes of this Act as aforesaid, without any separate or
other Valuiitioii of sueh Property or any Part thereof being made
or required*

XXXTTT, All and e^ery the Powers, Autiiiorities, Provisions, Powers of Aols
Clacoaes, and Begnlations given or contained by or in any Acts relating to
of Pacibunent now subsisting and in force for or relating to the ^|^°^ ^^i^^i
making, assnaing, collectu^, levying, paying, or enforcing of ^ tWs^AciT *
County Bates in Engkmdy shall, so far as the Nature of the Case
will admit, and except as is herein otherwise specially provided,
be deemed and taken to apply to the said Bate so by this Act
disected or authorized to be made as aforesaid, aa if the same
Powers^ Authorities^ Provisions, Clauses, and Begnlations were
here severally repeated and re-enaeted with reference to such
last-mentioned Bate, and in the same Manner and as fully and
efieetnaOy in aH respects as if such Bate respectively were a County
Bate apBOsoed or to be assessed upon the said rateable Property
faercin-before made liable to be rated as aforesaid : Provided always,
that the Sam to be raised by any Bate under the Authority of this
Aet aa aforesaid shall not in any One Year exceed the Sum of One
Penny in tiie Pound upon the annual Value of the rateable Property
hereby made liable to be rated as aforesaid.

XXXIV. The Overseers of tiie Poor of the several Townships Oreneen of
or Flaees in which is situate any Property liable to the Payment ^® ^^^ ^
of any Bate to be made under the Authority of this Act as afore- ^^^ ^^^*^
said, and aa regards such Porticm of the said Township of Heaton
Norru as is not included in the said Municipal Borough of Stock-
port the Overseers of the Poor of the same Townships or Places
respectively, or other the Persons whose Duty it shall be to collect
and levy such Bate, diall, within tiie Time limited or specified for
that Pinpose in and by an Order to be made on that Behalf by
the Jostioes who shall make such Bate as aforesaid, which Order
shall of itself, and without any other Precept or Warrant what-
soever, be a sufficient Authority for the levying of the said Bate
to every Person hereby empowered to levy tl^ same, levy and
colleet such Bate, and pay the Amount thereof into the Hands
of the Treasurer for the Time being of the said Fee Fund hereby
nthmized to be raised snd maintained, or if there be no such
Treasurer, into the EEands of the Clerk for Divisional Business,
who shall carry the sam^ to tilie Account of the same Fee Fund
as aforesaid, and the same, tsgether with the said Fees and other

Monies

96 C-20. 17*»& 18* VICTORIA. A.D.1854.

Monies to be from Time to Time received by the said Treasurer
or Clerk for Divisional Business as aforesaid, shall constitute the
aggregate Fund applicable for the Payment of the said several
Salaries and other Charges and Payments by this Act directed or
authorized to be paid thereout ; and in case any such Overseers
of the Poor or other Persons whose Duty it shall be to collect or
levy any such Rate as aforesaid shall neglect, make default, or
refuse to pay the Amount of such Kate so by them collected or
levied within the Time limited or specified for that Purpose as
aforesaid, to the said Treasurer or Clerk hereby appointed and
authorized to receive the same as aforesaid, it shall and may be
lawful for any Justice of the Peace of the said County of Lancasier^
upon Complaint thereof made by such Treasurer or Clerk as afore-
said, to levy by Distress and Sale of the Offender's Goods the said
Amount, together with all Costs of such Distress and Sale.
Application of XXXV. All Forfeitures and Penalties to be inflicted or reco-
Fenalties. verable under or by virtue of any of the statutable Powers or

Provisions hereby extended or made applicable to any Rate hereby
directed to be made and levied as aforesaid in respect of any such
Rate, or any Proceeding relating thereunto, shall, when recovered,
be paid to the said Treasurer for the Time being of the Fee Fund^
hereby authorized to be maintained, or to the Clerk for Divisional
Business, if there shall be no such Treasurer, and shall be by him
carried to the Account of the said General Fee Fund hereby autho-
rized to be raised and maintained, and be applied as Part thereof.
Application of XXXVI. It shall be lawful for the Chancellor and Council of
Monies received the Duchy of Lancaster for the Time being, and they are hereby
for^treated required, from Time to Time to make Orders upon the Receiver
Becogmzances. (^^^^^^1 ^f ^y^Q ^^[^ Duchy to pay over the Amount of Monies
(not exceeding the Sum of Eight hundred and forty Pounds in
any One Year) which shall or may be hereafter levied or received
to Her Majesty's Use upon or by reason of Recognizances taken
and estreated in the said County Palatine of Lancaster^ to the
Treasurer for the Time being of the Fee Fund hereby author]ze4
to be raised and maintained, or, if there shall be no such Trea-
surer, to the Clerk for Divisional Business, the same to be by such
Treasurer or Clerk carried to the Account and to be applied in
aid and as Part of the same General Fee Fund as aforesaid, any-
1 Anne, c. 7. thing in an Act passed in the First Year of the Reign of Queen
Anne, intituled An Act for the better Support of Her Majesties
Household, and of the Honour and Dignity of ^e Crown, or any
other Law or Statute, to the contrary notwithstanding : Provided
always, that nothing herein contained shall control or abridge the
Powers of the said Chancellor and Council to relieve and mitigate
estreated Recognizances and Levies made therein in certain Cases
of Hardship and Distress, as they are used to do.
Treasurer of XXXVII. The Treasurer of the said Fee Fund, or, if there

Fee Fund to pay shall be no such Treasurer, the Clerk for Divisional Business,
to Treararer of gh^H from Time to Time duly account with and pay over to the
ety^nSo^Mre- Treasurer of the said Borough of Saiford, to be placed by him to
ceivedforFor- *^® Account of the said Mayor, Aldermen, and Burgesses, and
feitures, &c. their Successors, One Moiety or Half Part of all Monies received
by the Treasurer of the said Fee Fund or Clerk for Divisional

Business

A.D.1854. 17« & 18*^ VICTORIiE. C.20. 97

Business for Forfeitures and Penalties and estreated Recogni-
zancesy and directed to be carried to the Account of the said
General Fee Fund under the Provisions herein-before contained.

XXXVUL And for the better Administration of the Police Constables to
within the said Division of Manchester it shall and may be lawful take Becogni-
for the Constables acting in and for the said Townships com- «wi<^ *^
prising the said Dvision of Manchester respectively, or any one
of ihem, or their respective Deputy Constables, on having an
Appointment in Writing from their respective principal Con>
stables for that Purpose, to take Recognizances, without any Fee
or Reward, from all or any Person or Persons who shall be
brought before them or any of them, in the Night-time, on any
Chaive not amounting to Felony, for the Appearance of such
Pei^ons or Person for Examination before the Stipendiary Justice
or any other Justice of the Peace for the said County Palatine
within the Space of Two Days then next, and that such Recog-
nizances so to be taken as aforesaid shall be of equal Obligation
to the Parties entering into the same, and liable to the same
Proceedings for the estreating thereof, as if the same had been
taken before any of Her Majesty's Justices of the Peace.

XXXIX. Of every Meeting of Justices to be holden under the Notice of
Provisions or for the Purposes of this Act Notice in Writing shall Meeting« of
be given, either through the Post or otherwise, to every Justice J'***^®®**
having Authority to attend such Meeting, Ten Days at least
before the same shall be held, which Notice shall state the Time
and Place for the holding of such Meeting, and the Purposes for
which the same is to be held, and it shall not be competent at any
such Meeting to entertain any Question or do any Act not men-
tioned in such Notice.

XL. No Action shall be commenced against any Persons for Notice of
any Act done or purporting to be done under the Authority of Action.
thus Act until One Month at least after a Notice in Writing of
such intended Action shall have been delivered to such Person,
or left for him at his usual Place of Abode, by the Party intending
to commence such Action, or by his Attorney or Agent, in which
said Notice the Cause of Action, and the Court in which the
same is intended to be brought, shall be clearly and explicitly
stated, and upon the Back thereof shall be endorsed the Name
and Place of Abode of the Party so intending to sue, and also
the Name and Place of Abode or of Business of the said Attorney
or Agent, if such^ Notice have been served by such Attorney or
Agent.

XU. Provided always. That nothing in this Act shall extend Saving the
or be construed to extend to or interfere with the Rights or lessen 5^*^^^^of
or prejudice the Privileges, Powers, or Authorities of the Mayor, gt<3^port and
Aldermen, and Burgesses of the said Borough of Stockport, or of the Borough
the Justices of the said Borough of Stockport, or of the Clerk or Jnstioef.
Clerks of the said Justices, in reference to anything to be done
or transacted in the said Borough in and for Matters arising
within the said Borough of Stocfyort.

XLIL The Costs, Charges, and Expenses of or incident to the l?«r Payment
BoHciting, obtaining, and passing this Act, incurred or to be ^^^^^
inearred under the Order and Authority of the Council of the ""■ ^^

17 h 18 Vioi. H Municipal

W C.20— 22. 17^&18«VICTOELaB. A.D.18S4.

UnnieipalBoroiigh of Sa^srd^ fihaU be paid <mt of tbe Borougli
FandB of thit Borough, and tbe Treaanrer dT the said Bocongh
is hereby directed and reqnired to pay the same accordingly.

CAP. XXL

An Act to apply the Sum of Eight Milliona out of the Con-
Bclidated irund to the Servioe of the Year One thousand
eight hundred and fi%-four. [16di June 1854.]

CAP. XXII.

An Act to enable the Collector General of Dublin to levy
Money to repay a certain Outlay by the Corporation for
preserving and hnproving the Port of Dublin in and about
repairing the Quay Wall of the River Ltffey, and for
future Bepairs thereof, and for repairing and rebuilding
Bridges over the said River. [16th June 1854.J

« Tl/^HEBEAS under several Acts of Parliament the Building,
' ^^ Repair, and Preservation of the Quay WaUs of the

* River Anna Liffey was intrusted to the Corporation for pre*
' serving and improving the Port of DuhUn^ and in consideration

< thereof a certain Assessment or Frontage Rate was imposed
' upon Grounds, Houses, and Buildings adjoining and fronting
' any of the Quays of said River : And whereas by an Act

1 & 2 Vict ' passed in the First and Second Years of the Reign of Her
0. 36. * present Majesty, intituled An Act to make further ProfndonM

* and to amend the Acts relating to the Harbour of Kingstown
' and the Port and Harbour of Dublin, it is' recited, that the
' Quay Walls Westward of the Bridge called Carlisle Bridge, and
' extending .to the Bridge called Barrack Bridge, had been built,

* and were then in good Order and Repair, and would not require

* for the maintaining or repairing of the same a Sum equal to the
^ full Amount of the Duty or Rate theretofore leviable upon the
' Inhabitants of that Part of said Quays ; and it was thereby

* enacted, that from and after the First Day of July One thousand

* eight hundred and thirty-eight the said Rate or Duty thereto-
' fore payable to or leviable by the said Corporation within the

* Limits aforesaid, and all Arrears thereof, should cease and

* determine, and should not foe any longer leviable by the said
^ Corporation : And whereas it was by the last-mentioned Act

* further enacted, that whenever the said Corporation should on
^ the First sitting Day of any Easter or Mushadmas Term cause

. ^ to be laid before the Court of Queen's Bench, signed vrith the

* proper Names and Handwriting of any Three Members of the

* said Corporation, and sealed wiidi their Corporate Seal, an Esti*

* mate of the probable Expense of executing or m'^^ii^g any

* Repairs which at any Tixoe or Times should be wanting on

< or by the said Quay Walls within the Limits aforesaid, verified
' bv the Affidavit of Two skilful Persons, or by the Affidavit
' of the Ballast Master for the Time being of the said Corporaticn,
' the said Court of Queen's Bench should in each uid every aueh

'Owe

A.1X1S54. ir^* ft 18« YICTOBLfi. C2£. ti

Qmab "cterge ^le Grand Jury of tbe Cotmtj of the City of
JhtUm and tbe Gnuiid Jury of tiie Coanty of DmbUn to meet
in One Boom at a certain Hue to be named by the said Courts
aoad tiiat it dienld then be lawful to and for the said Grand
Juiiee, when so assembled, or any Twenty^fonr Members
ttereoi; and they were thereby required, to present the whole
Amoimt ^ the Estimate so lidd before them to be raised and
leried by One Instalment or by equal half-yearly Instalments
at every Emter and MiduukmM l%rm on and out of all Houses
and other Buildings erected or to be erected within the District
of the MetR^olis, and to be paid by all and every the Owners
or Oeenpters thereof, and for the raising of such Sum on die
said Inhabitants, as the Case might be, to present a certain
Sate of JjMessment, which should be agreed on by the said
Gimnd Juries or any Twenty-four Memben thereof, of a certain
Sam in the Pound to be levied on the Value of all such
Houes or other Buildings according to the Valuation by which
they were tiien or thereafter might be valued or rated for or
toiRwds the Maintenance of the Police Establishment of the said
District, 'and that it should be lawM for the said Grand Juries
orr an^ Twenty-four Members thereof to make such Presentment
as aroresaid, whether they should hare been approved of by
the Piesentment Sessions for sudi Counties respeetiyely or not :
And whereas in and by an Act of Pariiament ^sed in the
TweliUi and Thirteenth Tears of Her present Mi^est/s Reign, 12 & 13 Vict
intituled An A^ to praMe for ike CoUeetkm of Ratet in ike c 91.
CS^ €f Dublin, it is enacted, that from and after the Tenth
l>ay of December One thousand* eight hundred and fifty the
several Powers, Duties, and Authorities of applotting, levying,
nnd ooUectinff the Rates, Cesses, Taxes, and Rents specified in
Schedule (A) to the said last-mentioned Act annexed should
eeaae to be exercised by the Bodies Politic *or Corporate,
Boards, Commissioners, or Persons empowered by any Act or
Acts to api^ot, levy, and collect the same, but should be vested
in and exercised by the Collector General of Rates in the said
last-named Act of Parliament mentioned, and should be per-
Ibrmed in the Manner in the said last-mentioned Act directed :
And whereas in and by an Act passed in the Twelfth and
Thirteenth Tears of wr present Majesty's Reign, intituled,
^ The IhMm Improvement Act, 1849,** it is enacted, that on
and after the Day on which the said Acts should come into
operation, all the Powers and Duties of the Orand Jury of the
Connty of the City of DtMm and the Sessions Orand Jury of
Hie City of DvMm, in relation to the presenting and levying of
Raitaa or Cesses as aforesaid, should cease and (ktermine within
the said Borough, and that from the Time aforesaid sll the
Powers theretofore exercised by or vested in relation to the pre-
seating and levying of Rates and Cesses for local Purposes
witiiin the Borough oiDubHn in the said Grand Jury or said
Sassiops Grand Jury should be transferred and be solely exer-
cised by the Council of the said Borough ; and it is thereby
enacted, that the Council of the said Borough should fix a Time
in every Tear to veonve Applications for all Things then
~ to be done by the Grand Jury of the County of the
H 2 ' City

100

C.22.

17« & 18« VICTORIJE.

A.D.1854.

* Citjoi DubUn or the said Sessions Grand Jury in relation to

* fiscal Matters, Rates, or Cesses within the Borough of Dublin,

* and that such Applications should be made in like Form as

* the same were then authorized to be made in Cases of Applica-
' tion for Presentments, and that immediatelj after the Day so
' fixed for receiying such Applications the Council should proceed

* to investigate such Applications, and decide upon them at an

* open Meeting of the said Council or of a Committee thereof

* authorized in that Behalf, and that a Schedule of such Applica-

* tions as might be agreed to with respect to Grand Jury Cess

* should be made out by the Town Clerk, who should lodge the

* same Two clear Days before the First Day of Hilary Term in
' the Year One thousand eight hundred and fifty-one, and Two

* clear Days before the First Day of Michaelmas Term in siud

* Year One thousand eight hundred and fifty-one, and Two clear

* Days before the First Day of Michaelmas Term in every suc-

* ceeding Year, with the Clerk of the Crown of the Queen's

* Bench, and that a Schedule of such Applications as might be

* agreed to with respect to Sessions Grand Jury Cess should be
' n^e by the said Town Clerk, who should lodge the same in

* every Year subsequent to the Year One thousand eight hundred
« and fifty-one Two clear Days before the First Day of October

* Quarter Sessions in every succeeding Year with the Clerk of
' the Peace for the City of Dublin, and that thereupon it should

* be lawful for the Court of Queen's Bench or any Judge of the

* said Court and the Recorder of the City of Dublin respec-

* tively to fix Days for the Consideration of the said Present-
' ments, and that on such Days at least Twenty Members of the

* said Council should attend the said Court or Judge or Recorder

* respieciively, and that the said Court, Judge, or Recorder

* respectively, after hearing all Parties afiected by or interested

* in such Presentments, should make such Orders therein, and
' should allow or disallow the same or any of them or any Portion

* thereof, as to the said Court, Judge, or Recorder respectively

* should seem fit, and should fiat the same or any Portions

* thereof, according as same should be allowed either by the

* full Court or by any of the Judges thereof or the Recorder

* respectively : And whereas since the passing of the said last-

* mentioned Act a certain Portion of the Quay Wall of the said

* River within the Limits herein-before mentioned required to be

* repaired, and the said Corporation for preserving and improving

* the Port of Dublin have repaired the Breach in said Walls, and

* expended a Sum of One thousand three hundred and ten Pounds

* Sixteen Shillings and Elevenpence in and about making said

* Repairs, and which said Sum of One thousand three hundred

* and ten Pounds Sixteen Shillings and Elevenpence hath not

* been assessed, applotted, or levied, nor hath it been repaid to

* the said Corporation for preserving and improving the Port

* of Dublin^ nor can the same, by reason of the Alterations made

* in the Mode of raising and levying Rates formerly raised and

* levied by the Grand Juries of the County of the City of

* Dublin^ be now raised or levied under or by virtue of the

* Provisions of the said herein-before recited Act of the First

* and Second Years of Her present Migesty : And whereas it

' 18

A.D.1854. 17** & 18» VICTORIJE. C.22. IM

* is neoesraiy to make Provision for the Purpose of reimbursing

* the said Corporation for preserving and improving the Port of
' DudUn in the said Sum of One thousand three hundred and ten

* Pounds Sixteen Shillings and Elevenpence so expended in and

* about the said Repairs heretofore made, and for the future
' maintaining and repairing of the said Quay Walls, and for
' repairing or rebuilding the several Bridges between CarUsie
' Bridge and Barrack Bridge, and including the said Two Bridges,
' under and by virtue of the Pow^*s and Provisions of the said
' Acta herein-before named, that is to say, the ^* Act to provide
' " for the Collection of Rates in the City of Dublin " and the

* Dublin Improvement Act, and of this Act, in the Manner herein-
' af^r mentioned, and that all and every Sum and Sums of Money

* which it may be hereafter necessary to raise or levy for the
' Purpose of the Maintenance, Preservation, or Reparation of the
' said Portion of the said Quay Wall herein-before specified and

* the repairing or rebuilding all the said Bridges, shall be esti-
^ mated, assessed, applotted, collected, raised, and paid over to the

* said Corporation for preserving and improving the Port of

* Dublin^ under the Powers and Provisions of the said Two last-
' mentioned Acts and of this Act, in the Manner herein-after
' mentioned :' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Ix>rds Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

L The Town Clerk of the City of Dublin shall include and in- Certam Sums
sert in the Schedule of such Applications as shall be agreed to with ^ ^ included
respect to Grand Jury Cess previous to next Michaelmas Term an ^^g^^Sik^rf
Application by and on behalf of the said Corporation for pre- Applicationa
serving and improving the Port of Dublin for the said Sum of preyious to
One thousand three hundred and ten Pounds Sixteen Shillings Michaelmas
and Elevenpence so expended by the said Corporation in and about Term.
tbe said Repairs of the said Quay Wall as aforesaid, and also a
Sum of Thirty-two Pounds Fifteen Shillings and Fivepence, being
Two Pounds Ten Shillings per Centum on the said Sum of One
thousand three hundred and ten Pounds Sixteen Shillings and
£levenpence, for the Costs of Collection, and that the said Court
of Queen's Bench, or any Judge thereof who shall preside in the
said Court when the Applications contained in such Schedule
shall be brought before him for Consideration, shall allow and fiat
the Sum of One thousand three hundred and forty-three Pounds
Twelve Shillings and Fourpence to and for the said Corporation
for preserving and improving the Port of Dublin,

n. When and immediately after the said Application shall be When Applica-
so fiated, the said Sum of One thousand three hundred and forty- ti<>5 5**®^i!^n
three Pounds Twelve Shillings and Fourpence shall be applotted, *^^ ^J^lAc
assessed, raised, and levied by the said Collector General of Rates i,y^^ol^^
appointed by the said Act to provide for the Collection of Rates General, as
in the City of Dublin^ in the same Manner as the Police Rate, on defined by
and oat of ail Houses and other Buildings erected within the Dis- ^ ^J ^* ^*
trict of Dublin Metropolis, as defined or authorized to be defined ^' ^^'
by an Act of the Sixth and Seventh Years of the Reign of King

H 3 fVilliam

102 0.22. 17** & W VICTOBIiB. AJ)a864.

WUUam the Foorthy intituled An Ackfwr iay^rovmg ike l%»ljc« m
4ke District of Dublin MetrapoUs^ and any other Act amending
the aame : The said Collector General of Bates shall have all the
same Powers and Authorities for apfdotting, assessing, kvyingy
and collecting, lodging, disbursing, and paying otct the said Snm
of One thousand two hundred and forty^three Founds Twelve
Shillings and Fourpence, and any Arrears in respect of the same^
as are now Tested in him for applotting^ assessing levying and
collecting the Police Bates in the said District of 3ubti» Metro-
polis, under and by Tirtue of the sftid last-mentioned Aet^ or
dherwise howsoever.
Sum when ool- IK. When and as thesaid Sum shall be socoUected and levied,
lected to be the Sum of One thousand three hundred and ten Pounds Sixteen
paid into Bank. Shillings and Elevenpence shall be lodged in the Bank of Jretoirf
to the Credit of an Account for the said Corporation for preserv*
ittg and improving the Port of DubUM, to the separate Account to
be kept therein with the said Corporation as herein-afW men-
tioned, and to be paid to tiie said Corp<»ratiQn in diachaige of the
said Sum so expended by them as before mentioned*
Ballast Board IV. From and after the passing of tikis Act^ and when and ae
to fiiniish E^ often as it shall be necessary to expend any such Sum or Sums of
^^*f* ^2^ Money for the Purpose of preserving or repairing the said Portion
wSTand of the said Quay Wall herein-before mentioned, and also for the

I/eyies to be Purpose of repairing or rebuilding all the said Bridges, the said
made, ifEsti- Corporation for preserving and improvinff the Port of DtMm
mateaapproved. shall, on or before the First Day of September in every Year, by
'their Secretary or other public Officer, estimate and ascertain^ as
nearly as may be, the Axnounts of the Sums of Money which ti»e j
shall deem to be so necessary for preserving and repairing the
said Portion of the said Quay Wall for Twelve Months next fol-
lowing the First Day of Jatmaty in each Tear, by the Name of
the Quay Wall Tax, and also for repairing or rebuilding the said
Bridges ; and the said Corporation for preserving and improving
the Port oiDtMin shall, by their Secretary or other public Officer^
sign and certify such Estimate, and transmit the same, on or
before the First Dav of September in every Year, to the Town
Clerk of the City of DubUm; and immediately after the Day fixed
by the Council of the said Borough of Dublin £at receiving such
Applications the said Council shall proceed to investigate such
Estimate or Application, and de<nde upon them at an open Meeting
of the said Council or dT a Committee thereof authorised in that
B^alf, in the same Manner as the said Council is authorised and
empowered in respect v f other Presentments ; and if the sa^
Estimate or Application should be speed to by the said Council
or Committee thereof^ then the said Estimate or Application shall
he inserted by the Town Clerk of the said Borough in the Schedule
of Applications agreed to by the said Town Council, according to
the Provisions of the Dublin Improvement Act, 1849, to be aaade
out ; and every such Estimate or Application shall be subject to
such Consideration by the Court of Queen's Bench or any Judge
thereof, and to such Orders, Allowance, or Disallowanoe by audi
Court or Judge respectively, and also to such Travenes or Oti^-
jeotions, aa is providjed with respect to Applications or Presentp

ments

AJ>a854. 17* & W VICTORLaS. C. 22^23. 103

meats in mnd bj the said iMt^mentioQed Act authorized to be
made.

T. Ib ewe any such Eatimate or Applieatioa shall not be If Estimate not
laciioped bj the said Coimci], the Forties making sueh Applica- approved of,
lall beat libertj (on giviog Six Days Notice of his Intention ^^^^ ^
to do so) to bring the same before the Court or Judge respectively ^^J^Jat lime
at the 'Hme of fiating Presentments, and if it shall appear to the of fiating Pre-
ss^ Court or Judge respectively that such Presentment or Pre- sentmentB.
seDtments should have been made» the same shall be added to the
Sehedules sent by the Town Clerk^ under the separate Heading
"^ Quay Wall Tax" or "Bridge Tax" respectively, as the Case
maybe.

VL The Amount of such Sum and Sums as shall from Time to Soma to be
Time be so presented or ilated as aforesaid shall be applotted, applotted and
raised, and levied by ^e Collector General of Bates in the same ni>^ ?°^1*'
Manner as the Pc^ce Bate^and that all the Provisians by thesaid the Pohce Rate..
Act called ** The Act to provide for the Collection of Bates in the
** City of DuhUn^ provided for the applotting, assessing, raising,
levying, lodgings acconntii^ for, auditing, and paying over the
Sums in the said Acts in that Behalf mentioned, riudl extend and
be applicable to the said Quay Wall Tax and Bridge Tax respee*
tively, as fuUy as if the same had been specifically mentioned in
the said Act, and been declared to be One of the Bates leviable
thereonder : Provided, hovrever, that the said Quay Wall Tax
and Bridge Tax respectively shall be raised and levied on and
out <£ all Houses and other Buildings erected within the said Dis-
trict of Dubkn Metropolis as aforesaid ; and the said Monies so
levied shall be lodged in the Bank of Jr«/am; to the Credit of an
Aecount for the said Corporation for preserving and improving
the Port of Dublin, to a separate Account to be called " The
•" Qpay Wall and Bridge Tax Accounts."

YIL So much of the said Actcalled An Act to make further Soi

mnd to amend the Aete relating to the Barbour of l^a^^eiSSi
Kngstown and the Pbrt and Otrbour of Dublin, or of every ^^SfKT
other Act respecting the Quay Walls, as is contradietery to or ^^ repealed.
incoBsifitent with the Provisions of this Act, shall be and is hereby
repealed.

YIUL So much of the several Acts as are herein-before recited, P^ of Acts
and as shall or may be found necessary for the Purposes of this }»«»«» "^!S^
Act, shall be considered, deemed, and taken to be incorporated "^«»'P<"**®^
herein.

IX. This Act shall commence and take effect from the Tenth Commeneement
Day of December One thousand eight hundred and fifty-four* oiAtL

<! A P. XXIIL

An Act for raising the Sum' of Six Millions by Exchequer
Bonds and Exchequer. Bills. [16th June 1854.]

H 4 CAP.

04

C.24,

17'»&18«VICTORIiE.

A.D.1854.

Increased Rate
of Income Tax
to be charged
from 5th April
1854, in lieu of
existing Bates.

Duty to be
assessed and
raised under
the Proyisions
4>{ recited Acts.

Interest on
Exchequer
BiUs how to be
eharged.

CAP. XXIV.

An Act for granting to Her Majesty an increased Rate of
Duty on Profits arising from Property^ Professions, Trades,
and Offices. [L6th June 1854.]

Most Gracious Sovereign,

WE, Your Majesty's most dutiful and loyal Subjects, the
Commons of the United Kingdom of Great Britain and
Ireland in Parliament assembled, towards raising the Supplies
to defray the Expenses of the just and necessary War in which
Your Majesty is engaged, have freely and voluntarily resolved to
give and grant unto Your Majesty the Kate and Duty herein-
after mentioned ; and do therefore most humbly beseech Your
Majesty that it may be enacted ; and be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

I. From and after the Fifth Day of April One thousand eight
hundred and fifty-four, there shall be charged, raised, levied, col-
lected, and paid yearly, unto and for the Use of Her Majesty, Her
Heirs and Successors, in lieu of the Rates and Duties chargeable
under the Act passed in the last Session of Parliament, Chapter
Thirty-four, and of the Rates and Duties granted by an Act passed
in the present Session of Parliament, Chapter Ten, for and in
respect of all Property, Profits, and Gains chargeable under the
said first-mentioned Act, the increased Rate and Duty of One
Shilling and Twopence for every Twenty Shillings of the annual
Value or Amount of all such Property, Profits, and Gains respec-
tively.

II. The said Duty hereby granted shall be assessed, raised^
levied, and collected under the Regulations and Provisions of the
said Act passed in the last Session of Parliament, and of the several
Acts therein mentioned or referred to, and all Powers, Authorities^
Rules, Regulations, Directions, Penalties, Clauses, Matters, and
Things contained in or enacted by the said several Acts, and in
force with respect to the Duties granted by the said first-mentioned
Act, shall (so far as the same are or may be applicable consistently
with the express Provisions of this Act) respectively be duly
observed, applied, and put in execution for assessing, raising,
levying, collecting, receiving, accounting for, and securing the
said Duty hereby granted, and otherwise relating thereto, as if the
same were particularly repeated and re-enacted, mutatis mutandis^
in the Body of this Act, with reference to the said Rate and Duty
hereby granted.

ni. Provided always. That the Interest on Exchequer Bills
which will become due and payable on the Twelfth Day of June
One thousand eight hundred and fifty-four for the preceding Year
shall be chargeable with the Rate or Duty of Sevenpence only for
every Twenty Shillings thereof, computed up to and including the
Fifth Day of AprU One thousand eight hundred and fifVv-four,
and with the Rate of One Shilling and Twopence for every Twenty
Shillings thereof computed from the last-mentioned Day up to the

Twelfth

AJ).1854. 17* & 18» VICTOEIJE. 0-24. 105

Twelfib Day oiJu$ie One thousand eight hundred and fifty-four :
Provided abo^ that the Interest on Exchequer Bills which shall
become dne and payable in June next after the Termination of
ibis Act aod of the said Act of the last Session of Parliament
respectiTely, or of the Duties granted by the said Acts respectively,
shall be chai^able and shall be assessed up to the Day of Pay-
ment in Juntj in manner following ; that is to say, on the Interest
computed up to the Fifth Day of April next immediately preced-
ing with the Rate of Duty which shall be in force and chargeable
under the said Acts respectivelv on the said Fifth Day of Aprils
and on the Interest computed trom the said last-mentioned Day
np to the said Day of Payment in June with the Rate of Duty
which shall be in force and chargeable as aforesaid from and after
the said Fifth Day of April; provided, that if the Duties by this
and the said other Act respectively granted shall finally cease and
determine on the said Fifth Day of Aprils then the said Interest
for the whole Year up to the said Day of Payment in June shall
be chargeable with the Rate of Duty in force on the said Fifth
Day of April immediately preceding.

IV. Provided always. That in any Case where, under or by All Relief
virtue of the said Act of the last Session of Parliament, or any Act Abatement, and
or Acts therein recited or mentioned, any less Rate or Duty than Deduction to be
the Bate of Sevenpence for every Twenty Shillings of the annual ^'^^^'J^Ld
Value or Amount of any Property, Profits, or Gains would, if this Rate ofD^Sr
Act and the said other Act of the present Session had not been granted bj this
passed, have been chargeable in the present Year, or where any Act
Relief or Abatement or Deduction is by any such Act or Acts as
aforesaid directed to be given, made, or allowed at or after aoy
Rate in such Act or Acts specified or mentioned, then and in every *

such Case the Rate of Duty, or of such Relief, Abatement, or
Deduction, to be charged, given, made and allowed respectively
under this Act, shall be in the same Proportion to the Rate or
Duty of One Shilling and Twopence for every Twenty Shillings
granted by this Act as the Rate of Duty, Relief, Abatement, and
Deduction respectively whioh in this present Year would have been
chargeable, or given, made, or allowed in the like Cases respec-
tively under the said Act of the last Session, bears to the Rate or
Duty of Sevenpence for every Twenty Shillings granted by the
said last-mentioned Act

Y. ' And whereas by the said Act of the last Session of Par- Copies of Poor

* liament the Clerk of the Board of Guardians of every Poor Law Bates in Ireland

* Union in Ireland and the Collector of General Rates in the City ^^-^i'^^jL

* of Dublin are respectively required, under a certain Penalty for ComniwiOTers

* any N^lect, to transmit to the Commissioners of Inland Revenue of Inland Be-

* yearly within the Period in the said Act mentioned true Copies Tenne only

' of the last Rates made for the Relief of the Poor, and it is found vben required

* by Experience that the yearly Transmission of such Copies is ^^ *^*"'

* for the most part unnecessary :' Be it enacted. That Copies of
the said Rates shall be transmitted at such Times only as they
shall be required by the said Commissioners, and the Penalty
imposed by the said Act for any Neglect to transmit such Copies
shall attach and be incurred only for any Neglect to transmit the

\ in porauance of any Requisition of the said Commissioners.

VL This

IOC a 24, 25. 17*^ & 18« VICT0RL2B. A.D.1854.

CommeDoeiiient YI. This Act ahall commeiioe and take eflbet from and after
and Ccmtma- the Fifth Daj of April One thousand eight handred and fif (y-fidor,
u^ of this mid, together with the Duty therein contained, shall continue in
^^ loroe during the present War, and until tlM Sixth Daj of AprU

next after t^e Batification of a DefinitiTe Treaty of Peace, and no
longer: Provided always, that if the Batification of such Treaty
shall take place at anj Tvbob bef(»« the Sixth Day of AprU One
thousand eight hundred and fifty-nine, then on and from and after
the Sixth Day of April next after the Ratification of such TreaJLy
the said increased Rate and Duty by this Act granted shall cease^
and in lieu thereof tiie several Rates and Duties granted by the
said Aet of the last Session of Parliament shaQ levive and be
payable during so much of the re^Mctiye Terms Hmited by the
said last-mentioned Act aa shall be then mezpired, as if this Act
had not been passed.
Aet to oontiniie VIL Provided always, That this Act, and the said Rate and
in force for Duty hereby granted, shall not cease at the Time herein-before
^^^^J^ appoinied in that Behalf with respect to any Assessment which
^^Nkcf ought before then to have been made, but which shall not have
^^* been made and completed, nor with respect to any Duty which

shall have been assessed and shall tiien remain unpaid, nor with
respect to any Penalty before thai incurred, nor with req)eet to
any Deduction of the said Duty or any Portion thereof autho-
rised by Law to be made oat of any Rent, Interest^ or other annnal
Payment, nor with respect to any Penaltr for refusing to allow
any 8n<^ Deduction, although such Refusal may be after the Time
appointed as aforesaid, nor with respect to the Assessment of the
Interest on Exchequer Bills becoming due in the Month of June
* next after the Time appointed fw the ceasing of the said Duty ;

but all the Powers and Provisions of this Act, and of the several
Acts herein mentioned or referred to^ shall ccmtinue in force for
making and completing all such Assessments as aforesaid, and for
levying and recovering the Duties so assessed or to be assessed,
and all Arrears of such Duties, and also for re-assessing the same
in default of Payment, and for making and allowing such Dedoe-
tion as aforesaid, and for the suing for, adjudging, and recovering
any Penalty which shall have' been or may be incurred.

CAP. XXV.

An Act to amend the Industrial and Provident Societies
Act, 1852. [16th Juue 1854.]

* ^117HEREAS by the Industrial and Provident Societies Act,

* ▼ ▼ 1852, it is enacted, '< that aU Ihe Provisions of the Laws

* ^ relating to Friendly Societies shall apply to every Society to
' ^ be constituted under the said Act, except in so far as any such
' ** Provision might be expressly varied by the said Act, or by
' '^any Rule expressly authorized to be made thereby:^ And
' whereas it is expedient to vary the Provisions of such Laws in
' relation to Societies registered under Ihe Act aforesaid, so far

* aa concerns the Manner in which legal Proceedings shaU be

* carried on in any Mattffl* concerning any sueh Society :' Be it
therefore enacted by the Queen's meet Eaeellent Mi^estj, by anA

with

AJX18S4. IT' & 18* VICTOBIiB. 0*25, 101

inlh tlk» Adviee and Cooaeo^ of the Lords Sfiiritaal and Tem-
poral^and Commooflain this present Parliament assemUed, and by
the Anthoritj of the same, as follows :

L After the passing of this Act» no Suit or Proceeding shall Snitstobe
be OQinmeDoed or prosecoted by or against the Trustees of any earned on mtfas
Society registered under the Industrial and Provident Societies ^'"^^^^^^^
Act, 185% except ia the Case herein-after provided ; but aU Suits ^^^^^
and ProcoBding8» whether at Law, in Equity, or in Bankruptcy or be a^^dte
Seqaestralion* or oth^wiae howsoeyer, aa well in Greai Britain that PoipQat.
and Irdand as in the Colonies and Dependencies thereoi^ by or on
behalf of any such Society, against any Person or Persons, whether
Bodiea Politic or others, v^ whether Members or not of sudii
Sodety» shall be eemmenoed and prosecoted in the Name of One
ef the Two Officers for the Tine being appointed to sue and be
sued on behalf of such Society^ and registered in pursuance of the
Direetiona ibr sach Appointment and Begistration respectiTsly
hereinrafter contained ; and all Suits and Proceedings^ whether at
Law or in Eqaity> or by or on behalf of any Person or Penons^
whether Bodies Politic or others^ and whether or not Members of
aach Society, against such Socie^, shall be commenced and prose*
eoted against rach Officers, or if there shall be no soeh Officer fiv
tha 'Daae bsang, then against the Trustees of the said Society.

IL Eyery such Society shall, within One Calendar Month after OfBoen to be
the passing of this Act, i^point Two Officers to sue or be sued on appointed to
behalf thereof in manner aforesaid, and make or cause to be made ^ne and be nied
a Betnm to the Begistrar of Friendly Societies of the Names and ^^^^^
Deacriptiona of the Officers so appointed ; and every such Socie^ ^^T^mek
may £nMD Time to Time remove any Officer so appointed ; and &c. u> be le-
m. case ^ the Death, Besignation, or Bemoval of any such Offioer tarnedtoBegii»-
the said Society shall, within One Calendar M(mth thereafter, trar of Friendly
appoint in his Stead anothw Officer to sue and be sued on behalf S<x^i^t>^
of such Society, and make or cause to be made a Betum to the
said Begistrar as aforesaid containing as well the Nauke and
Description of the Person who has ceased to be such Officer in
manner afinresaid as the Name and Description of the Officer who
has been ^pointed in his Stead to sue and be sued on behalf of
anch SocietT ; ai^ every such Betum ^all be signed by Three Form of Be-
Membera of such Society, and countersigned by the Omcers or torn.
Offioer so appointed, and shall be kept with the Bules of the
Society; and in case any Society should neglect or refuse to Inde&oltof
^point any Officers or Offioer to sue and be sued as aforesaid, the ^Appointment
"Dniataea o^ such Society,, or the Majority of them, may appoint '^'^'^^^^^l^y
any Meubera or Member of such Society to be such Officers or Sr^^BT'
Offieer, and shall forthwith make such Betum as last aforesaid tunsL
vnder the Hand of such Trustees and such Officers or Officer ;
and every Appointment so made shall be as effectual for all the
Purposes of tlna Act as if it had been made by such Society*

EEL Any Person shall be at liberty to require a Copy of such Betnns to be
Betnm to be certified by the Begistrar ; and there shall be paid certified, and
tat snch Certificate a Fee of One Shilling and Sixpence, and no 9f^^^
more ; and the Day of the Begistration of eyery Betnm to be Evidence.
iMde in paraoanfie of this Act shall be written on aueh Betum by
Aa said AE^stnrs and aCopy so certified aa aforesaid of ancb
, inclBdiiv thai IhiB to be mazhed tbeieon^ shaB be received

in

108

C.25.

17^ & 18* VICTORIA.

A.D.1854.

Proceedings
commenced in
Name of Offi-
cer not to be
abated by his
Death, &&, or
by Change of
Members of
Society.

Effect of Judg-
ments, &c.
against the
Society.

Bankruptcy,
&c of Officer
not to affect
liability of
Society.

Sendee of Pro-
cess on Society.

Dissolution of
Society not to
prevent wind-
ing-up of its

Suits pending
against Trustees
to be carried on
against Offloert

in Eyidenco in all Proceedings, whether Civil or Criminal, and
shall also be received as Evidence of the Day of the registering
thereof.

IV. No Action, Suit, or Proceeding, whether Civil or Criminal,
commenced either by or against any such Society, (whether in the
Name of One of the Officers appointed to sue and be sued as afore-
said, or of some Member of such Society, in the Case and in manner
aforesaid,) shall be abated or prejudiced by the Death or by any
Act of such Officer, or Person, or by the Resignation or Removal
of such Officer either before or after the Commencement of such
Action, Suit, or Proceeding, or by any Change in the Members of
such Society, but the same shall be continued in the Name of such
Officer or Member (as the Case may be), notwithstanding such
Death or Act, or such Resignation or Removal, and notwithstanding
such Change in the Members of such Society.

V. All Judgments, Decrees, Interlocutors, and Orders obtained
in any such Actions, Suits, or other Proceedings as aforesaid,
against such Officer or Member, in manner aforesaid, whether such
Member or Officer respectively be Party to such Actions, Suits, or
Proceedings as Plaintiff, Pursuer, Petitioner, or Defendant or
Defender, shall have the same Effect against the Property and
Effects of such Society as if such Judgments, Decrees, Interlocu-
tors, or Orders had been obtained in Suits or Proceedings against
the Trustees of such Society, and Execution or Diligence shall be
issued thereon accordingly.

VI. The Bankruptcy, Insolvency, or stopping Payment of any
Officer or Member of such Society in his individual Capacity shall
not be construed to be the Bankruptcy, Insolvency, or stopping
Payment of such Society ; and the Property and Effects of such
Society shall, notwithstanding such Bankruptcy, Insolvency, or
stopping Payment, be liable to Execution or Diligence in the same
Manner as if such Bankruptcy, Insolvency, or stopping Payment
had not taken place.

VII. In all Cases wherein it may be necessary for any Person
to serve any Summons, Demand, or Notice, or any Writ or other
Proceeding, at Law or in Equity, or otherwise, upon any such
Society, l^rvice thereof respectively on the Secretary of the said
Society, or by leaving the same at the Head Office for the Time
being of the said Society, or in case such Secretary shall not be
found or known, then Service thereof on any Agent or Officer
employed by the said Society, or by leaving the same at the usual
Place of Abode of such Agent or Officer, shall be deemed good
and sufficient Notice of the same respectively on such Society.

Vm. In case of the Dissolution of any such Society, such
Society shall nevertheless be considered as subsisting, and be in
all respects subject to the Provisions of this Act, so long and so
far as any Matters relating to the same remain unsettled, to the
Intent that such Society may do all Things necessary to the
winding-up of the Concerns thereof, and that it may be sued and
sue under the Provisions of this Act in respect of all Matters
relating to such Society.

IX. When any Action, Suit, or Prosecution shall, at the passing
of this Act, be pending by or on behalf of or against the Trustee
or Trustees of any Society, the same shall fmd may be proceeded

AJ>.1854. 17' & 18* VICTORI-aS. 0-25, 26.. 109

in by or Against such Registered Officer as aforesaid, in the proper
Name or Names of the Person or Persons commencing or defend-
ing the same ; and such Officer shall pay or receive like Costs as
if the Action or Suits had commenced m his or their Name or
Names for the Benefit of or to be reimbursed from the Funds of
such Society.

X. The Provisions of the Laws relating to Friendly Societies Provisioiu of
whereby the Trustees of any Society are declared incapable of Friendly So-
proseeuttng any Action or Proceeding in any Court of Law or ^^ieties Act, id-
Equtty on behalf of such Society, until they shall have duly fur- T^airteSw^m
nished to the R^istrar a general Statement of the Funds and g^ing^ not to
Effects of such Society, shall not apply to the Prosecution of any apply
Action or other Proceeding by the Begistered Officer of any
Society registered under the Industrial and Provident Societies
Act, 1852. •

CAP. XXVL

An Act to assimilate the Law and Practice existing in Cases
of High Treason in Ireland to the Law and Practice
existing in Cases of High Treason in England,

[3d July 1854.]

' yiT^HEREAS by an Act passed in the Session of the Parlia-

* ^^ ment of Great Britain held in the Seventh Year of the 7 Anne, c. 21 .

* Reign of Her late Majesty Queen Anne, intituled An Act for

* improving the Union of the Two Kingdoms, it is amongst other
' things enacted, that from and after the Period therein specified,

* and long since elapsed, '^ when any Person should be indicted for
' ** High Treason or Misprision of Treason, a List of the Witnesses

* ** that should be produced on the Trial for proving the said In-

* ^ dictment, and of the Jury, mentioning the Names, Professions,

* ** and Place of Abode of the said Witnesses and Jurors, should
' *' be also given at the same Time that the Copy of the Indict-
' ** ment should be delivered to the Party indicted, and that Copies
' ^ of all Indictments for the Offisnces aforesaid should be deli-

* •* rered to the Party indicted Ten Days before the Trial, and in

* ** Presence of Two or more credible Witnesses, any Law or

* ^ Statute to the contrary notwithstanding :" And whereas the

* herein-before recited statutable Enactments do not extend to

* Ireland; and it is expedient, just, and reasonable that they

* should be extended to that Part of the United Kingdom :' Be
it therefore enacted by the Queen's Most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,

and by the Authority of the'^same, That after the First Day of ProTisionsof
Awigust One thousand eight hundred and fifty-four the Enact- 7 Anne, c 21.
ments in the said Act passed in the Session of the Parliament of ^^^^ ^
Great Britain held in the Seventh Year of the Reign of Her late ^^^
Majesty Qaeen Anne contained and herein-before recited shall
extend and apply to Ireland, and that as fully and e£fectuaLly as if
the same enactments were here repeated.

CAP.

w^

no C.27. 17*&WVICT0RUR A.ai854.

CAP. XXVIL

An Act for gnmtiiig certain additional BAtes and Duties ct
.Exdfle. [Sd JTiiZy 1854.]

Most Gracious Sovereign,

~Ey Your Majesty's most dutifiod and l^al Suljects, ihe
Commons of tlie United Sngdom of Crreat Britam and
Irdamdy in Parliament assembled, towards raising the Supplies
to defray the Expenses of the just and necessary War in wfaieh
Tour Majesty is engaged, have freely and voluntarily reselv^
to give and grantunto Tour Majesty the several additional Ratoa
and Duties of Excise herein ren>eetively mentioned; and do
therefore most humbly beseech Tour Mi^esty that it may be
• enacted ; and be it therefore enacted by the Queen's most Excel-

lent Majesty, by and with the Advice and Consent of the Lords
SpiritufJ and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, as follows :
Grant of lynties L There shall be charged, raised, levied, collected, and paid
of Bxcise in unto and for the Use of Her Majesty,. Her Heirs and Successors,
^^^^^^ (-^) upon the several Goods and Commodities mentioned and described
*^ wO in the several Schedules marked respectively (A) and (C.) here-

unto annexed, the several Sums of Money and additional Duties
of Excise as they are respectively inserted, described, and set
Allowsnoes and forth in the said Schedules ; and there shall be made, allowed, and
DrawbackB in pjij^j foj. oj. in respect of the Goods and Commodities mentioned
d^r (^^ and described in the several Schedules marked respectively (B.)
"* ^ '^ and (D.) hereunto annexed, the several Allowances and Drawbacks

of Excise, as the same are respectively inserted, described, and aet
forth in the said last-mentioned Schedules ; and the said Duties,
Allowances, and Drawbacks respectively shall commence and take
effect from the respective Days mentioned in the said Schedules
or this Act respectively in Cases where special Dates are inserted,
and in Cases where no Date is inserted the same shall commence
and take effect from and after the passing of this Act.
The Duties by ^' ^® Duties by this Act granted on Malt shall continue and
this Act granted be charged and paid during the present War, and until and upon
on Malt to con- the Fifth Day of July next after the Ratification of a definitive
tinnedmringthe Treaty of Peace, and no longer : Provided always, that upon the
War only. ceasing of the said Duties on jkhe Event and at the Time aforesaid

Uie Duties of Excise on Malt, and the several Allowances and
Drawbacks of Excise for or in respect of Malt used in the distil-
ling of Spirits and brewing of Beer respectively, and granted or
payable respectively under the several Acts in force in that Behsif
immediately before the passing of this Act, shall revive, and be
charged and allowed respectively in lieu of the Duties, Allowances^
and Drawbacks by this Act granted upon or in respect of Malt^ as
if this Act had not been pa!»ed.
Dnties, &c. to m. The said several Duties, Allowances, and Drawbacks of
be under the Excise by this Act granted and imposed and allowed respectively
^^^^^^^ ^ shall be under the Management of the CoramisstonerB of Inland
iionen of La- Revenue, and shall be charged, raised, levied, collected, recovered,
landBeyenne, paid> applied, and allowed respectively in such and the like
and to be ool* Manner, and by the same Means, Ways, and Methods by which

other

AJ>.1854. 17« ft »• YICT(»LIiB. a 27. . Ill

Dittiei^ ABowmaoBBf and Dnwbaeks of Ezdae upon or in lected and paid
_ , jci of Gioods or OomflioditieB of the same Sorts or Kinds mder the Pro-
reapectivtdj are or waj be respectiTelj charged, raised, levied, ^^H^ ^^^
eoUected* leeorered, aUowed, paid, and applied; and all Aets ^^^^
veiadBg to the Dsties, AIloiranoeB, and Drawbacks of Excise re-
aneetiVelj, and all Fumbs, Foifeitares, Ptons, and Penalties for any
Qlieace against or in breach of any Act or Acts for secnring the
Dotiee of Excise or any of them, or for the Regulation or Improve-
nent thereof, and the several Claosee, Provisions, Powers, and
Directions contained in soch Acts, shall and are hereby dirasted
and declared (except as altered by this Act) to extend to and shall
be respectively apfdied, practised, and put in exeention for and in
respect of the aaid Duties, Allowances, and Drawbacks hereby
granted, imposed, and allowed respectively in as fnlland ample a
Manner to all Intents and Purposes as if all and every the said
Acts, Glaoaea, Pktyvinons, Powers, and Diredaons, Pains, Penal-
tiea, and Forfeitures, were particnkriy repeated and re-enacted in
the Body of this Act with reference to the said Duties, Allow-
ances, and Drawbacks hereby re^ectively granted, imposed, and
allowed as aforesaid.

IV. Every Malster or Bfaker of Malt, Dealer in or Seller or Malsten.
Retailer or Boaster of Malt, Brewer, Distiller, or Vinegar Maker, Browen, &e.
and eveiy other Person who, in trust for or for the Use, Benefit, ^ ^71S^^'
or Account of any such Parson as aforesaid, had in his Custody |^ ^ ^J^
or Possession, or in his House, Outhouse, Bam, Granary, or in Possession on
any other Place whatsoever, upon the I^ghth Day of Ma^ One 8th May 1854,
thousand eight hundred and fifty*four, any Parcel or Quantity of and Malsters
Malt whatsoever, ground or nnground, shall, within Ten Days a ^^^trfAe
next afW the passing of this Act, give a true and particular ^^^^eand
Account thereof in Writing at Ihe (Moe of Excise within the disposed of by
Limits of which he shall then inhabit ; and every Malster or them within
Maker of Malt shall in like Manner give such Account of the One Month ;
Disposal of aU the Malt which he shall have made or had in his ^^^
Poeocssion on or within Chie Calendar Month preceding the ^'

Eighth Day of Ma^ One thousand eight hundred and fifty-four,
specifying the Quantity of Malt and &e Date of each and every
Delirery diereof, and the Name and Besidence of the Person to
whom ^ same respectively was sold or delivered, and the Place
at which the same respectively was delivered, upon pain of for-
feiting the Sum of One hundred Pounds, or Forty Shillings for
every Bushel of such Malt, at the Election of the Attorney Greneral
or the Person who shall sue or prosecute for the same, for every
Neglect or Default therein ; and die Malt belonging to any Person Penalty for
by whom any such Account ought to be given, and of which no De&olt
soch Account as aforesaid or of which a false Account shall be
given, shall be forfeited, and shall and may be seised by any Officer
of Excise ; and the Duty by this Act imposed on Malt Stock in Duty on Malt
hand shall be payable and paid on or before the Fifth Day of Stock in hand,
Jmfy One thousand eight hundred and fifty-four^ unless Security J^^^V^J'
be given to the Satisfection of the Commissioners of Inland
Bevenoe for Pajrment of the same by Instahnents at the Times
and in manner following; (that is to say,) One Eighth Part
thereof on the Twenty-fourtii Day of Jufy One thousand eight
hundred and fifty-four. Que other Eighth Part tiiereof on the

Fourth

112

a27.

n*&18«VICT0RLS!.

A.D.1854.

Penalt:f for
BeAisaL

Officers of
Excise may
enter Premises
of Maltsters,
&c. to take an
Account of
Halt in Stock.

Penalty on not
suffering Offi-
cers to take
Stock, or mo-
lesting them in
the Execution
of their Duty,
or for clandes-
tinely remoying

Fourth Day of September One thousand eight hundred and fiftj-
four, One other eighth Part thereof on the Twenty-third Day of
October One thousand eight hundred and fifty-four. Two Eighth
Parts thereof on the Fourth Day of December One thousand eight
hundred and fifty-four, and Three Eighth Parts, the Remainder
thereof, on the Twenty-fourth Day of January One thousand
eight hundred and fifty-five ; and every such Malster or Maker of
Malt, Dealer in or Seller or Retailer or Roaster of Malt, Brewer,
Distiller, or Vinegar Maker, who shall refuse or neglect to make
such Payments or any of them for his Stock of Malt at such Time
or Times respectively, shall forfeit douhle the Amount of all the
Duties charged or chargeable for or in respect of such Stock of
Malt, or One hundred Pounds, at the Election of Her Majesty's
Attorney Greneral, or the Person who shall sue or prosecute for
the same.

V. It shall be lawful for the Officers of Excise respectively to
take a true and particular Account and Admeasurement of all such
Malt as any Malster or Maker of Malt, Dealer in or Seller or Re-
tailer or Roaster of Malt, Brewer, Distiller, or Vinegar Maker, or
any Person in trust for or for the Use, Benefit, or Account of any
such Person as aforesaid, shall have had, or been possessed of or
interested in, on the said Eighth Day of May One thousand eight
hundred and fifty -four, or at any Time since, or shall have or be
possessed of or interested in at any Time within One Calendar
Month next after the passing of this Act, and for that Purpose
to enter into any Dwelling House, Outhouse, Bam, Granary, or
other Place whatsoever belonging to every or any such Midster
or Maker of Malt, Dealer in or Seller or Retailer or Roaster of
Malt, Brewer, Distiller, or Vinegar Maker, or other such Person
as aforesaid, and every such Person is hereby required to permit
and sufier such Officer or Officers, at any Time before the Duty
upon such Malt shall be paid, to enter and take an Account and
Admeasurement thereof, and for that Purpose to cast such Malt
into a regular Form, for the better ascertaining the Quantity
thereof; and if any such Person as aforesaid shall refuse to per-
mit or sufier any Officer of Excise so to do, or if any Person shall
obstruct, oppose, molest, or hinder any Officer of Excise in the
due Execution of such Powers hereby given, op shall use or permit
or sufier to be used any Means, Art, or Contrivance by which any
Officer may be deceived, hindered or obstructed in ascertaining or
taking a true Account of the actual Quantity of all such Malt, such
Person so ofiending shall forfeit One hundred Pounds, or Forty
Shillings for every Bushel of such Malt, at the Election of Her
Majesty's Attorney General or the Person who shall sue or prose-
cute for the same, for every such Ofience ; and if any lidUilster or
Maker of Malt, Dealer in or Seller or Retailer or Roaster of Malt,
Brewer, Distiller, or Vinegar Maker, or any other Person having
in his Custody or Possession any Quantity of Malt chargeable by
this Act with the said Duty or Duties or any Part thereof for
Stock in hand as aforesaid, shall have clandestinely removed or
carried away or caused or suffered to be removed or carried away
the same or any Part thereof before the Duties thereupon shall be
charged, or shall fraudulently conceal or hide or cause or sufier to
be concealed or hidden, or shall not produce to the Inspection of

the

A,D.1854. l?'^ & 18 » VICTORIA 0.27. 113

the Officer of Excise eiich Malt and every Part thereof, then and
in every such Case the Person so offending shall forfeit the Sum
of One hundred Pounds, or Forty Shillings for every Bushel of
such Malt, at the Election of Her Majesty's Attorney General or
the Person who shall sue or prosecute for the same, and the Malt
which shall have heen so clandestinely removed or carried away
or fraudulently concealed or hidden shall bo forfeited, and shall
and may he 'seized by any Officer of Excise, and the Person in
whose Custody or Possession such Malt shall be found who shall
not before the Discovery thereof give Notice at the next Office
of Excise of the Quantity of Malt so in his Custody or Posses-
sion shall also forfeit the like Amount or Rate of Penalty.

VL On all unscreened and unground Malt in the Possession of Allowance to
any Malster or Maker of Malt, Dealer in or Seller or Betailer or ^ deducted
Roaster of Malt, Brewer, Distiller, or Vinegar Maker, or any 5^mt taken
Person in trust for or for the Use, Benefit, or Account of any such ©fAeMalt ^^
Person as aforesaid, and Tifhich shall be taken account of by any stock m hand
Officer of Excise, and charged with the Duty on Malt Stock in for the Increase,
hand hereby imposed, there shall be allowed and deducted from
such Account, previously to such Charge of Duty, Twenty per
Centum on all Brown or Porter Malt, and on all roasted or Black
Malt, and Seven and a Half per Centum on all other unscreened
and unground Malt

VIL * And whereas Contracts or Agreements may have been Additional

* made for the Sale or Delivery of some of the Goods or Com- Butiefl to be

* modities on which increased or additional Duties of Excise are ^j^^*** *^.

* by this Act granted and imposed, which Contracts or Agreements tractedfa^*^"
' may have been made with no Reference to such additional Duties,

' and thereby the several Contractors maybe materially affected :'
For Remedy thereof, be it enacted. That every Person who shall
have made or entered into any such Contract or Agreement shall
be and is hereby authorized and empowered, in the Case of any
such Contract or Agreement, to add so much Money as will l>e
equivalent to ^e increased or additional Duty hereby granted on
any such Goods or Commodities respectively to the Price thereof,
and shall be entitled by virtue of this Act to be paid and to sue
for and recover the same accordingly.

Vni. If, on the Exportation of any Beer, or on the shipping or Penalty for
Entry thereof for Exportation, or on giving Notice of Intention to untruly stating
ship or enter the same for Exportation, any Person shall state or the original
represent the original Gravity of the Worts used in the brewing of g^^ ^aim-
such Beer to have been of greater Specific Gravity than the actual -^^ higher Bate
Gravity thereof before Fermentation, or if any Person shall, on any of Drawback
such Occasion as aforesaid, claim any higher Bate or greater Amount than entitled to.
of Drawback in respect of such Beer than he shall be by Law justly
entitled to claim for the same, every Person so offending in any such
Case ahidl forfeit the Sum of Fifty Pounds, over and above all other
Penaltiea and Forfeitures for any such Offence ; and if any Question
shall arise as to the Specific Gravity of such Worts, the Proof of Proof to lie
the actual Specific Gravity thereof before B'ermentation shall lie on on the
the Person shipping or entering such Beer for Exportation or claim- Claimant,
lag the Drawback thereon.

IX. Upon the Removal to England or Ireland for Consumption Removal of
there of Spirits distilled in Scotland from Malt only, One Half Malt Spirits

17 k 18 Vict. I only ^^ ^<^^

114

C.27.

17^ & 18^ VICTORIiE.

A.D.1854.

Conditions on
which Spirits
distilled from
Malt may be
delivered for
Consumption.

onlj of the Allowance granted and made on sucli Spirits under this
Act shall be repaid by the Distiller or Proprietor of such Spirits.
X. Any Spirits distilled in England or Ireland from Malt only,
and on which the Allowance granted by this Act has been made
as for Exportation or Use as Ships Stores, may be deHrered for
Ck)n8umption in England and Ireland respectively on Repayment
by the Distiller of One Half of such Allowance ; and any such
Spirits as aforesaid may be removed from a Duty-free Warehouse
in England OT Ireland to a Duty-free Warehouse in Scotland^ and
delivered for Consumption there, without Repayment of such Al-
lowance or any Part thereof.

SCHEDULES to which this Act refers.
SCHEDULE (A-)
DUTIES.
MALT.

For and upon every Bushel, Imperial Standard Mea-
sure, and so in proportion for any greater or less
Quantity, of Malt, which, after the Eighth Day of
May One thousand eight hundred and fifty-four,
shall be made, in any Part of the United Kingdom
of Great Britain and Ireland, from Barley or any
other Corn or Grain (except Malt made for Home
Consumption in Scotland and Ireland respectively
from Bear or Bigg only), or which, after the said
Day, shall be brought firom Scotland into England
without a Certificate from the proper Officer that it
hath paid the full Duty of Excise imposed thereon by
Law, or which, after the said Day, shall be brought
from Ireland into England without such Certificate,
in lieu of all other Duties of Excise now payable
under any Act or Acts in force, the Duty of -

And for and upon every Bushel, Imperial Standard
Measure, and so in proportion for any greater or less
Quantity, of Malt, which, after the said Day, shall
be made from Bear or Bigg only in Scotland and
Ireland respectively, for Home Consumption there,
in lieu of all such other Duties of Excise as afore-
said, the Duty of -

And for and upon every Bushel of Malt, whether
ground or unground, belonging to any Malster or
Maker of Malt, Dealer in or Seller or Retailer or
Roaster of Malt, Brewer, Distiller, or Vinegar Maker,
and which, on the Eighth Day of May One thou-
sand eight hundred and fifty-four, shall be either in
his Custody or Possession or in the Custody or Pos-
session of any other Person in trust for him, or for his
Use, Benefit, or Account^ in England, Scotland, or
Ireland, the following additional Duty over and above
all other Duties of Excise paid or payable thereon
under any other Act or Acts now in force, that is to
say, an additional Duty after the Rate of -

Diitie&
£ s. d.

0 4 0

-031

0 1 3^

A.D.1854. 17" & 18* VICTORIA- C.27. 116

Provided always, that if such last-mentioned Malt shall £ s. d,
be in Scotland or Ireland, and shall have been made,
for Home Consumption there, from Bear or Bigg
onlv, then an additional Duty only after the Rate per
Boshel of- - - - --010

SPIRITS.

Scotland and Ireland.

For and upon every Gallon of Spirits of the Strength
of Hydrometer Proof which", on or after the Eighth
Ihiy of May One thousand eight hundred and fifty-
four, shall be distilled in Scotland and Ireland respec-
tively, or be in the Stock, Custody, or Possession of
any Distiller in Scotland or Ireland, or of any Person
in trust for him, or for his Use, Benefit, or Account,
or which, having been distilled in England, Scotland,
or Ireland, shall on or after the said Day be in Ware-
house in ScotUnd or Ireland, and be taken out of
Warehouse for Consumption in Scotland or Ireland,
or which, having been taken out of Warehouse in
England for Removal to Scotland or Ireland, shall on
or after the said Day be brought into Scotland or
Ireland, the additional Duty following ; that is to
aay.

In Scotland, the additional Duty of - - 0 1 0

In Irehmd, the additional Duty of - - 0 0 8

And so in proportion for any greater or less
Degree of Strength, or any greater or less
Quantity.

Channel Islands. Duties.

For and upon every Gallon of Spirits of the Nature £ s. d,

or Quality of plain British Spirits, of the Strength

of Hydrometer Proof, manufactured or distilled in

the Inlands of Guernsey, Jersey, Aldernoy, and Sark

respectively, and imported from any of the said Islands

into Scotland or Ireland, the following countervail-
ing Duties to be charged and paid on and after the

Eighth Day of May One thousand eight hundred and

fifty-four ; that is to say, ,

If imported into Scotland - - - 0 6 10

If imported into Ireland - • . - - 0 6 2

And 80 in proportion for any greater or less
Degree of Strength, or any greater or less
Quantity of such Spirits imported into Scot-
land and Ireland respectively.

In lieu of the countervailing Duties of Excise now-
chargeable on such last-pientioned Spirits under
any other Act or Acts in force.
I 2

116

C.27.

17« & 18<» VICTORIiE.

A.D.185 4

SPIRIT MIXTURES.

.For and upon tbo several Mixtures, Compounds, Prepa*
rations, and Commodities next herein-after enume-
rated or described which, on or after the Eighth
Day of May One thousand eight hundred and fiftj-
four, shall be removed from Scotland or Ireland to
England, or from Ireland to Scotland, the several
Sums of Money and Duties of Excise herein-after
respectively inserted and set forth, in lieu of the
respective Duties of Excise now payable thereon
under any other Act or Acts in fi>rce ; that is to say,

Countervailing I>atie8.

Articles enomerated.
For every Gallon thereof removed.

Prom
Scotland to

From
Ireland to
England.

From
Ireland to
Scotland.

Ether

Sweet Spirits of Nitre

Camphorated Spirits

Lavender Water, and other Per-
fumes, being Spirits scented
with Essential Oils, Flowers, or
other Ingredients

Compound Spints of Lavender -

Spirits of Rosemary

Spirits of Ammonta

Sal Volatile

Friar's Balsam

Compound Tincture of Benzoin -

Tincture of Assafoetida -

Tincture of Castor

Tincture of Kino

Tincture of Guiacum

Tincture of Myrrh

Tincture of Ginger

Spirit Varnishes

Other Tinctures and Medicated
Spirits

Made Wines

£ s. d.

0 5 5

0 8 3

0 2 2
0 0 8^

£ s. d.
0 9 7

0 5 9

0 8 10
0 0 5^

£ 9. d.

0 4 2
0 2 6

0 1 8
0 0 2J

SUGAR,
Used in thb Brewing of Bbeb.

I^ty.

£ 8. d.

For and upon every Hundred Weight, and so in pro
portion for any greater or less Quantity than a
Hundredweight, of all Sugar which after the Tenth
Day of May One thousand eight hundred and fifty-
four shall be used by any Brewer of Beer for Sale in
the brewing or making of Beer - - 0 5 2

A.D.1854. 17** & 18« VICTORIiE. C.27. 117

In Ilea of the Duty of Excise chargeable on such
Sugar under the Third Section of the Act 13 &
14 Vict c 67.y but over and above all other
Duties^ whether of Excise or Customs.

SCHEDULE (B.)

ALLOWANCES AND DRAWBACKS. Allowance or

Drawback.

For and upon every Gallon of Spirits of the Strength £ s. d.
of Hydrometer Proof, and so in proportion for any
greater or less Quantity or any greater or less Degree
of Strength, distilled in Scotland from Malt only,
which shall be mashed on or after the Eighth Day
of May One thousand eight hundred and fifty-four,
and which Spirits shall be distilled at the Kate of
Two Grallons of such Spirits for every Bushel of
Barley Malt, or One Bushel and Three Tenth Parts
of a Bushel of Malt made from . Bear or Bigg, the
Allowance of - - - - -014

Li lieu of all Allowances granted on such Spirits
bj any other Act or Acts now in force.

Provided always, that if the Quantity of Malt
mashed and used in the Production of such Spirits shall
be less than after the Rate of One Bushel of Barley
Malt, or One Bushel and Three Tenth Parts of a Bushel
of Malt made from Bear or Bigg, for every Two Gal-
lons of Proof Spirits charged with Duty a Deduction
from the Amount of such Allowance shall be made
after the Bate of Four Shillings for every Bushel of
Barley Malt, and every Bushel and Three Tenth Parts
of a Bushel of Bear or Bigg Malt, which shall respec-
tively be so deficient.

And for and upon such Spirits distilled in Scotland
from Malt only, and on which the Allowance afore-
said shall have been made, and which said Spirits
shall be duly removed from Warehouse for Expor-
tation or for Use as Ships Stores, and be duly ex-
ported or shipped as Stores under and according to
the Laws and Regulations of Customs in such respect,
over and above the Allowance aforesaid, and in lieu
of the Drawback granted and payable under the
Eleventh Section of the Act 11 & 12 Vict. c. 122.,
for every Gallon of such Spirits actually exported or
shipped as Stores as aforesaid, a Drawback of - 0 0 8

And for and upon every Gallon of Spirits of the Strength
of Hydrometer Proof, and so in proportion for any
greater or less Quantity, or any greater or less Degree
of Strength, distilled in England or Ireland for Ex-
portation only or for Use as Ships Stores, from Malt

I 3 only

118 C.27. 17« & 18" VICTORIA. A.D.1854.

onlj, mashed on or after the said last-mentioned Day, £ s, d.
in lieu of the Allowance on such Spirits granted and
payable under the Thirteenth Section of the Act
11 & 12 Vict c 122., an Allowance of - - 0 1 4

And for and upon such Spirits distilled in England or
Ireland from Malt only, and which shall be duly re-
moved from Warehouse for Exportation, or for Use
as Ships Stores, and be duly exported or shipped as
Stores under and according to the Laws and Regu-
lations of the Customs in such respect, over and
above the Allowance aforesaid, and in lieu of the
Drawback granted and payable under the said Thir-
teenth Section of the Act 11 & 12 Vict. c. 122., for
every Gallon of such Spirits actually exported or
shipped as Stores as aforesaid, a Drawback of - 0 0 8

And for and upon all British Spirits distilled or made
from any other Materials than Malt only, such Ma-
terials being mashed on or after the Eighth Day of
May One thousand eight hundred and fifty-four and
which Spirits shall have been duly warehoused in
any Warehouse in the United Kingdom, and removed
therefrom for Exportation or for Use as Ships Stores,
in lieu of the Drawback granted and payable under
the Fourteenth Section of the said Act 1 1 & 12 Vict,
c. 122., for every Gallon at Proof of such Spirits
actually exported or shipped as Stores as aforesaid,
a Drawback of - - - - 0 0 2

And for and in respect of all Sugar and Molasses
actually received and used on or after the Eighth
Day of May One thousand eight hundred and fifty-
four, in the brewing or making of Worts or Wash
brewed or made from Sugar only, or from Molasses
only, or fi^m any Mixture of these Materials and
Treacle, or Malt or Grain, and distilled into Spirits
by any Distiller in England, Scotland, or Ireland, an
Allowance after the Rate of Fifteen per Centum on
the Amount of the Allowances granted in respect of
such Sugar and Molasses respectively, and specified
in the respective Schedules (A.) and (B.) annexed
to the Act 11 & 12 Vict c. 100^ in addition to such
Allowances respectively.

And for and upon all Mixtures, Compounds, Prepara-
tion3, and Commodities next herein-after enumerated
or described, which, on or after the Eighth Day of
May One thousand eight hundred and fifty-four, shall
be removed from England to Scotland or Ireland, or
from Scotland to Ireland, the several Drawbacks of
Excise respectively herein-after inserted and set forth,
in lieu of the respective Drawbacks of Excise now
payable thereon under any other Act or Acts in
force ; that is to say,

A.D.1854.

17* & 18» VICTOBIiE.

C.27.

119

Coil^teryailing Drawbacks.

ArtieiM enumerated.
For eTcry Gallon thereof remoyed.

From
England to
Scotland.

From

England to

Ireland.

From

ScoUand to

Ireland.

Ether

Sweel Spirits of Nitre - O

Camphorated Spirits

L^Tender Water, and other Per-

fomes, being Spirits scented

with Essenti^ Oils, Flowers, or

other Ingredients
Compoond Spirits of Lavender -
Spiriu of Rosemary
Spirits of Ammonia
SalVoUtUe - ' '\
Friar*s Balsam

Compound Tincture of Benzoin -
Tincture of Assafoetida
Tincture of Castor
Tincture of Kino - - -
Tincture of Guiacum
Tincture of Myrrh^
Tincture of Ginger
Spirit Varnishes - - -.
Other Tinctures and Medicated

Spirits
Made Wines

£ 8. d.

0 5 5
0 3 3

0 2 2
0 0 3i

£ 8. d.

0 9 7
0 5 9

0 3 10
0 0 5i

£ 8. d.
0 + 2

0 2 fi

0 1 8
0 0 2^

And for and upon every Barrel of Thirty-six Gallons,
and so in proportion for any greater Quantity, of
Beer brewed or made after the Eighth Day of May
One thousand eight hundred and fifty-four by any
entered or licensed Brewer of Beer for Sale in the
United Kingdom, in the brewing of which Beer the
Worts used before Fermentation were of the Specific
Grravity herein-after mentioned, and which shall be
duly exported from any Part of the United Kingdom
to Foreign Parts as Merchandise, in lieu of all other
Drawbacks on such Beer granted by any other Act
or Acts now in force, the Drawback herein-after
specified . and set forth ; that is to say, when the
original Gravity of such Worts was not less than

Specific Grarity.
1-041 -
1-054
1-068

1081 - - . .

1-096

1108 ... -

1-122

I 4

Drawback.

£0

68.

Od.

0

8

0

0

10

0

0

12

0

0

14

0

0

16

0

0

18

0

12a C.27. 17" & IS** VICTORI-S;. A.D.1854.

SCHEDULE (C.)

DUTIES.

SPIRITS (SCOTLAND).

For and upon every Gallon of Spirits of the Strength
of Hjdrtimeter Proof, which on or after the Twenty-
sixth Day of May One thousand eight hundred and
fifty-four shall be distilled in Scotland, or be in the
Stock, Custody, or Possession of any Distiller in
Scotland, or of any Person in trust for him, or for
his Use, Benefit, or Account, or which, having been
distilled in England, Scotland, or Ireland, shall on
or after the last-mentioned Day be in Warehouse in
Scotland, and be taken out of Warehouse for Con-
sumption in Scotland, or which, having been taken
out of Warehouse in England for removal to Scot-
land, shall on or after the said last-mentioned Day
be brought into Scotland, the additional Duty of
Fourpence, and so in proportion for any greater or
less Degree of Strength or any greater or less Quan-
tity of such Spirits, to be charged and paid in
addition to all Duties thereon payable under any
other Act or Acts in force, and in addition also to
the Duly thereon contained in Schedule (A.) of thia
Act.

Chaknel Islands.

For and upon all Spirits of the Nature or Quality of
plain British Spirits, manufactured or distilled in the
Islands of Guernsey, Jersey, Aldemey, and Sark re-
spectively, and imported from any of the said Islands
into Scotland, an additional countervailing Duty of
Fourpence for every Gallon of such last-mentioned
Spirits of the Strength of Hydrometer Proof, and
so in proportion for any greater or less Degree of
Strength or any greater or less Quantity of such
Spirits, to be charged and paid on and after the
Twenty-sixth Day of May One thousand eight hun-
dred and fifty-four, in addition to the countervailing
Duty thareon contained in Schedule (A.) of this Act.

SPIRIT MIXTURES.
For and upon the several Mixtures, Compounds, Pre-
parations, and Commodities herein-after enumerated
or described, which on or after the Twenty-sixth Day
of May One Thousand eight hundred and fifty-four
shall be removed from Scotland or Ireland to Eng-
land, or from Ireland to Scotland, the several Sums
of Money and Duties of Excise herein-after respec-
tively inserted and set forth to be charged and paid
in lieu of the respective Duties thereon contained in
Schedule (A.) of this Act ; (that is to say^)

A.D.1854.

17" & 18» VICTORIA.

C.27.

121

Aztiefes enamented.

From

From

trom

Scotland to

Ireland to

Ireland to

Bngland.

England.

Scotland.

£ $. d.

£ s. d.

£ 8. d.

Ether - ...

0 + 7

0 9 7

0 5 0

Sweet Spirits of Nitre

Camphorated Spirits

Lavender Water and other Per-

fumes, being Spirits scented

with Essential Oils, Flowers, or

other Ingredients

Compound Spirits of Lavender -

Spirits of Rosemary

Spirits of Ammonia

Sal Volatile - - ^

0 2 9

0 5 9

0 3 0

Friai's Balsam

Compound Tincture of Benzoin -

♦

Tmcture of Assafcetida -

Tmcture of Castor

Tincture of Kino

Tincture of Guiacum

Tincture of Myrrh

Tincture of Ginger

Spirit Vdmishes

Otiier Tinctures and Medicated

Spirits - - - .

0 1 10

0 3 10

0 2 0

Made Wines

0 0 2|

0 0 5^

0 0 3

SCHEDULE (D.)

ALLOWANCES AND DRAWBACKS.

¥oT and in respect of all Sugar and Molasses actually
used after the Fifth Day of July One thousand eight
hundred and fifty-four in the brewing or making of
Worts or Wash brewed or made from Sugar only, or
from Molasses only, or from any Mixture of these
Materials and Treacle or Malt or Grain, and distilled
into Spirits by any Distiller in England,, Scotland,
or Ireland, an Allowance after the Rate of Nine
Shillings and Fourpence for every One hundred and
twelve Pounds of Sugar so used, and after the Rate
of Three Shillings and Twopence Halfpenny for
every One hundred and twelve Pounds of Molasses
80 used, to be allowed and paid in lieu of the Allow-
ances in respect of such Sugar and Molasses respec-
tively contained in Schedule (B.) of this Act.

For and upon all Mixtures, Compounds, Preparations,
and Commodities next herein-after enumerated or
described, which on or after the Twenty-sixth Day

of

122

C.27,28.

17*» & 18^ VICTORIA.

A.D.1854.

of May One thousand eight hundred and fifty-four
shall be removed from England to Scotland or Ire-
land, or from Scotland to Ireland, the several Draw-
backs of Excise herein-after inserted and set forth to
be allowed and paid in lieu of the respective Draw-
backs thereon contained in Schedule (B.) of this
Act ; (that is to say,)

Coontervailing Drawbacks.

Articles enumerated.
For every Gallon thereof removed.

From
England to
Scotland,

From

England to

Ireland.

From

Scotland to

Ireland.

Ether

Sweet Spirits of Nitre -

Camphorated Spirits

Lavender Water and other Per-
fumes, being Spirits scented
with Essential Oi s, Flowers, or
other Ingredients

Compound Spirits of Lavender -

Spirits of Rosemary

Spirits of Ammonia

Sal Volatile

Friar's Balsam -

Compound Tincture of Benzoin -

Tincture of Assafoetida

Tincture of Castor

Tincture of Kino • - -

Tincture of Guiacum

Tincture of Myrrh

Tincture of Ginger

Spirit Varnishes -

Other Tinctures and Medicated
Spirits

Made Wines - -

£ s, d.
0 4 7

0 2 9

0 1 10
0 0 2|

e s. d

0 9 7
0 5 9

0 3 10
0 0 5i

£ s. d.
0 5 0

0 3 0

0 2 0
0 0 3

CAP. XXVIIL

An Act to alter and amend certain Duties of Customs.

[3d July 1854.]

Most Gracious Sovereign,

WE, Your M^jest/s most dutiful and loyal Subjects the Com-
mons of the United Kingdon of Great Britain and Ireland^
in Parliament assembled, towards raising the Supplies to defray
the Expenses of the just and necessary War in which Your
Majesty is engaged, have freely and voluntarily resolved to give
and grant unto Your Majesty the several additional Rates and
Duties of Customs herein respectively mentioned ; and do there-
fore most humbly beseech Your Majesty that it may be enacted ;
and be it enacted by the Queen's most Excellent Majesty, by and

with

A.D.1854. 17» & 18» VICTORIA. C.28. 123

^with the Advice and Consent of the Lords Spiritual and Temporal,
mnd Commons, in this present Parliament assembled, and bj the
Authority of the same, as follows :

L The Duties of Customs now chargeable on the Articles next Daties now
berein-afWr mentioned imported into Scotland and Ireland shall cliargeable on
cease and determine, and in lieu thereof the following Duties of ^^^^^^^
Customs shall be charged, on and after the eighth Day of May ^^ °^^
One thousand eight hundred and fifty-four ; viz, following

Duties to be
Spibits OB Strong Waters. charged.

For every Gallon of such Spirits or Strong Waters of any
Strength not exceeding the Strength of Proof by Sykei^
Hydrometer, and so in proportion for any greater or less
Strength than the Strength of Proof, and for any greater or
less Quantity than a Gallon, viz*. Spirits or Strong Waters
the Produce of any British Possession in America^ or the
Island of MauriHus, not being sweetened Spirits, or Spirits
mixed with any Article, so that the Degree of Strength
thereof cannot be exactly ascertained by such Hydrometer : —

Duty per Gallon.
Rum : Jd 8, d.

If imported into Scodand - - - 0 6 0

If imported into Ireland - - - 0 4 4

Spirits other than Bum :

If imported into Scotland - - ' - 0 6 0

If imported into Ireland - - - 0 4 4

Rum, the Produce of any British Possession within the Limits
of the East India Company's Charter, in regard to which
the Conditions vof the Act of the Fourth Victoria^ Chapter
Eight, have or shall have been fulfilled, not being sweetened
Spirits or Spirits so mixed as aforesaid : —

U imported into Scotland - - - 0 6 0

If imported into Ireland - - - 0 4 4

Kum Shrub, however sweetened, the Produce of and imported
from such Possessions qualified as aforesaid, or of and from
any British Possession in America, or the Island of Mau-
ritius:—

If imported into Scotland - - 0 6 0

K imported into Ireland - - - 0 4 4

II. On and after the Ninth Day of May One thousand eight Additional

hundred and fifty-four, there shall be charged on all Sugar, in Duty of

addition to the Duty payable by Law thereon, a further Duty of Customs on

Customs of Fifteen Pounds per Centum upon the Produce and ^*^S^-
Amount of the Duty so payable.

ILL On and after the Tenth Day of May One thousand eight Additional

hundred and fifty-four there shall be charged on Molasses, in Duty of

addition to the Duty payable by Law thereon, a further Duty ^"^j^^®^

of Customs of Fifteen Founds per Centum upon the Produce and °
Amount of the Duty so payable.

And as to pre-existing Contracts :
IV. Every Person who may, before the Day on which the Duty As to Pre-
under thia Act is made payable on any of the said Articles, have existing

entered ContractF.

124 C.28, 29. 17^ & W VICTORIA. A.D.1854.

entered into any Contract or Agreement for tlie Delivery of any
such Article on or after the Day on which such Duty is made
payable on such Article, is hereby empowered to add to the con-
tracted Price of such Article such a Sum of Money as will be
equivalent to the increased or further Duty, as the Case may be,
by this Act made payable thereon, and shaU be entitled by virtue
of this Act to be paid for the same accordingly.

CAP. XXIX.

An Act to alter the Duties of Customs on Sugar, Molasses,
and Spirits. [10th July 1854.]

Most Gracious Sovereign,
T^TE, Your Majesty's most dutiful and loyal Subjects, the Com-
^ ^ mens of the United Kingdom of Great Britain and Ireland^
in Parliament assembled, towards raising the Supplies to defray
the Expenses of the just and necessary War in which Tour Ma-
jesty is engaged, have freely and voluntarily resolved to give and
grant unto Your Majesty the several additional Duties of Customs
herein respectively mentioned; and do therefore most humbly
beseech Your Majesty that it may be enacted ; and be it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same, as follows :

Duties of Cus- I. That from and after the Fifth Day o^ July One thousand
toms on Sugar eight hundred and fifty-four there shall be raised, levied, col-
beleiSed^Ser** ^^^*^^» *°*^ P*^^^ ""*^ ^®^ Majesty, Her Heirs and Successors, in
5th July 1854, ^^^ *°^ instead of the Duties payable by Law on Sugar and
Molasses, the several Duties of Customs, as follows ; viz.

Candy, Brown or White, Refined Sugar, or. Sugar *. d.
rendered by any Process equal in Quality thereto,
until the Second Day of August One thousand eight
hundred and fifty-four inclusive, for every Huu-
dredweight - - - - -174

And from and after that Day, for every Hundred

weight - - • - --16 0

White Clayed Sugar, or Sugar rendered by any Pro-
cess equal in Quality to White Clayed, not being
Refined or equal in Quality to Refined, for every
Hundredweight - - - --140

Yellow Muscovado and Brown Clayed Sugar, or
Sugar rendered by any Process equal in Quality
to Yellow Muscovado or Brown Clayed, and not
equal to White Clayed, for every Hundredweight - 12 0
Brown Muscovado, or any other Sugar, not being
equal in Quality to Yellow Muscovado or Brown
Clayed Sugar, for every Hundredweight - 110

Molasses, for every Hundredweight • - 4 3

CommiMionen XL For facilitating the due Assessment of Duties on White

of Cuftoms to Clayed Sugar, or Sugar rendered by any Process equal to White

^"M'samSwof ^^^y^^y *"^ ^" Yellow Muscovado, Brown Clayed Sugar, or

^"^ Sugar

A.D.1854. 17^ & 18» VICTORIA C.29. 125

Sngar rendered by any Process equal in Quality to Yellow Mus- White Clayed
covado or Brown Clayed Sugar, with reference to Colour, Grain, Sugar and
and Saccharine Matter, considered collectively as they affect the ^^ O^yed.
general Quality of such Sugars, the Commissioners of Customs ^^*
shall provide and renew from Time to Time Samples of White
Clayed Sugar and of Sugar rendered equal in Quality to Wliite
Clayed Sngar, and of Yellow Muscovado or Brown Clayed Sugar,
which shaU be deemed to be Standard Samples for the Purpose
of comparing therewith Sugars entered for Home Consumption,
and no Sugar shall as regards the Payment of Duty be deemed
to be White Clayed Sugar or Sugar rendered by any Process
equal to White Clayed Sugar, unless equal to the Standard Sam-
ples of White Clayed Sugar or of Sugar rendered equal in Quality
to White Clayed Sugar, or be deemed to be Yellow Muscovado or
Brown Clayed Sugar, or Sugar rendered by any Process equal
to YeUow Muscovado or Brown Clayed Sugar, unless equal to the
Standard Sample of Yellow Muscovado or Brown Clayed Sugar :
It shall also be lawful for the Commissioners of Customs, if the
Commissioners of Her Majesty's Treasury shall so direct, to fur-
nish separate Samples for the Assessment of the Duties on Yellow
Muscovado and on Brown Clayed Sugars, and also for the Assess-
ment of the Duties upon Refined Sugar.

in. In lieu of the Bounties and Drawbacks now payable on Drawbacks cm
the Exportation of Refined Sugar, the following Bounties or Draw- Befined Sugar
backs shall be allowed, from and after the Fifth Day of July One Sf,P®^*** ^®
thousand eight hundred and fifty-four, on the Exportation or on ^
the Removal to the Isle of Man for Consumption there of the
several Descriptions of Refined Sugar herein-after mentioned;
(that is to say,)

Upon Refined Sugar in Loaf, complete and whole, or s, d.
Lumps duly refined, having been perfectly clarified
and thoroughly dried in the Stove, and being of
an uniform Whiteness throughout, or such Sugar
pounded, crushed, or broken, or Sugar Candy, the
Hundredweight - - - - 15 0

Upon Bastard or Refined Sugar broken in Pieces, or
being ground or powdered Sugar, or such Sugar
pounded or crushed, or broken, for every Hundred-
weight - - - - - 11 0
IV. It shall be lawful for Her Majesty by Order in Council, HerMijestyby
at any Time or Times before the First Day of July One thousand Orders in Coan-
eight hundred and fifty-five, to alter or vary the Bounties or Draw- ^^* T'^ti!^^-
backs made payable by this Act, or to substitute others in lieu ^Jf^J^]^*,'
thereof or apportion them with reference to the Qualities or Elinds
of Sugar upon which the same shall by such Order or Orders in
Council be allowed or made payable.

Y. Every Order in Council made under the Authoritv of this Orders in
Act shall, as soon as may be after the making thereof by Her Council to be
Majesty in Council, be published in the London Gazette; and a ^^^^ ^
Copy of every Order in Council so made shall be laid before both )^^ bS?b!rfore
Houses of Parliament within Six Weeks after issuing the same, parliament
if Parliament be then sitting, and if not, then within Six Weeks
after the Commencement of the then next Session of Parliament.

VL So

126

C.29.

17«& 18« VICTORI.^.

A.D.1854.

Bepeal of cer-
tain Parts of
Customs Con-
solidation Act

Existing Bonds
to remain in
force.

No Sugar to be
refined in
Bonded Sugar
House.

Sugar refined
before 2d July
to be deposited
in approved
Warehouse.

Officers of
Customs to
take Stocks of
Sugar Refiners.

Sugar Refiners
may work up
their Stock
without taking
in Sugar in the
meantime.

Additional
Duties of Cus-
toms to be
levied on Spirits
imported into
Scotland.

VI. So much of Sections One hundred and seven and One hun-
dred and eight of the Customs Consolidation Act as permits or
relates to the Delivery from the Warehouse, without Payment of
Duty, of Sugar for the Purpose of being refined in Bonded Sugar
Houses, is hereby repealed.

Vn. All existing Bonds entered into under Section One hun-
dred and eight are to remain in force until the Conditions thereof,
or the Objects of this Act, so far as such Conditions are hereby
varied, are complied with.

Vni. From and after the Twenty-fifth Day of June One thou-
sand eight hundred and fifty-four no Sugar shall be taken into
any Bonded Sugar House for the Purpose of being refined, nor
shall any raw Sugar which shall then be in any such Refinery be
melted or otherwise dealt with for the Purpose of or in order to
the Refinement thereof.

IX. All Sugar which shall have been refined in such Bonded
Sugar Houses before the Second Day of July next, and all Treacle
or other Produce thereof, shall bo removed to and deposited in
some approved Warehouse under and subject to the same Rates
of Duty, Laws, and Regulations as are then in force with refe-
rence to Sugar imported from any Foreign Country, so fieur as the
same are applicable.

X. Immediately after the Second Day of July One thousand
eight hundred and fifty-four, and before any further Supply of
Sugar shall be taken into any such Sugar House, an Account
of the Stock remaining therein shall be taken by the Oflficers of
Customs, under such Regulations as the Commissioners of Cus-
toms shall direct, of all Sugar, Molasses, Syrup, or other Materials
in Process of refining, and the Duty due thereon shall be forthwith
assessed and paid, according to the relative Qualities thereof under
the directions of the Commissioners of Customs.

XI. Provided always, That if any Occupier or Proprietor of
any such Sugar House shall, on the Twenty-fifth Day of June^
elect to refine and work up all the Sugar on Hand in such Sugar
House without taking in any other Sugar in the meantime, he
shall have the Option of so doing, and of warehousing the same,
on or before the Tenth Day of August One thousand eight hun-
dred and fifty-four, for Home Consumption, upon Payment of the
proper Duties thereon, or for Exportation.

Xn. On and after the Twenty-sixth Day of May One thousand
eight hundred and fifty-four there shall be raised, levied, collected,
and paid unto Her Majesty, Her Heirs and Successors, for and upon
the Articles under mentioned imported into Scodand, the Duties
of .Customs herein-after specified, in addition to the Duties now
chargeable thereon under any Act or Acts in force, and in addi-
tion to any Duties granted in the present Session of Parliament ;
(that is to say,)

Spirits or Strong Waters, the Produce of any British ^ *. c/.
Possession in Americay or the Island of Mauritius^
not being sweetened Spirits or Spirits mixed with
any Article, so that the Degree of Strength thereof
cannot be exactly ascertained by Sykes^BHydrometer

Rum,

A.D.1854. n° & 18» VICT0RL«5. C.29, 30. 127

Rom, tbe Prodace of any British Possession within f #. d.

the UmiU of the East India Company's Charter

in n^ard to which the Conditions of the Act 4 Vict.

c. 8. have or shall have heen fulfilled, not being

sweetened Spirits or Spirits so mixed as aforesaid - ^ 0 4
Rnm, Shrub, however sweetened, the Produce of and

imported from such Possessions, qualified as afore-
said, or of or from Any British Possession in America,

or the Island of Mauritius ...

For every Gallon of such Spirits or strong Waters of

any Strength not exceeding the Strength of Proof

by Sjfkes^s Hydrometer, and so in proportion for any

greater or less Strength than the Strength of Proof,

and for any greater or less Quantity than a Gallon .

CAR XXX.

An Act for granting certain Duties of Excise on Sugar made
in the United Kingdom. [10th July 1854.]

Most Gracious Sovereign,
V\7E, Your Majesty's most dutiful and loyal Subjects, the
^ ^ Commons of the United Kingdom of Great Britain and
Ireiamd in Parliament assembled, towards raising the Supplies to
defray the Expenses of the just and necessary War in which Your
Majesty is engaged, have freely and voluntarily resolved to give
and grant unto Your Majesty the several Kates and Duties of
Excise herein respectively mentioned; and do therefore most
humbly beseech Your Majesty that it may be enacted ; and be
it enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, as follows :

I. In lieu of the Duties of Excise on Sugar made in the United Grants of
Kingdom now payable under any other Act or Acts in Force, there I>uties of
shall be charged, raised, levied, collected, and paid unto and for ^^^^ ^^
the Use of Her Majesty, Her Heirs and Successors, from and after ^^^^"'
the Twenty-sixth Day of May One thousand eight hundred and
fifty-four, on Sugar made in the United Kingdom, the several
Sums of Money and Duties of Excise herein-after inserted, de-
scribed, and set forth ; (that is to say,)

On Candy, Brown or White Refined Sugar, or Sugar £ s, d.
rendered by any Process equal in Qualify thereto,
for every Hundredweight - - - 0 16 0

On White Clayed, or Sugar rendered by any Process
equal in quality to White Clayed, not being Refined
or equal to Refined, for every Hundredweight - 0 14 0

On YeUow Muscovado and Brown Clayed, or Sugar
rendered by any Process equal in Quality to Yellow
Muscovado or Brown Clayed, and not equal to
White Clayed, according to a Standard to be fur-
nished by the Commissioners of Her Majesty's
Treasury, for every Hundredweight - - 0 12 0

On

128

C.SO.

17° & 18*> VICTORIiE.

A.D.1854.

Grant of Duties
on Sugar used
in the brewing
of Beer, and on
Licences to
Brewers to use
Sugar.

New Duty to
be raised and
levied in the
same Manner
as other Ex-
cise Duties ;
and Powers
and Penalties
of all Excise
Acts to apply
tothis Aet

On Brown Mascovado, and anj other Sugar not beiDg £ s, d,
equal in Quality to Yellow Muscovado or Brown
Clayed Sugar, according to a Standard to be
furnished by the said Commissioners, for every
Hundredweight - - - -OIIO

On Molasses, for every Hundredweight - -04-6

And so in proportion for any greater or less Quantity than a
Hundredweight.

n. There shall also be charged, raised, levied, collected, and
paid unto and for the Use of Her Majesty, Her Heirs and Suc-
cessors, from and after the Fifth Day of July One thousand eight
hundred and fifty-four, on Sugar used in the brewing or making
of Beer, and on Licences to use Sugar in the brewing or making
of Beer, the several Sums of Money and Duties of Excise herein-
after inserted, described, and set forth ; (that is to sa^,)

For and upon all Sugar which, on and after the hixth Day of
July One thousand eight hundred and fifty-four, shall be
used in any Part of the United Einedom by any Brewer of
Beer for Sale in the brewing or nuuking of Beer, the Dutj
of Six Shillings and Sixpence for every Hundredweight, and
so in proportion for any greater or less Quantity than a
Hundredweight of such Sugar, to be payable and paid by
such Brewer in lieu of the Duty of Excise chargeable thereon
under the Third Section of the Act passed in the Thirteenth
and Fourteenth Years of Her Majesty's Reign, Chapter Sixty-
seven, or of any Duty of Excise substituted for the last-men-
tioned Duty by any Act of the present Session of Parliament,
but over and above all other Duties whether of Excise or
Customs :
And for and upon every Licence to be taken out annually by
every Brewer of Beer for Sale, who shall intend to use any Sugar
in the brewing or making of Beer, the Duty of Twenty Shillings,
in. The said Duties by this Act granted shall be under the
Management of the Commissioners of Ldand Revenue, and shall
be charged, raised, levied, collected, applied, and accounted for
under the Provisions of the Act passed in the First Year of Her
M^esty's Reign, Chapter Fifty-seven, and in such and the like
Manner, and in and by the same Means, Ways, or Methods by
which any other Duties of Excise are or may be charged, raised,
levied, collected, applied, and accounted for ; and the said first-
recited Act, and all and every other Act or Acts relating to the
Duties of Excise on Sugar, and all and every Fines, Pain, Penalty,
and Forfeitures, Pains, and Penalties, for any Ofience against or
in breach of the said Acts, or any other Act or Acts, for securing
the Duties of Excise, or for the Regulation thereof, in force imme-
diately before the passing of this Act, and the several Clauses,
Powers, and Directions therein contained, shall and the same are
hereby directed and declared to extend to, and shall be applied,
practised, and put in execution for and in respect of the Duties
of Excise by this Act granted, in as full and ample a Manner as
if all and every the said Act and Acts, Clauses, Provisions, Powers,
Directions, Fines, Forfeitures, Pains, and Penalties were repeated
and re-enacted in this Act with reference to the said Duties hereby
granted.

IV. Every

A.D.1854. 17^ & 18" VICTORLaJ. ," C.Sa 129

lY. EverjBretrer of Beer for Sale Mtending to nae Sagar in Brewers in-
Uie brewing or making of Beer shall take out a Licence in that t^dixig to vie
Bdialf under this Act, and shall pay the Duty charged on such ^^ ^ ^
lacenee ; and everj snch Licence shall be in such Form as the ^^^ Parpoae.
Ornimismoners of Inland Rerenne shall direct* and shall be granted
by the ipropet Officers of Excise duly authorized to grant Licences
under any Law of Excise ; and eyery such Licence shall expire on
the Tenth Day of October next after the granting thereof, and
diaD be renewed annually in like Manner as other Excise Licences
are by Law required to be renewed.

V. It shaU be lawful for the Commissioners of inland Revenue Commifltioners
fitm Time to Time to make such Regulations for the using of <if Iniand
Sugar in the brewing or making of B^r as they may deem to be SH^^iI^Ia-
ezpMlient and proper for securing the Duty by this Act granted tj^j^, iSrS^
apoo Sugar so used ; and from and after the Fifth Day of Jufy Sngmr in the
One thousand eight hundred and fifty-four it shall not be lawfui brewing of
for any Brewer of Beer for Sale, otherwise than in accordance ^«^*
witii such Regulations^ nor without having taken out such Licence
as by this Act is required in that Behalf, to make use of any
Sugar in the brewing or making of Beer, or in the preparing
or making any Liquor or other Preparation for darkening the Brewers not to
Odiaar of Worts or Beer, or to use or have in his Custody or "•« Sugarcon-
PoaseHirien any snch Liquor or Preparation, prepared or made wonso^i^-
iruMn Sugar, under P^ of the several Penalties and Forfeitures ^i^ Uoeoce.
in ihmi Behalf oootained in the several Acts passed respectively <
in the Fifty-sixth Tear of the Reign of King George the Third, .
Chapter Fifty-eight, and in the Seventh and Eighth Years of the
Rogn of King George the Fourth, Chapter Fifty-Two^ anything
contained in an Act passed in the Tenth Year of Her Migest/s
Reign, Chi^ter Five, or any other Act or Acts, to the contrary
thereof in anywise notwithstanding ; and if any Brewer of Beer
for Sale who shall not have taken out such Licence as aforesaid
afaall at any Time after the Fifth Day of Jidg One thousand eight
hundred and fifty-four receive or take into or have in his Cust^y
or Possession any Sugar (except for the necessary and ordinary
Uae of his Family, the Proof whereof shall lie on such Brewer,)
the same shall be forfeited, and such Brewer shall be subject in
respect thereof to the like Penalties and Forfeitures contuned
in the several Acts before mentioned.

VL Every Brewer of Beer for Sale intending to use Sugar in Brewers to
the brewing w making of Beer, or in the preparing or making make Entry of
of any Liquor or other Preparation for darkening the Colour of Pr«mw» fw
Worts or Beer, shall make a true and particular Entry in Writing, !?2S^%^
signed by him, of his Name and Place of Abode,, and of every ^'^^ ^'
Building, Warehouse, Storehouse, Shop, Room, or Place intended
to be made use of by him for the keeping or storing of Sugar, or
of using the same in the brewing or making of Beer, or in the
preparing or miaking of any Liquor or other Preparation for
darkening ihe Colour of Worts or Beer ; and every such Entry
shall be delivend to the proper Officer of Excise authoriased to
receive tiie same ; and in every such Entry every Building, Ware**
house, Storehouse, Shop, Boom, and Place shall be distinguished
by a particular Number or Letter, or Number and Letter, and the
Pkirpose for wbieh the sfune is intended to be used shall be Qpeci-

17 & 18 Vict. K fied

130

0.30,31.

IT^&lS'^VIGTORIiE.

A.D.1854«

Brewers oring
Sugar to enter
in the proper
Book the Hour
at which they
intend to mash
or diflsolye
Sugar.

. ficfd and deaeribed ; and etety iooh Entrj shall alto aot fartkthe
Place where anj snob Building or <yther Premises as af(Mesaid shall
be situated t and if any Sugar shall be found in any Building,
Warehouse, Storehouse, Shop, Boom, or Plaee of or belonging to
any Brewer of Beer for Sale, and of which sudi £ntry as herein
directed has not been made, such Sugar shall be fbifeited, and
may be seised by any Officer of Excise^ and such Brewer shall
be subject and liable to the Penalty imposed by the Sixth Secti(»
of the Act passed in the Fourth and Fifth Yesrs of the Bdgn of
King WiUiam the Fourth, Chapter Fifity-oBe, for erery such
unentered Building, Warehouse^ Storehouse, Shop, Boom, or Place.
YIL £very Breww of Beer for Sale shall, in addition to the
several Particulars which by the Laws in force he is required to
enter in the Book or Paper proyided for the Purpose of entering
therein the Quantity ti Malt and Sugar respectively used or in*
tended to be used by him in the brewing of Beer, enter or cauee
to be entered in such Book or Paper the particular Hour of the
Day at which he intends to mash any Malt or to dissolve any Sugar ;
and such Entry shall be made Twenty*four Hours at the least
before he shall begin to mash any Malt or to dissolve any Sugar*
under the like Penalty for any Refusal or Neglect to make 6U<^
Entry as is hereby directed to be made in such Bode or Paper,
or for cancelling, oblit««liBg, or altering the same, as by the Laws
in force such Brewer is fcul^ect or liable to for any Refusal or
Neglect to make any other Entry therein, or for cancelling, <Mite-
ratingy or altering any such other Entry.

C A P. XXXL

An Act for the better Begulation of the Trafllc on Bailways
and Canals. [10th July 1854.]

< ^l^HEREAS it is expedient to make better Provision for
c 1 f regulating the Traffic on Railways and Canals :' Be it
enacted by the Queen's most Excellent M^esty, by and with the
Advice and Consent of the Lords Spiritoal and T^nporab and
Commons, in this present Parliamant assembled, and l^ the
Authority of the same^ as follows :
I. In tiie Construction of this Act '' the Board of Trade" shall
mean the Lords of the Committee of Her Majesty's Privy
Council for Trade and Foreign Plantatiottat
The Word << Traffic" shall include not only Passengers, and
their Luggage, and Goods, AnimalSb w<l other Things con-
veyed by any Railway Company (ht Canal Company, or Rail-
way and Canal Company, but also Catriag^ Waggon^,
Trucks, Boats, and Vehieles of every Descriptitti adapted
for running or passing on the Railway or Oaoal of any s«ch
Company :
The Word '« Railway" shall include ev»ry Station of or betoag-
ing to such Railway used for the Purposes of pvblic Traiio:
and,
The Word << Canal" shaU include any Navigation wh«»on Tolls
are levied by AuthorilT^ of Parliament and also the Wharves
and Landing Places of and beloBging to sneh Can^ or Navi-
gation, and used for the Purposes of piAlic IVaAc :

tte

A.Da854. It^* A 18« VICTORIJE. C.31. 131

Tha Ezpraarioa ^Bailwsy Companj^'* **Cmal Company,'' or
** Baihraj and Canal Company^" diall include any Person
bong the Owner or Leasee of or any Contractor working any
Baihray or Canal or Navigation constructed or carried on
wnder tibe Powers of any Act of Pariiament :
A Statioii, Terminos, or Wharf shall be deemed to be near
another Station, Tenninua^ or Wharf when the Distance
between such Stations, Termini, or Wharres shall not exceed
One Mile, such Stations not being situate within Five Miles
firon St, PomtB Church, in London.
n. Every EUuhray C(Hnpany, Canal Con^Mmy, and Railway and Doty of Bail-
Canal Company, shadl, according to their respective Powers, afford way Ck>mpaQiei
aU reaaonable Faciiities for the receiving and forwarding and to make Ar-
deiivcring of Traffic upon and from the several RaUways and J^g^*"^^
Canak belonging to or worked by such Companies respectively, forwar^g°
and for tiie Betam of Carriages, Trucks, Boats, and other Yehi- Traffic.irithont
dea, and no snch Company shall make or give any undue or unreasonable
unreasonable Preference or Advantage to or in favour of any par- ^^7* v^
tieolar Person or Company, or any particular Description of JJ^*
Traffic, in any respect whatsoever, nor shall any snch Company ^*
snb§ect any particidar Perecm or Company, or any particular Des-
criptian of Traffic, to any undoe or unreasonable Ptejudice or
Dieadvantage in any respect whatsoever; and every Railway
Company imd Canal Coo^pany and Railway and CanaJ Company
having or working Railways or Canals which form Part of a con-
tinaons Line of Railway or Canal or Railway and Canal Communi-
cation, or which have the Terminus, Station, or Wharf of the one
near the Terminus, Station, or Wharf of the other, shall afford
all due and roaaonal>le Facilities for receiving and forwarding all
the Traffic arriving by one of such Railways or Canals by the
oilier, witiiout any nnreasonable Delay, and without any such
IVeferenee or Advantage, or Prejudice or Disadvantage, as afore-
said, and so tha* no Obstruction may be offered to the Public
deairooa of using such Railways or Canals or RaUways and Canals
as a eontinnoiis line of Communication, and so that all reasonable
Aceoramodation may, by means of the Railways and Canids of the
several C<Mnpanies, be at all Times afforded to the Public in that
Behalf.

HL It shall be lawlul &r any Company or Person complain-* F^vties com-
ing against any snch Companies or Cx>mpany of anything done, plaining that
or of any Omissbn made in Violation or Contravention of this ^|^j?^ f^^
Act, to apply in a summary Way, by Motion or Summons, in ^r^artog '
Emj/Umd^ to Her Majesty's Court of Common Pleas at Wenlminsier^ Traffic, &c. are
or in Irdand to any of Her Mi^esty's Superior Courts in Dublin^ withheld, may
or in SeoOamd to the Court of Session in ScoOand, as the Case apply hy Mo-
mny be, or to any Judge of any sudi Court; and, upon the ^'''^^^^^™'
Certificate to Her Majesty's Attorney General in England or sa;!^^
Irdmnd^ or Her Mijeaty's Lord Advocate in Scodand^ of the conrta.
Board of Trade alleging any such Yiolatian or Contravention of
this Aet by any such Companies or Company, it shall also be
lawful for the said Attorney General or Lord Advocate to apply
in Kke Manner to any suoh Court or Judge, and in either of such
Cases it riiall be Iftvrful for such Court or Judge to hear and
detennine ^e Matter of such Complaint ; and for that Purpose,

K2 if

132 a SI. n^ & 18* VICTOBIiE. A.D.1854

if such Court or Judge shall tliink fit, to direct and prosecute, in
such Mode and by such Engineers, Barristers, or other Persons
as they shall think proper, all such Inquiries as may be deemed
necessary to enable such Court or Judge to form a just Judgment
on the Matter of such Complaint ; and if it be made to appear to
such Court or Judge on such Hearing, or on the Report of any
such Person, that anything has been done or Omission made, in
Violation or Contravention of this Act, by such Company or Com-
panies, it shall be lawful for such Court or Judge to issue a Writ
of Injunction or Interdict, restraining such Company or Companies
from further continuing such Violation or Contravention of this
Act, and enjoining Obedience to the same ; and in case of Dis-
obedience of any such Writ of Injunction or Interdict it shall be
lawful for such Court or Judge to order that a Writ or Writs of
Attachment^ or any other Process of such Court incident or appli-
cable to Writs of Lijunction or Interdict, shall issue against anj
One or more of the Directors of any Company, or agiunst any
Owner, Lessee, Contractor, or other Person failing to obey such
Writ of Injuncticm or Interdict ; and such Court or Judge majr
also, if they or he shall think fit» make an Order directing the
Payment by any One or more of such Companies of such Sum of
Money as such Court or Judge shall determine, not exceeding for
each Company the Sum of Two hundred Pounds for every Day,
after a Day to be named in the Ordw, that such Company or Com-
panies shall fail to obey such Injunction or Interdict; and such
Monies shall be payable as the Court or Judge may direct, either
to the Party complaining, or into Court to abide the ultimate
Decision of the Court, or to Her Majesty, and Payment thereof
may, without Pr^ndice to any other Mode of recovering the same,
be enforced by Attadiment or Order in the Nature of a Writ of
Execution, in like Manner as if the same had been recovered by
Decree or Judgment in any Superior Court at fFesiminsier or
Dublin, in England or Ireland, and in Scotland by such Dili*
gence as is competent on an extracted Decree of the Court of
Session ; and in any such Proceeding as aforesaid, such Court or
Judge may order and determine that all or any Costs thereof mr
thereon incurred shall and may be paid by or to the One Party or
the other, as such Court or Judge shall think fit ; and it shall be
lawful for any such Engineer, Banister, or other Person, if
directed so to do by such Court or Judge, to receive Evidence on
Oath relating to the Matter of any such Inquiry, and to admi-
nister such Oath.
Judges may IV. It shall be lawful for the said Court of Common Pleas at

make siioh Westminster, or any Three of the Judges thereof of whom the

2?tfni^ Chief Justice shaU bo One, and it shaU be kwful for the said
■ary for Pk>- Courts in DubUn^ or any Nine of the Judges thereof, of whom
oeedinsB nnder the Lord Chancellor, the Master of the Bdls, the Lords Chief
this Aet Justice of the Queen's Bench and Common Pleas» and the Lord

Chief Baron of the Exchequer, shall be Five, from Time to Time
to make all such General Rules and Orders as to the Forms of
Proceedings and Process, and all other Matters and Things
touching the Practice and otherwise in carrying this Act into
execution before such Courts and Judges, as they may think fit,
in England or Ireland, and in Scotland it shall be lawful for the

Court

AJ).1854. 17« & 18* VICTORLa;. G.31. 13S

Court of Seaskm to m&ke such Acts of Sederunt for the like Pur-
pose u ibej shall think fit.

V. Upon Ae Application of any Party aggrieved by the Order CouH or Judge
made upon any such Motion or Snmmons as aforesaid, it shall be °^7 order a
Iftirfiil for the CJourt or Judge by whom such Order was made, to IWiearmg»
direct, if they think fit so to do, such Motion or Application on
Sunmotts to be reheard before such Court or Judge, and upon
Bach Behearing to rescind, or yarr such Order.

VL No Proceeding shall be taken for any Violation or Contra- Mode of Pro-
Tention of the aboye Enactments^ except in the Manner herein ceeding under
proTided ; but nothing herein contained shall take away or dimi* ^"^ ^^
niah any Rights^ Remedies^ or Privileges of any Person or Com-
piaoy against any Railway or Canal or Railway and Canal
Company under the existing Law. ^

VlL £yery such Company as aforesaid shall be liable for the Company to be
Loss of or for any Injury done to any Horses, Cattle, or other Wa^e for Neg-
Animfcla, or to any Articles, Goods, or Things, in the receiving, |«ctor Defeult
forwarding, or delivering thereof, occasioned by the Neglect or ^ Gw)d«,'n^
Defiiiilt of such Company or its Servants, notwithstanding any withstanding
Notice, Condition, or Declaration made and given by such Com- Notice to the
pany oontrary thereto, or in anywise limiting such Liability ; contnry.
erery such Notice, Condition, or Declaration being hereby declared
to be nnll and void : Provided always, that nothing herein con-
tnoed shall be construed to prevent the said Companies from
making such Conditions with respect to the receiving, forwarding,
and deliyering of any of the said Animals, Articles, Goods, or
Things, aslshall be adjudged by the Court or Judge before whom
any Qoestion relating thereto shall be tried to be just and reason-
able : Provided always, that no greater Damages shall be reco- Company not
▼ered for the Loss of or for any Injury done to any of such to he liable
Animals, beyond the Sums herein-after mentioned; (that is to beyond a limit-
aay,) for any Horse Fifty Pounds; for any Neat Cattle, »€r ^^^**°
Head, Fifteen Ponnds ; for any Sheep or Pigs, per Head, Two ^ess^the*****
Pounds; unless the Person sending or deHvering the same to Valae declared
aach Company shall, at the Time of such Delivery, have declared and extra Pay-
tbem to be respectively of higher Value than as above men* mentmade.
tioned ; in which Case it shall be lawful for such Company to
demand and receive by way of Compensation for the increased
Risk and Care thereby occasioned, a reasonable Per-centage upon
&e Excess of the Yalne so declared above the respective Sums so
limited as aforesaid, and which shall be paid in addition to the
ordinary Rate of Charge ; and such Per-centage or increased Rate
of Change shall be notified in the Manner prescribed in the
Statute Eleventh George Fourth and First WUUam Fourth,
Chapter Sixty-eight, and shall be binding upon such Company in
ibe Manner tiierein mentioned : Provided iJso, that the Proof of Ftoof of Valae
ihe Value of such Animals, Articles, Goods, and Things, and the ^ ^ ^'^i^
Amount of the Injury done thereto, shall in all Cases lie upon the coJJ^^^JSS^
Person claiming Compensation for such Loss or Injury: Provided j$q special
also, that no special Contract between such Company and any Contract to be
other Parties respecting the receiving, forwarding, or delivering binding unless
of any Animals, Articles, Goods, or Things as aforesaid shall be ■*g"«d.
Uoding opon or affect any such Party unless the same bo signed
br him or by the Person delivering such Animals, Articles,

K 3 Goods,

134

C.81,S2.

17*^ & 18^ VICTOBiai

A.D.1864.

Short Title.

Bents and
Fines may be
apportiooted.

Parties to the

Apportion-

menu

Jury may
apportion.

Apportioned
Bent to be
recoverable by
the same Be-
medies as the
entire Bent.

Goods, or Things respectivtsly for Carriage: Frovided also, that
nothing herein contained sh^ alter or affect the Bights, Privi*
leges, or Liabilities of anj sneh Company under the said Act
of the Elerenth George Fourth and First WUUam Fourth,
Chapter Sixty-eight, with respect to Artides of the Deseriptiana
mentioned in the said Act.

YUL This Act may be cited for all PorposeB as <<The Bailway
and Canal Traffic Act, 1854."

CAP. xxxn.

An Act to facilitat'O the Apportionment of the Rent when
Parts of Lands in Lease are taken for the Purposes of
the Church Building Acts. [10th July 1854.]

T) E it enacted by the Queen's most Excellent Majesty, by and
C' with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

L If any Hereditaments to be acquired for any of the Porposea
of any of the Church Building Acts are included in a Lease or
Underlease with any other Hereditaments, the Bent reserved by
such Lease or Underlease, and any Fine certain to be paid on any
Benewals thereof, may be apportioned between the Hereditaments
so to be acquired and the Bemainder of the Hereditaments, or
may be wholly charged on such Bemainder, in exoneration of the
Hereditaments so to be acquired.

XL Such Apportionment or Exoneration may be effected by
the Parties respectively having Power to assign or convey the
Leasehold Interest, and to assign or convev the Beversion expect*
ant on such Leasehold Interest, in the Hereditaments so to be
acquired.

in. In Cases where the Yaloe of the Hereditamenti to be
acquired is to be ascertained by a Jury, the Jury may also appor-
tion any such Bent or Fine as aforesaid.

IV. On the acquiring as aforesaid of any Hereditaments in-
cluded with other Hen^taments in a Lease or Underlease or
Leases or Underleases as aforesaid, the Bent or apportioned Bent
by any such Apportionment or Exoneration expressed to be made
payable out of the Hereditaments which shall not be acquired as
aforesaid, and out of the Hereditaments which shall be so acquired
respectively, shall be recoverable as regards such Hereditaments
respectively by the same Bemedies by which before such aoquir*
ing the Bent reserved by the Lease or Underlease was recoverable
out of the whole of the Hereditaments therein comprised; and
all the Covenants, Conditions, and Agreements in such Lease or
Underlease contained, as well those relating to Bent aa others, oo
far as regards the Part acquired and the Besidue not acquired as
aforesaid respectively of the Hereditaments comprised in such
Lease or Underlease, shall continue and shall subsist upon and
against and with regard to such Part so acquired and such Besidue
respectively in like Manner as if such Part or Besidue only had
been originally comprised in such Lease or Underlease ; and in
case such Lease or Underlease shall contain Provisions for B^
newal upon Payment of a Fine certain, such I^visiona for

Benewal

AJ).1864. 17« & IS^' yiCTOBLS. 0.38, M. 185

Beaewttl •httll applk to tiie Part aoqnired and the Sedidue not
aieqtiired as aliN!«8aia respectively of the Hereditaments comprised
in snch Lease or Underlease in the same Manner as if such Part
Of Beaidiie only had been originally comprised in such Lease or
TJadflrleasey and ^e Fine certain to be paid on any Renewal had
been tlie Fbie certain which in the Exoneration or Apportionment
shall be expceoBod to be payaUe in respect of the same Heredita*

y. Sams of Money to be secured by way of Insurance and all How Sums
oHher Sums of M<mey or other Payments or Services may be aecnred by waj
apportioned or exclusively charged in the same Manner, and with of Imurance,
the same Effects in all respects, as are herein provided vnth M^^^ed *^
respect to the Apportionment or exclusive Charge of Rent.

VL The Provisions of this Act extend to all Cases where a Gertftin Ciwes
Part of the Hereditaments included in any Lease or Underleased^ to vUch Act
ifl to be acquired for the Purposes of any of the Church Building ^^^ ^^^^
Acta, although no Apportionment of or Exoneration from Rent
may take plMe by reason that no Rent or a Rent only nominal is
reserved by the Lease or Underlease. ^^ ^ extend

YIL The Provisions of this Act relate to Contracts for Leases to Contracts
and Underleases as well as to Leases and Underleases. for Leases.

VI IT- The Acts herein referred to as the Church Building Acts Acta herein
are the Act of the Fourteenth and Fifteenth Years of Queen ^referred to.
Fid^rui, Chapter Ninety-seven, *^ to amend die Church Building
Acts," and the Acts in that Act enumerated as the Church Build*
ing Aets^ and also the Act of the Sixth and Seventh Years of
Queen VteiantM^ Chapter Thirtynseven, ^'to make bettor Provision
for the Spiritual Care of populous Parishes."

CAP. XXXIIL
An Act to place Public Statues within the Metropolitan
Police District under the Control of the Commissioners
of Her Majesty'fl Works and Public Buildings.

[10th July 1854.]

* VirHEBEAS it is expedient that such Public Statues as are

* ^^ herein^aflter mentioned should be under the Control and
' Superintendence of the Commissioners of Her Majesty's Works

* and Public Buildings, and that such Commissioners should have

* the Powers after mentioned:' Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Conunons, in
this present Parliament assembled, and by the Authority of the
same, as follows :

I. In the Construction of this Act the Words, " Metropolitan Interpretation
Police District" shall be understood to describe the District of Terms.
defined under that Name by an Act of Parliament passed in the
Tenth Year of the Reign of His lato Majesty King George the
Fourth, Chapter Pwty-four; the Words '* Public Statue" shall
be taken to include lUl the Statues mentioned in the Schedule to
this Act, or which may hereafter be erected, either wholly or in
part, within any such Public Place as after mentioned ; the W<^s
"PubUc PUce" Shan be taken to include any Street, Square;

K 4 Court,

136 e.33, l?'' & 18* VICTOBIJB. . A.D.1854.

Courts or other Uke Plftee within the MetiopolitMi Police DiBtrict

into or upon or over which there is anj Pablic Bight of Ingreaa,

Egress, and Regress, or Thoroughfare.

Statues maybe H It shall be lawful for the said CommissionerB, or their Work-

erectedinpablio men or Agents bj their Order, by and out of any Monies appro-

Places, &C. priated or to be appropriated for that Purpose by Parliament, to

erect in any Public Place any Statue, and to enclose the same and

the Pedestal thereof and any surrounding Space with any Fence

or Bailing, in all respects as they may think fit

Power to in. It shall be lawful for the said Commissioners to restore,

lepair Pablio amend, or repair an^ Public Statue^ and the Pedestal thereof and

Staioes, &C. ^q Fence or Raihng surrounding the same, by and with any

Monies for that Purpose from Time to Time appropriated by

Parliament.

Commissknien lY. It shall be lawful for the said Commissioners, or their

may do all Acts Agents or Workmen by their Orders, to do all Acts necessary for

^^'^^^^^ the erecting, repairing, restoring, or amending any Public Statue^

&L of tJSo *^^ ^^ ^ ^^^^ ^^7 Public Place for the Purpose of erecting any

Statues. Public Statue, or for restoring, amending, and repairing any Public

Statue, and the Bailings and other Fences surrounding the same,

as the said Commissioners shall think fit, and generally to make,

do, execute, and perform all such Acts, Works, Matters, and

Things as shall be thought necessary by the said Commissioners

or their Agents, for the Erection, Restoration, or Bepair of any

Public Statue.

Statmnottobe y. No Public Statue shall after the passing of this Act be

^22S.^ * erected in any PubUc Place without the written Assent of the

said Commissioners.
XVyrtheFmiish- VI. Any Person or Persons who shall after the passing of this
ment of Persons ^^t unlawfully and maliciously destroy or damage any Public
P^^Steta& Statue, or the Ornaments, Railings, or Fences surrounding the
same, shall be guilty of a Mbdemeanor within the Meaning of an
Act passed in the Session of Parliament, held in the Eighth and
Ninth Years of the Reign of Her present Majesty, Chapter Forty-
four, and the Prorisions of the said Act shall be held to be ap«
plicable to the Punishment of any such Offender.
Certain Statoes VII. It shall be lawful for the Owners of any Statue not men->
?Sd** *^*\ tioned in the Schedule to this Act, but which is or may be situated
otWo^^u^ within the Metropolitan Police District, with the Assent in
become PttUio Writing of the Commissioners of Her Miyesty's Treasury, to
Biatnea transfer such Statue to the Commissioners of Her Majesty's Works

and Public Buildings ; and upon the Completion of such Transfer,
the Statue so transferred shall be deemed to be a Public Statue
within the Intent and Meaning of this Act as fully and effectually
as if such Statue had been expressly mentioned in the Schedule
hereto.

The SCHEDULE referred to by the above Act

CUlf of Westminster^ Saint Margaret and Saint Join.

Statue of Bang James the Second in Whitehall Gardens, at the
Rear of WhitehaU ChapeL

Statue to the Right Honourable George Canning, erected in
Parliament Square, facing New Palace Yard.

A«D«1854. 17** & 18* VICTOBLSL C.S3, 34. 187

SmtUMartim in ike Fidd$ and Somi Anne Soho.
Bqnestriaa Stotne of King CharleB the First at Charing Crosa.
Equestrian Statoe of King George the Third in Pall Mall East.
Equestrian Sutoe of King George the Fourth in Trafalgar
Square.

Coliiiiui and Statue to Viscount Nelson, Trafalgar Square.
Equestrian Statue to the Duke of Wellington on the Arch at
H/de Park Comer.

Saini George Hanover Square.
Statue in Hjde Ptork in Commemoration of the Victories of the
Duke of Wellington.

Saini Jame^^
Statue of King G^rge the Second in Golden Square.

Tower Division,
Statue of the Duke of Wellington on " Tower Green."
JBolbom Division. Saffron Hill Liberty. Saint Clements Danes.
Statue of George the Third in the Quadrangle of Somerset
House.

Saini Andreufs Holbom.
Statue of Queen Anne, situate in Queen Square, Saint George
the Martyr.

Saini Marylebone.
Statue of the Duke of Kent, Park Crescent Grardens, Portland
Place.

County ofKenty Greenwich,
Statue to His Majesty King George the Second in the Square
of tlie Royal Hospital. •

Chelsea,
Statue of King Charles the Second in the Grounds of Chelsea
Hospital

CAP. XXXIV.

An Act to enable the Courts of Law in England^ Ireland,
and Scotland to issue Process to compel the Attendance
of Witnesses out of their Jurisdiction, and to give Effect
to the Service of such Process in any Part of the United
Kingdom. [10th July 1864.]

' ^^1I7H£REAS great Inconvenience arises in the Adminis*
▼ ^ tration of Justice from the Want of a Power in the

* Superior Courts of Law to compel the Attendance of Witnesses

* resident in One Part of ihe United Kingdom at a Trial in

* another Part, and the Examination of such Witnesses by Com-

* mission is not in all Cases a sufficient Remedy for such In-
' convenience:' Be it therefore enacted by the Queen*s most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporali and Commons^ in this present Par-
liament assembled, and by the Authority of the same, as follows :

I. If^ in any Action or Suit now or at any lime hereafter de* Coartiof Law
pending in any of Her Majesty's Superior Courts of Common Law in England,
at Westminster or Dublin^ or the Court of Session or Exchequer S^S^"*
in Scotland, it shall appear to the Court in which such Action is ^^[^^|.«^^
pending, or, if such C^urt is not sitting, to any Judge of any of tooompd the

the

188

0.34.

17* ft W VICTOBIJE.

A.D.1854.

Attendaooe of
Witnesses al-
though not
within their
Jorisdiction.

Statement to be
made at Foot of

Writ.

Witnesses
making defkolt
to be ponished
by the Courts
of the Country
in which the
Process was
serred.

Persons not
to be punished
if sufficient
Money has not
been tendered
for ExpeuseSi

Act not to pre-
vent the issuing
of a Commis-
«on, &C.

Not to affect the
Admissibility
of Eridenoe
where now
receivable.

the said Courts respectiTeljy that it is proper to compel the per-
sonal Attendance at anj Trial of any Witness who may not be
within the Jurisdiction of the Court in which such Action is
pending, it shall be lawful for such Court or Judge, if in his or
their Discretion it shall so seem fit, to order that a Writ called a
Writ of Subpoena ad testificandum or of Subpoena duces tecnm
or Warrant of Citation shall issue in ^lecial Form, oonmiaading
such Witness to attend such Trial wherever he shall be within
the United Kingdom, and the Servioe of any sueh Writ or Process
in any Part of the United Kingdom shall be as valid and efbotaal
to all Intents and Purposes as if same had been served within the
Jurisdiction of the Court from which it issues,

n. Every such Writ shall have at Foot thereof a Statenumi or
Notice that the same is issued by the special Order of the Court
or Judge, as the Case may be ; and no such Writ ehall iseue
without such special Order.

III. In case any Person so served shall not appear according to
the Exigency of such Writ or Process, it shall be lawful for the
Court out of which the same issued, upon Proof made o£ the
service thereof, and of such Default, to the Satisfaction of the said
Court, to transmit a Certificate of such Default under the Seal
of the same Court, or under the Hand of One of the Judges or
Justices of the same, to any of Her Mi^esty's Superior Courts of
Common Law at fVestminUer^ in case such Service was had in
England^ or in case each Service was had in Scotland to the
Court of Session or Exchequer at Edinburgh^ or in case sach
Service was had in Ireland^ to any of Jier Majesty's Superior
Courts of Common Law at Dublin; and the Court to which such
Certificate is so sent shall and may thereupon proceed against
and punish the Person so having made default in like Manner as
they might have done if such Person had neglected or refused to
appear in obedience to a Writ of Subpoona or other Process issued
out of such last-mentioned Court

lY. None of liie said Courts shall in any Case proceed against
or punish any Person for having made default by not appearing
to give Evidence in obedience to any Writ of Subpcsna or other
Process issued under the Powers given by this Act, unless it shall
be made to appear to such Court that a reasonable and sufficient
Sum of Money to defray the Expenses of coming and attending
to give Evidence, and of returning from giving such Evidence,
had been tendered to such Person at the Time when such Writ
of Subpoena or Process was served upon such Person.

y. Nothing herein contained shall alter or afiect the Power of
any of such Courts to issue a Commission for the Examination
of Witnesses out of their Jurisdiction, in any Case in which,
notwithstanding this Act, they shall think fit to issue such Com-
mission.

VI. Nothing herein contained shall alter or afiect the Admis*
sibility of any Evidence at any Trial where such Evidence is now
by Law receivable, on the Ground of any Witness being beyond
the Jurisdiction of the Court, but the Admissibility of all such
Evidence shall be determined as if this Act had not passed.

CAP.

A.D.18M. 17-&WVICTORIJB. 0-36. 1S9

CAR XXXV.

An Act to repeal certain Provisions of an Act of the Fifth
and SixA Years of Her present Majestj, concerning the
koldiiig of Assizes for the County of Warwick^

[10th July 1864.]

' ^^yURREAS by an Act passed in the Fifth and Sixth Years

* ▼ V of the Beign q£ Ber Mi^estj» intitoled An Act to a$mex 5 & 6 VSct
< Om Cmmijf af the Ciiy of Cioyentry io Warwiekshire^ and to c HO.

* d^mB the Bommdary of the City ^Coventry, it was enacted and
' provided that the Inhabitants of the City of Coventry should not

* be liabie to be smninoned or to s^ve cm any Inqtiest or Jury for
' the County of Warwick elsewhere than within the City of Co*

* vemiry: and it was thereby also enacted, that the Judges of
' Assiae and Nisi Prius, and others named in Her Migesty's Com*

* missions of Oyer and Terminer and Gaol Delivery^ should hold

* their Sittings at Nisi Pritts^ Oyer and Terminer and Gaol De-

* lively, witiun the said City of Coventry for the said City, and
' fur audi other Parts of the said County of Wartoick as Her
' Majesty, with the Advice of Her Privy Council, from Time to

* Time should order, and at Wartekk for so much of the rest of
' the said County as should not be included in any such Order,
' and that the Sheriff of the County of Wanoick should give his

* Attendance upon the said Judges and Commissioners, and should
' cause to be sunmioned to Warwick and Coventry such Grand

* and Petty Jurors of the County of Warwick as should be

* needed for the Execution of the said several Commissions : And
*• whereas the Division of the said County of Warwick into Two

* Assise Districts, and the holding of Assizes at Coventry^ under
' the said recited Enactments, have been found inconvenient:'
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and ComBent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :.

L From and after the passing of this Act the said recited Becited Enact-
Enactments shall be repealed, and the Assizes for the whole ments repealed.
County of Warwick^ including the said City of Coventry, shall be and Assizes to
holden at Warwick, and the Inhabitants of the said City of ^^ ?
Coventry shall be liable to be summoned and serve upon all
Inquests and Juries at the said Assizes, in like Manner as the
other Inhabitants of the said County.

IL From and after the passing of this Act, the Yenne in all Venue in
Matters whatsoever to come before the Judges of Assize and Nisi fotme J^J^J^^^d-
Prius, Oyer and Terminw and General Gaol Delivery, in the '^^L^h^" "
said County of Warwick, shall be " Warwickshire,^ and the Venues ^^^^ ^^
" Warwickskire Warwick Division," and '^ Warwickshire Coventry Tmia under
** Division" shall be abolished, and all Becognizances entered Becognizance
into by any Person or Persons for Appearance at the Coventry ii*PP?^ **
Assizes, whether to prosecute or give Evidence, or to answer or ^^^^^ *
to receive Judgment or otherwise, shall be obligatory on the
Parties bound by such Becognizances to appear at the Warwick
Assizes for the same Purpose, and all Proceedings requisite and
proper to be taken relating thereto shall and may be had and

taken

140

C.S5,36.

17* & 18* VICTORIiEL

A.D.1864.

taken in like Manner as if such Recognizance had been originally
entered into and such Proceedings taken with reference to the
AssizeA held at Warwick.

UL All Indictments, Records, and other Proceedings preferred*
entered, and taken in the Coventry Division of the Coanty of
Warwick on the Daj of the passing of this Act, filed and re-
maining with the Clerk of the Crown and the Associate for the
said Division, shall be returned to be filed and remain with the
Clerk of the Crown and the Associate respectivelj for the said
County of Warwick^ and all Proceedings and Process requisite
and proper to be awarded and taken thereon shall and maj be
awarded and taken as if such Indictments, Records, and other
Proceedings had been originallj preferred, entered, and taken in
the County of Warwick at large.

IV. All Ofiences which shall have been committed and all
Causes of Action which shall have accrued in the said Coventry
Division of the said County before the passing of this Act shall,
so far as relates to the Courts of Assise and Nisi Prius, Oyer and
Terminer and General Gaol Delivery, be inquired of, beard, and
dealt with as if the same had been committed or had acCTued in
the County of Warwick at large.

CAP. XXX VL

^^^ ^i&i^A.n Act for preventing Frauds upon Creditors by secret B2ia
^^^^^^ CiM^^C of Sale ofpersonal Chattels, [lOth July 1854.]

Prooeedingi
oommenoed in
Coventry IMvi-
sion to be •
transferred to
Warwick to be
disposed q£

OiFenoet com-
mitted, &c in
Coventry Divi-
sion before pass-
ing of Act to
be dealt with at
Warwick.

f/^^^
^^^

e3/

OiT^^^

* ^l^ HEREAS Frauds are frequently committed upon Creditors

* ' ^ by secret Bills of Sale of personal Chattels, whereby Per-

* sons are enabled to keep up the Appearance of being in good
'^^^^-^^^'*^ * Circumstances and possessed of Property, and the Grantees or
"^^t^r^"^:: * Holders of such Bills of Sale have the Power of taking posses-

^^^^ Vy^* ^'^^ ^^ ^'^ Property of such Persons, to the Exclusion of the
^ ^ /^ rest of their Creditors :* For Remedy whereof, be it therefore
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same, as follows :

L Every Bill of Sale of personal Chattels made, after the
passing of this Act, either absolutely or conditionally, or subject
or not subject to any Trusts, and whereby the Grantee or Holder
shall have Power, either with or without Notice, and either im-
mediately after the making of such Bill of Sale or at any future
Time, to seize or take possession of any Property and Effects
comprised in or made subject to such BiU of Sale, and every
Schedule or Inventory which shall be thereto annexed or therein
referred to, or a true Copy thereof, and of every Attestation of
the Execution thereof, shall, together with an Affidavit of the
Time of such Bill of Sale being made or given, and a Description
of the Residence and Occupation of the Person making or giving
the same, or, in case the same shall be made or given by any
Person under or in the Execution of any Process, then a Descrip-
tion of the Residence and Occupation of the Person against whom
such Process shall have issued, and of every attesting Witness to
such Bill of Sale, be filed with the Officer acting as Clerk of the

Docqnets

BUlsofSaleto
be void, unless
the lame or a
Copy thereof
be filed withm
Twenty-one
Days, m like
Mfljiner as
Warrants of
Attorney.

A.Da854.

17*&18*VICTOBIiE.

a 36.

141

DcMX|nets sad Jndgments in the Court of Queen's Bench within
Twenty-one Jhjs f^ter the making or giving of sndi Bill of Sale
(in like Manner as a Warrant of Attorney in anj personal Action
given by a Trador is now by Law required to be filed), other*
wise such Bill of Sale shall, as against all Assignees of the Estate
and Effects of the Person whose Goods or any of them are com-
prised in sneh Bill of Sale under the Laws relating to Bank-
rupt^ or InsolTency, or under any Assignment for the Benefit of
the Creditors of such Person, and as against all Sheriffs Officers
and odier Persons seizing any Property or Effects comprised in
such Bill of Sale in the Execution of any Process of any Court of
Law or Equity authorizing the Seizure of the Goods of the Person
bjr whom or of whose Goods such Bill of Sale shall have been
mde^ and against every Person on whose Behidf such Process
shall have been issued, be null and void to all Intents and Pur-
poses whatsoever, so far as regards ^e Property in or Right to
the Poeoconon of any personal Chattels comprised in such Bill of
Sale, which at or after the Time of such Bankruptcy, or of filing
the Insolvent's Petition in such Insolvency, or of the Execution
by the Debtor of sneh Assignment for the Benefit of his Creditors,
or of executing such Process (as the Case mky be), and after the
Sxpiratlon of the said Period of Twenty-one Days, shall be in
the Pogaeasion or apparent Possessioo of the Person limkm^ tiUch
JHjIl ot alai^or br any rerson agains^MnSoiiaTKe Process sfiall;
liave issued under or in the Execution of which such Bill of Sal^/
shall hATe been made or given, as the Case may be. /f

XL If such Bill of Sale shsll be made or given subject to any Befeannce or
Defeasance or Condition or Declaration of Trust not contained in Condition of
the Body thereof, such Defeasance or Condition or Declaration of ^^ ^^ ^
Tntst shall» for the Purposes of this Act, be taken as Part of such ^^^ ^ ih^
Bill of Sale^ and shall be written on tiie same Paper or Parch- game Fftper or
ment on which such BiU of Sale shall be written, before the Pardunoit,
Time when the same or a Copy thereof respectively shall be filed,
otherwise such Bill of Sale shall be null and void to aU Intents
and Purposes, as against the same Persons and as regards the
same Property and Effects, as if such BiU of Sale or a Copy
thereof had not been filed according to the Provisions of this Act.

nL The said Officer of the said Court of Queen's Bench shall Officer of Court
eanse every Bill of Sale, and every such Schedule and Inventory to keeps Book
as afoiesaid, and every such Copy filed in his said Office under ^'J^^^
the Provisions of this Act, to be numbered, and shall keep a Book ^^^f g^j^
or Books in his sttd Office, in which he shall cause to be fairly
entered an alphabetical List of every such BiU of Sale, containing
theiein the Name, Addition, and Description of the Person making
or giving the same, or in Case the same shall be made or given by
any Person under or in the Execution of Process as aforesaid, then
the Naae^ Addition, and Description of the Person against whom
such Process shall have issued, and also of the Person to whom
or in whose Favour the same shall have been given, together
with the Number, and the Dates of the Execution and filing of
the same^ and the Sum for which the same has been given, and
the Time or Times (if any) when the same is thereby made pay-
able^ aecording to the Form contained in the Schedule to this
Ad, wUch ssmI Book or Books, and every Bill of Sale or Copy

thereof

142 C-S6. !?• & 18» VICTOBI^ A.D.1854.

thereof filed In tlie said Oflke, may be fleerdhed and viewed by

all Persona at all reasonable Times, paTing to the Officer for

every Search against One Peraon the Sam of Sixpence and no

more ; and that, in addition to the last-mentioned Book, the said

Officer of the said Court of Queen's Bench shall keep another

Book or Index, in which he shall caose to be fairly inserted, as

and when snch Bills of Sale are filed in manner aforesaid, the

Name^ Addition, and Description of the Person making or giving

the same, or of the Person against whom snch Process shall have

issued, as the Case may be» and also of the Parsons to wh<»n or in

whose Favour the same shall have been given, but containing no

further Particulars thereof ; which last-mentioned Book or index

all Persons shall be permitted to search for themselves^ paying

to the Officer for such last-mentioned Search the Sum of One

ShiUing.

Officer entitled IV. The said Officer shall be entitled to receive, for his Trouble

to a Fee of i«. in filing and entering every such Bill of Sale or a Copy thereof as

for filing Bill of aforesaid, the Sum of One Shilling and no more ; and such Officer

Sale, and to g}^^J render a like Account to the Commissioners of Her Majesty's

8^^ ^^ ^ Treasury, and the said Commissioners 0hall have the like Powers

in every Particulaif with respect to such Account, and the

Amount of Remuneration of such Officer, and with respect to any

Surplus of the Fees received hj Jiim, as is provided by the

Seventy'-fifth Chapter of the Statute passed in the ThirteenUi and

Fourteenth Years of the Beign of Her present Majesiy '^th

respect to the Officers of the Court of Common Pleas therein

mentioned.

OffleeCopiegor Y. Any Person shall be entitled to have an Office Copy or an

Extracte to be Extract of every Bill of Sale, or of the Copy thereof filed as

M^ft^ a>^Mol aforesaid, upon paying for the same at the like ttate as for Office

Jndgmente. Copies of Judgments in the said Court of Queen's Bench.

SatiBfiustion ^^' ^^ ^^^^ ^ lawful for any Judge of the said Court of

maybe Queen's Bench to order a Memorandum of Satisfaction to be

entered. written upon any Bill of Sale or Copy thereof respectiv^y as

aforesaid, if it shall appear to him that the Debt (if any} for

which such Bill of Sale is given as Security shall have been

satisfied or discharged.

XnterpKtatkm VII. In construing this Act the following Words and Ezpres-

of TeriBi. Bxoia shall have the Meanings hereby assigned to them* unless

there be something in the Subject or Context repugnant to such

Constructions ; (that is to say,)

The Expression ''Bill of Sale" shall include Bills of Sale,

Assignments^ Transfers, Declarations of Trust without

Transfer, and other Assurances of personal Chattels, and

also Powers of Attorney, Authorities, or Licences to take

possession of personal Chattels as Security for any Debt, but

shall not include the following Documents ; ihat 10 to say.

Assignments for the Benefit of the Creditors of the Person

making or giving thesame ; Marriage Settlements ; Transfers,

or Assignments of any Ship or Vessel or anv Share thereof ;

Transfers of Goods in the ordinary Course of Business of any

Trade or CalHng; Bills of Sale of Goods in Foreign Parts

or at Sea ; Bills of Lading ; India Warrants ; Warehouse

Keepers Certificates ; Warrants or Orders for the Delivery

of

A.DL18M.

ir * 18* VICTOBIiB.

C.36;

143

of 600^ or aaj other Doctuneiita used in tbe ordisarj
Coone of Bosineas as Proof of the Foasession or Control of
Good«» or aathoriniig or purporting to authorize, either by
Bndorittneni or hy DeUrery, the PoeseBaor of such Document
to tTtnuiet or receiTe Goods thereby represented:

The Ezpr^sion ** personal Chattels shall mean Goods, Fur-
niture, Fixtures, and other Articles capable of complete
Transfer by Delirery, and shall not include Chattel Interests
in Real Estate, nor Shares or Interest in the Stock, Funds,
or Secnfities of any Govemment, or in the Capital or Pro-
perty of any incorporated or Joint Stock Company, nor
Cboses in Action, nor any Stock or Produce upon any Farm
or Xjands which by virtue of any Covenant or Agreement,
or of the Custom of the Country, ought not to be removed
firom any Farm where the same shall be at the Time of the
making or giving of such Bill of Sale :

Beraonal Chattels shall be deemed to be in the ^ apparent Pes-
seaaion" of the Person makii^ or giving the Bill of Sale, so
long as they shall remain or be in or upon anyjlouse^jfill,
W^Sehonsei Buildiny^ WdlftLJtl^ ijapd. or^otEer Premises
o6BH'tHed by kim, or as they shaJlbe used an3r'ehjpyeri)y
Win inlinyPiace whatsoever, lilWfWtEsbanuing^ iJiaV /oxm tJ

^^ vhatsoeyer. ilWl!lilLs'l!an<iin|^ tnat. jorinal

■PMg«i»K«i JbeTfor may Uvn hf^n taken By or pTven^to an;
omer ""

Iliis Act shall not extend to Scotland or Ireland.

^Extent of Act.

SCHEDULE.

NaoM, Sec

of tlic Pcnon

■uikiae^orgmag

theBOlctfSele,

or of tbe FenoD

diTcsted

of PkofNir tjr.

of tbe

Person to

irhom

givai.

WheOierBmaf

Sotei Attigiinient,

Transfer,

or what other

Assurance, and

whether absolute

or ooQditional,

and Number.

I

14

CAP.

144

a 37, 38.

l7*»&18«VICTOBI-ffi.

A.D.1854.

Certam Aeli»
&e. done hj
James Wi]5cm
as Judge of

Yioe-Ad-
miralty Court
deemed valid.

James WOsoa
indemnified
for sach
Acts, &c

C A P. XXXVIL

An Act for eetabliflliing the Validity of certain Proceedings

in Her MajeBtr's Couirt of Vice- Admiralty in Mauritius.

[10th Jnhf 1854.]

< \17HEREAS James Wilson Esquire, Chief Judge of the

* ^^ Supreme Court in Maurititu^ has, since the Month of

* October One thousand eight hundred and thirty-fiye, acted aa

* Judge in Her M^esty's Court of Vice-Admiralty in that

* Island: And whereas it has been discoTcred that on various
' Occasions between the said Month of October One thouaand

* eight hundred and thirty-five and the Nineteenth Day of Mc^

* One thousand eight hundred and fifty-two he was not duly

* authorized so to act :' Be it therefore enacted by the Queen's
most Excellent Majestv, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commonsi in this
present Parliament assembled^ and by the Authority of the same,
as follows :

I. All Acts, Proceedings, and Judgments heretofore done,
taken, or given by the said Jame$ Wuson in the Capad^ or
assumed Capacity of Judge of the said Vice- Admiralty Court
before the Nineteenth Day oi May One thousand eight hundred
and fifty-two aforesaid inclusively, and not set aside by any
competent Authority before the passing of this Act^ shall be
deemed to be and to have been as valid and effectual for all
Purposes whatever as if the said James Wilson had at the Time
of such Acts, Proceedings, or Judgments respectively been legally
and sufficiently authorized to officiate as sucJi Judge.

n. No Action, Prosecution, or other Proceedingshall be brought
or taken in any Court against the said James Wilson by reason
of the Ulegalitv or Inv^dity of B,nj^ Act, Proceedings or Judg*
ment herein-before declared to be valid and effectuaL

8&9Vict
e. 109.

CAP. XXXVIII.

An Act for the Suppression of Ghuning Houses.

[24th July 1854.]

WHEREAS divers Statutes have been made from Time to
Time for the Prevention of unlawful Gaming ; uid parti-
cularly by the Act of the Session holden in the Eighth and
Ninth Years of Her Migesty, Chapter One hundred and nine^
Powers are given to Justices of the^Peace in Places bey<md the
Metropolitan Police District to authorize Constables, and to
either of the Commissioners of Police within such District to
authorize Superintendents belonging to the Metropolitan Police
Force, to enter Houses suspected to be kept as Common Oamiag
Houses, and to arrest aU Persons found therein ; and it is thereby
enacted, that where any Cards, Dice, Balls, Counters, Tables^ or
other Instruments of Gaming used in playing any unlawful
Game shall be found in any House, BUwni, or Place suspected
to be used as a Common Gaming House, and entered under a
Warrant or Order issued under the Provisions of that Act, or
about the Person of any of those who shall be found therein,

• it

A.D.1854, 17« & 18« VICTOBLEl C.38. 145

* it fliuin be Eyidence^ until the contrary be made to appear^

* that aneh Houses Room, or Place is used as a Common Gaming
' Houae, and that the Perscms found in the Room or Place where

* sach Tables* or Instruments of Gaming shall have been found

* were plajing therein : And whereas the Keepers of Common

* Graming Houses contrive, by fortifying the Entrances to such
' Houses, or by other Means, to keep out the Officers authorized

* to enter the same until the Instruments of Gaming have been
^ removed or destroyed, so that no sufficient Evidence can be
' €»btained to convict the Offenders, who are thereby encouraged

* to perrist in the Violation of the Law : And whereas it is
' expedient that Uie Law shall be made more efficient for the
' Soppiesaion of Gaming Houses :' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and lemporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same, as follows :

I. Any Person who shall wilfully prevent any Constable or Penalty on
Officer authorized under the Provisions of the said Act of the Penou ob-
Eighth and Ninth Tears of Her Majesty to enter any House, ^^^^^^^
Room, or Place, from entering the same or any Part thereof, or JtoWes «So "
who shall obstruct or delay anv such Constable or Officer in so rixed to enter
entering, and any Person who, by any Bolt, Bar, Chain, or other any Honse sos-
Contrivanoe, shall secure any external or internal Door of or pected to be a
Means of Access to any House, Boom, or Place so authorized S^"??"*h
to be entered, or shall use any Means or Contrivance whatsoever ^^■"'"* **«>«•
for the Purpose of preventing, obstructing, or delaying the Entry
of any Constable or Officer authorized as aforesaid into any such
House, Room, or Place, or any Part thereof, may for every such
Offience, on a summary Conviction of the same before Two Justices
of the Peace^ be adjudged by such Justices to forfeit and pay any
Penalty not exceecQng One hundred Pounds, together with such
Coats attending the said Conviction as to the said Justices shall
iqipear reasonable ; and on the Nonpayment of such Penalty and
CoAs^ or in the first instance, if to the said Justices it shall seem
^t, may be committed to the Common Graol or House of Correc-
tioD, with or without ELard Labour, for any Period not exceeding
Sx Calendar Months.

IL Where any Constable or Officer authorised as aforesaid to Obstmcting
enter any House, Room, or Place is wilfully prevented from or Entry of Con*
obstructed or delayed in entering the same or^any Part thereof, J*^^** ^ 5?
or where any external or internal Door of or Means of Access to Hom»"beiM a
any such House, Boom, or Place so authorized to be entered shall common
be found to be fitted or provided with any Bolt, Bar, Chain, Gaming Hoose.
or any Means or Contrivance for the Purpose of preventing,
delaying, or obstructing the Entry into the same or any Part
thereof of any Constable or Officer authorized as aforesaid, or for
giving an Alarm in case of such Entry, or if any such House,
Room, or Place is found fitted or provided with any Means or
Contrivance for unlawful Gkuning, or with any Means or Con-
trivance for concealing, removing, or destroying any Instruments
of Ghuning, it shidl be Evidence, until the contrary be made to
appear, t£U such House, Boom, or Place is used as a Common
Gaming House within the Meaning of this Act and of the former

17 H 18 Vict. L Acts

146

0.38.

17** & 18^ VICTORIiE.

AJ)J854.

Penalty on
Persons ap-
prehended fbr
giving fidse
Names or
Addresses.

Penalties on
Persons keep-
ing Qaming
Houses.

Justices may
reqoireany
of tiie Persons
apprehended to
be sworn and
gtre Evidence.

Acts relating to Gaming, and that the Persons found therein were
nnlawfullj playing therein.

in. If any Person found in anj House, Boom, or Place entered
by any CJonstable or Officer authorized as aforesaid to enter the
same, upon being arrested by any such Constable or Officer, or
upon being brought before any Justices, on being required bj
such Constable or Officer or by such Justices to give his Name
and Address, shall refuse or neglect to give the same, or shall
give any false Name or Address, he may, upon summary Convic-
tion thereof before the same or any other. Justices, be adjudged
to pay any Penalty not exceeding Fifty Pounds, together with
such Costs as to such Justices shall appear reasonable, and on
the Nonpayment of such Penalty and Costs, or in the first instance,
if to such Justices it shall seem fit, nuiy be imprisoned in the
Common Gaol or House of Correction foi* any Period not exceeding
One Month,

IV.' Any Person, being the Owner or Occupier, or having the
Use of any House, Room, or Place, who shall open, keep, or use
the same for the Purpose of unlawful Gaming being carried on
therein, and any Person who^ being the Owner or Occupier of
any House or Room, shall knowingly and wilfully permit the
same to be opened, kept, or used by any other Person for the
Purpose aforesaid, and any Person having the Care or Manage-
ment of or in any Manner assisting in conducting the Business of
any House, Room, or Place opened, kept, or used for the Purpose
aforesaid, and any Person who shall advance or furnish Money
for the Purpose of gaming with Persons frequenting such House>
Room, or Place, may, on summary Conviction thereof before any
Two Justices of the Peace, be adjudged by such Justices to forfeit
imd pay such Penalty not exceeding Five hundred Pounds as to
such Justices shall seem fit, and may be further adjudged by
such Justices to pay such Costs attending such Conviction as to
them shall seem reasonable; and on the Nonpayment of such
Penalty and Costs, or in the first instance, if to the said Justices
it shaU seem fit, may be committed to the Common Gao^ or
House of Correction, with or without Hard Labour, for any Time
not exceeding Twelve Calendar Months.

V. It shall be lawful for the Justices before whom any Persons
shall be brought who have been found in any House, Room, or
Place entered in pursuance of any Authority granted under the
Provisions of the said Act of the Eighth and Ninth Years of Her
Majesty, to require any of such Persons to be examined on Oath
and give Evidence touching any unlawful Gaming in such House,
Room, or Place, or touching any Act done for the Purpose of
preventing, obstructing, or delaying the Ent^ into such House,
Room, or Place or any Part thereof of any Constable or Officer
authorized as aforesaid; and no Person so required to be examined
as a Witness shall be excused from being so examined when
brought before such Justices as aforesaid, or from being so ex-
amined at any subsequent Time, by or before the same or any
other Justices, or by or before any Court, on any Proceeding, or
the Trial of any Indictment, Information, Action, or Suit in any-
wise relating to such unlawful Gaming or any such Acts as afore-
said, or from answering any Question put to him touching the

Matters

A.D.1854. 17* & 18» VICTORIiE; G.38. 147

Matters aforesaid, on the Ground that his Evidence will tend to
criminate himself; and an/ such Person so required to be ex- Penalty on
amined as a Witness who refuses to make Oath accordingly, or to refhsing to be
answer anj such Question as aforesaid, shall be subject to be '^^^^
dealt with in all respects as anj Person appearing as a Witness
before anj Justices or Court in obedience to a Summons or
Subpoena^ and refusing, without lawful Cause or Excuse, to be
sworn or to giye Eyidence, may by Law be dealt with.

YI. Every Person so required to be examined as a Witness as Penons re-
aforesaid, who upon such Examination shall make true and faithful quired to be
Discoyerj to the best of his Knowledge of all Things as to which S?™"^" ,
he is so examined, shall receiye from the Justices or Judge of the miw^fS
Court bj whom he is examined a Certificate in Writing to that BiBco^ry, to
EfTect, and shall be freed from all Criminal Prosecutions and bef^eedftt>in
Penal Actions, and from all Penalties, Forfeitures, and Punish- aU Penaltiefl,
meots to which he maj have become liable for anything done ^^
before that Time in respect of the Matters touching which he has
been so examined ; but such Witness shall not be indemnified
under this Act unless he receive from such Justices or Judge a
Certificate in Writing under their Hands, stating that such
Witness has on his Examination made a true Disclosure touching
all Things as to which he has been examined ; and if any Action,
Information, or Indictment be at any Time pending in any Court
against any Person so examined in respect of any Act of Giuning
touching which he was so examined, and if any Action, Infor-
mation, or Indictment be at any Time pending in any ()ourt
against any Person so examinea as a Witness in manner before
mentioned, for any such Matter or Thing, such Court shall, on
the Production and Proof of such Certificate, stay the Proceed-
ings in any such Action, Information, or Indictment, and may, in
its Discretion, award to such Person such Costs as he may have
been put to by such Action, Information, or Indictment.

YIL K any Person convicted under this Act on Information Penalties and
before Justices shall be adju^d to pay any Penalty or any Costs p^?*^^
and Charges attending the Conviction, and shall fail to pay such ^^ ^^ ^^^
Penalty or Costs, the same may be levied by Distress and Sale
of the Goods and Chatteb of the Offender, by Warrant under
the £LHnd and Seal of One of the convicting Justices : Provided
always, that if any Person shall be committed to Prison for
Default of Payment of any Penalty and Costs, then the Costs
alone may be levied by Distress as uoresaid.

VUL One Half of any pecuniary Penalty which shall be ad- AppU«tioiiaof
judged to be paid under this Act shall be paid to the Person Penalties,
laying the Information upon which the Conviction takes place,
and the remaining 'Haif shall be applied in aid of the Poor Rate
of the Parish in which the Oflbnce shall have been committed,
and shall be paid for that Purpose to the Overseer or other Person
authorized to receive Poor Rates in such Parish, or if the Place
wherein the Offence shall have been committed shall be extra-
paroehial, then the Justices by whom such Penalty shall be ad-
judged to be paid shall direct such remaining Half thereof to
be applied in aid of the Poor Rate of such extra-parochial Place,
or if there shall not be any Poor Rate therein, in aid of the Poor
Rate of any adjoining Poor Rate or District.

L 2 IX. In

148

C.38.

l7^&18«VICTORIiB.

4-D.1854-.

On Neglect to
profeente any
Sommons, Jus-
tices may
aathorize some
other Person to
proceed.

Appeal to

Quarter

Sesdona.

7 & 8 6. 4.

WbenOljeo-
tion shall not
he allowed.

Judgment not
remoTahle hj
Certiorari.

Distress not
nnlawftilfor
WaotofFonn.

IX* In case any Beirson who shall havo laid any Information *
in respect of any Offence against this Act shall not appear at
the Time at which the Defendant shall have been summoned to
appear, or at any Time to which the Hearing of the Summons
may have been adjourned, or, if such Person, in the Opinion of
any Justices having Authority to adjudicate with respect to the
Offence charged in such Information as aforesaid, shall otherwise
have neglected to proceed upon or prosecute such Information
with due Diligence, it shall be lawful for such Justices to au-
thorize any other Person to proceed on such Information and
Summons instead of the Person to whom the same may have
been granted, or such Justices may dismiss the first Information
and Summons, and authorize any Person to lay a fresh InfoxTua-
tion in respect to the Offence charged in such first Information, in
like Manner as if the previous Summons had not been granted*

X. Any Person who shall be summarily convicted under this
Act may appeal to the next General or Quarter Session of the
Peace to be holden for the County or Place wherein the Cause
of Complaint shall have arisen, provided that such Person, at the
Time of such Conviction, or within Forty-eight Hours thereafter,
enter into a Recognizance, with Two sufficient Securities, condi-
tioned personally to appear at the said Session to try such App|eal,
and to abide the further Judgment of the Court at such S^sion,
and to pay such Costs as shall be by the last-mentioned Court
awarded ; and it shall be lawful for the Magistrate or Justices by
whom such Conviction shall have been made to bind over any
Party* who shall have made Information against the Party con-
victed, and any Witnesses who shall have been examined, in
sufficient Recognizances, to attend and be examined at the Hear-
ing of such Appeal ; and every such Witness, on producing a
Certificate of being so bound, under the Hand of the said Magis-
trate or Justices, •shall be allowed Compensation for his or her
Timcj Trouble, and Expenses in attending the Appeal, which
Compensation shall be paid in the first instance by the Treasurer
of the County or Place, in like Manner as in Cases of Misdemea-
nor, under the Provisions of an Act passed in the Seventh Year
of the Reign of King George the Fourth, intituled An Act far
improving the AdnumstratUm of Criminal Justice in England, and
in case any such Appeal shall be dismissed, and the Order or Con-
viction affirmed, the reasonable Expenses of all such Witnesses
atteifding as aforesaid, to be ascertained by the Court, shall be
repaid to the said Treasurer by the Appellant.

XI. On any such Appeal, no Objection shall be allowed to the
Information whereon the Conviction has taken phxce, or to such
Conviction, on any Matter of Form or on any Insufficiency of
Statement, provided it shall appear to the Justices in Quarter
Sessions that the Defendant has been sufficiently informed of
the Charge intended to be made against him, and that such Con-
viction was proper on the Merits of the Case ; and no Informa-
tion, Conviction, or Judgment of the Justices in General or
Quarter Sessions shall be removed by Certiorari into the Court
of Queen's Bench.

XII. When any Distress shall be made for any Money to be
levied by virtue of the Warrant of any Justice under this Act,

the

A.1)A854. U^* & 18* VlCTORLSL C.38, 39. 149

the Distress shsU not be deemed anlawftily nor shall any Party
making the same be deemed a Trespasser, on account of anj
Defect or Want of Form in the Information, Summons, Warrant
of Apprehension, Conviction, Warrant of Distress, or other Pro-
ceeding relating thereto, nor shall such Party be deemed a Tres-
pttsaer from the Banning, on account of any Irregularity which
shall be aHerwards committed by him, but all Persons aggrieyed
by such Defect or Irregularity may recover full Satisfaction for
the special Damage by an Action on the Case in any of Her
Majesty's Courts of Record.

XHL No Plaintiff shall recover in any Action for any Irre- Tender of
golarity. Trespass, or other wrongful Proceeding made or com- Amends.
mtftted in the Execution of this Act, or in, under, or by virtue of
any Authority hereby given, if Tender of sufficient Amends shall
have been made by or on behalf of the Party who shall have
committed such Irregularity, Trespass, or other wrongful Pro-
ceeding before such Action brought; and in case no Tender
shall have been made it shall be lawful for the Defendant in any
such Action, by Leave of the Court where such Action shall
depend, at any Time before Issue joined to pay into Court such
Sum of Money as he shall think fit, whereupon such Proceeding,
Order, and Adjudication shall be had and made in and by such
Court as in other Actions where Defendants are allowed to pay
Money into Court.

XIV. No Action, Suit, or Information, or any other Proceeding; limitsticni of
of what Nature soever, shall be brought against any Person for Actions*
anything done or omitted to be done in pursuance of this Act, or

in the Execution of the Authorities under this Act, unless Notice
in Writing shall be given by the Party intending to prosecute
snch Suit, Information, or other Proceeding, to the intended De-
fendiui^ One Calendar Month at least before prosecuting the
same, nor unless such Action, Suit, Information, or other Pro*
oeeding shall be brought or commenced within Three Calendar
If ont£ next after the Act or Omission complained of, or in case
there shall be a Continuation of Damage, then within Three
Calendar Months next after the doing such Damage shall have
ceased. '

XV. This Act shall commence and come into operation on the Commenee-
Ftrst Day of AuguH One thousand eight hundred and fifty-four* meat of Act

CAP. XXXIX.

An Act to mdemnify such Persons in the United Kingdom
as have omitted to qualify themselves for Offices and Em-
ployments^ and to extena the Time limited for those Pur-
poses respectively. [24th July 1854.]

* \1^GQBR£AS divers Persons who, on account of their Offices,
' ^^ Places, Employments, or Professions, or any other Cause

* or Occasion, ought to have taken and subscribed the Oaths or
' Assurance respectively appointed to be by such Persons taken

* and subscribed in and by an Act of the First Year of King i o. 1 st S.

* Cftorge the First, Statute Two, Chapter Thirteen ; or to have e. IS.

* qualified themselves according to an Act of the Thirteenth is c. 8. it s.

L 3 Year c. i.

160 C.39. 17° & 18' VICTOBUB. A-D.1854.

< Year of King Charki the Seooncl, Statute Two, Chapter One;
25 C. 2. e. a. * or according to an Act of the Twenty-fifth Year of King Ckarle$
30 C. 2. tt a. ' the Second, Chapter Two ; or according to an Act of Uie Thir-

* tieth Year of King Charles the Second, Statute Two ; or accord-

8 G. 1. e. 6. * ing to an Act of the Eighth Year of King George the Firsts

9 G. 2. 0. 26. ' Chapter Six ; or according to an Act of the Ninth Year of Sang

* George the Second, Chapter Twenty-six ; or according to an
18 G. 2. e. 20. * Act of the Eighteenth Year of King George the Second,
6 G. 8.C 58. ^ Chapter Twenty ; or according to an Act of the Sixth Year ci

* King George the Third, Chapter Fifty-three ; or according to

9 G. 4. c 17. ' an Act of the Ninth Year of King George the Fourth, Chapter

10 G. 4. c 7. * Seventeen ; or according to an Act of the Tenth Year of King

* George the Fourtl^ Chi^ter Seven, so far only as the said Act

* rehites to any CivU or Military Offices or Places of Trust, or

< Places of Brofit, or Corporate Offices ; have, through Ignorance

* of the Law, Absence, or some unavoidable Accident, omitted to

* take and subscribe the Oaths and Assurance and make and

* subscribe the Declaration required by the said recited Acts or

< either of them, or otherwise to qualify themselves as aforesaid*
' within such Time and in such Manner as in and by the said

* Acts respectively is required, whereby they have incurred, or

* may be in danger of incurring, divers Penalties and Disabilities :

* For quieting the Minds of Her Majesty's Subjects, and for
' preventing any Inconvenience that might otherwise happen by

* means of such Omissions :' Be it enacted by the Queen's most
Excellent Miyesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

FenoDflwho I. All and every Person or Persons who^ at or before the
have omitted to passing of this Ac^ hath or shall have omitted to take and sub-
qualify them- ^ribe the Oaths and Declarations, or otherwise to qualify him,
miiTOdlSTtibe ^^* ^^ themselves within such Time and in such Manner as in and
redted Acts ^J ^ ^^ ^^^ ^^ ^^7 ^^ H^em is required, and who, after
indemnified, accepting any such Office, Place, or Employment, or undertaking
and aUowed any Profession or Thing, on account of which such Qualificatioii
further Tima ought to have been had and is required, before the passing of this
Act, hath or have taken and subscribed the said Oaths or made
the Declarations required by Law, or who^ on or before the
Twenty-fifth Day of March One thousand eight hundred and
fiffcy-five, or if Parliament be then sitting before the End of the
then Session of Parliament, shall take and subscribe the Oaths,
Declarations, and Assurance respectively, in such Cases wherein
by the said several Acts or any or either of them the said Oaths,
Declarations, and Assurance ought to have b^n taken and sub-
scribed, in such Manner and Form, and at or in such Place or
Places, as are appointed in and by the said several Acts or any or
either of them, ^all be and are hereby indemnified, freed, and
discharged from and against all Penalties, Forfeitures, Incapa-
■cities, and Disabilities incurred or to be incurred for or by reason
of any Neglect or Omission, previous to the passing of this Act,
of taking or subscribing the said Oaths or Assurance^ or making
or subscribing the said Declarations respectively, or taking or
subscribing the Oath, according to the above-mentioned Acts or

any

A.I).18M. 17* & 18- VICTORIA C. 39- 181

any of tiiem, or anj other Aet or Acts ; and sach Person or
Persons is aad are and shall be folly and actually reeapadtated
and restored to the same State and Condition as he, she, or thej
w^re in brfore snch Neglect or Omission, and shidl be and be
deemed and adjudged to have doly qualified him, her, or them-
selves, according to the above-mentioned Acts and every of them ;
and all Elections of, and Acts done or to be done by, any such
Person or Persons, or by AuthoriW derived from him, her, or
them, are and shaU beof the same Force and Validity as the same
or any of them would have been if snch Person or Persons respec-
tively had taken the said Oaths or Assurance, and made and sub-
scribed the said Declarations respectively, and taken and subscribed
the said Oath, according to the Directions of the said Acts and
every er any 'of them ; and the Qualification of such Person or
Persons qualifying themselves in manner and within the Time
app<nnted by this Act shall be to all Intents and Purposes as
effectual as if snch Person or Persons had respectively taken the
said Oaths and Assurance, and made and subscribed the said
Declarations respectively, and taken and subscribed the said
Oath, within the Time and in the Manner appointed by the
several Acts before mentioned.

IL * And whereas several Persons well affected to Her Majesty's Indemnity to
^ GoTemment, and to the United Church of England and Ireland^ ^<^ ^ho have

* have, through Ignorance of the Law, neglected, or been, by ^°S**^rib?^

* Sickness or other unavcndable Causes, prevented from talcing ^ q^j^ ^^

* and subscribing the Oaths and Declaration according to the Declaration

* Directions of an Act passed in the Parliament of JnUmd in the required by the

* Second Year of Queen Ann/By intituled An Act to prevent ike Irish Act,

« further Growth of Popery :' « -^»n«» «• «•

All Persons who have incurred any Penalty or Incapacity
in the said recited Act mentioned, by neglecting to qualify them-
selves according to the said Act, shall be and are hereby indem-
nilLed, freed, and discharged from all Incapacities, Disabilities,
Penalties, and Forfeitures incurred by reason of such Omission
or Neglect as aforesaid ; and no Act done by any of them, not yet
avoided, shall be questioned or avoided by reason of such Omission
or N^lect, but all such Acts shall be and are hereby declared to
be as good and efifectual as if such Persons respectively had taken
and subscribed the said Oath, and made and repeated and sub-
scribed the said Declaration, at such Time and Place and Manner
as in the said Act is mentioned, anything in the said Act to the
contrary notwithstanding: Provided always, that such Person or
Persooe do and shall take and subscribe the said Oaths, and make,
repeat, and subscribe the said Declaration, in such Manner and
Form and in such Place or Places respectively, as are directed
and appointed by the said last-recited Act, on or before the
Twenty-fifth Day of March One thousand eight hundred and
fifty-five, or if Parliament be then sitting before the End of the
then Session of Parliament.

m. Provided always. That this Act, or anything herein con- Kot to indem-
tatned, shall not extend or be construed to extend to indemnify nify Fervons
any Person against whom final Judgment shaU have been given y^??^^^
in any Action of Debt, Bill, Plaint, or Information in any of Her SS^beSSr^;

L 4 Majesty's

162 C.39. 17« & 18« VICTORLffi. A.D.1854.

Majesty's Courts of Becord, for any Penalty incnrred by having
neglected to qualify himself within the Time limited by Law.
Not to exempt ^* Provided alsoi That nothing contained in this Act shall
Justices acting extend or be construed to extend to exempt any Justice of the
without l^gal Peace within CrretU Britain from the Penalties to which he is
Qualification, subject for acting as such without being possessed of the Qualifi*

cation required by the Laws now in force.
Admissions to V. * And whereas the Appointment of divers Clerks of the
Corporatiozis ' Peace, Town ClerkS| and other Public Officers, and the Admis-
may be stamped < giQQ of divers Members and Officers of Cities, Corporations, and
^wSr * Borough Towns, in Great Britain and Ireland, or the Entries

* of such Admissions in the Court Books, BolL^ (ht Records of

* such Cities, Corporations, and Borough Towns^ which by several
^ Acts are directed and required to be stamped, may not have

* been provided, or the same not stamped, or may have been lost

* or mislaid :*

For the Belief of such Persons whose Appointments and
Admissions or the Entries of whose Admissions as aforesaid may
not have been provided, or not duly stamped, or where the same
have been lost or mislaid, it shall and may be lawful to and for
such Persons, in Great Britain or Ireland, on or before the
Twenty-fifth Day of March One thousand eight hundred and
fifty-five, or if Parliament be then sitting before the End of the
then Session of Parliament, to provide or cause to be provided
Appointments and Admissions, or Entries of Admissions, as
aforesaid, duly stamped, or in case where such Appointments^
Admissions, or Entries of Admissions as aforesaid have been
made or provided, but have not been duly stamped, to produce
such Appointments, Admissions, or Entries of Admissions as
aforesaid to the Commissioners of Inland Revenue, to be duly
stamped, which such Commissioners are hereby authorised and
empowered and required to duly stamp, on Payment of double
the Amount of the Duties first payable or to have been paid
on such Appointments, Admissions, or Entries as aforesaid,
without any other Fine or Forfeiture thereon ; and in order to
denote the said Duties the said Commissioners are hereby autho*
rized and empowered to use such Stamps as shall have been
heretofore provided to denote any former Duties on stamped
Vellum, Parchment, and Paper, or to cause new Stamps to be
provided for that Purpose, and to do all other Things necessary
for putting this Act in execution, in the like and in as full and
ample Manner as they or the major Part of them are authorized
to put in execution any former Law concerning stamped Vellum,
Parchment, and Paper ; and such Persons so providing Appoint-
ments, Admissions, or Entries of Admissions as aforesaid, duly
stamped, or procuring the same to be duly stamped in manner
aforesaid, are and shall be hereby confirmed and qualified to act
as Clerk of the Peace, Town Clerk, and other Public Officer, or
Member or Members, Officer or Officers of such Cities, Corpora-
tions, and Borough Towns respectively, to all Intents and Pur-
poses, and shall and may hold and enjoy and execute such Office^
or any other Office or Offices into which he or they hath or have
been elected, notwithstanding his or their Omission, or the Omis-
sion

A.D.1864. 17» & 18* VICTORLaE. C. 39, 40. 153

sum of any of their Predecessors in sucb Cities, Corporations, or
Borough Towns as aforesaid, and shall be indemnified and dis-
charged of and from all Incapacities, Disabilities, Forfeitures,
Penaltiea^ and Damages by reason of any such Omission ; and none
of his or their Acts shall be questioned or avoided by reason of
tbe same.

YL Prorided always, That this Act or anything herein con- Not to restore
tained shaH not extend or be construed to extend to restore or Fertons to any
entitle any Person or Persons to any Office or Employment, ?®??^^*"^^
Benefice, Matter, or Thing whatsoever, already actually avoided ^ *"*°
by Judf^ent of any of Her Majesty's Courts of Record already
legally filled up and enjoyed by any other Person, but such
Ofilce or Employment, Benefice, Matter, or Thing, so avoided or
legaUy filled up and enjoyed, shall be and remain in and to the
Person or Persons who is or are now or shall at the passing of
this Act be legally entitled to the same, as if this Act had never
been pasaed.

Vn. In case any Action, Suit, Bill of Indictment, or Infonna- General Issne.
tion shaU after the passing of this Act be brought, carried on, or
prosecuted against any Person or Persons hereby meant or in-
tended to be indenmified, recapacitated, or restored, for or on
account of any Forfeiture, Penalty, Incapacity, or Disability what-
soever incurred or to be incurred by any such Neglect or Omis-
sion, such Person or Persons may plead the General Issue, and
upon their Defence give this Act and the special Matter in
Evidence upon any Trial to be had thereupon.

CAP. XL,

An Act to continae an Act of the last Session of Parliament,
for extending for a limited Time the Provision for Abate-
ment of Income Tax in respect of Insurance on Lives.

[24th July 1864.]

* VrTHEBEAS an Act was passed in the last Session of Parlia- 16 & 17 YieL

* ^^ ment, intituled An Act to extend for a limited Time the ^^^'

* PromsUmfw Abaiement of Income Tax in respect of Insurances

* on Licet, which Act was limited to continue in force until the

* Fifth Day of July One thousand eight hundred and fifi^-four :

* And whereas it is expedient to continue the said Act for such

* Period as herein-after mentioned :' Be it therefore enacted by
tbe Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the Authority of the
same,

L That the said Act shall continue in force until the Fifth Day Bectted Act
of July One thousand eight hundred and fifty-five, and shall be ^*i?^,*^.
appUcable with respect to the Rate or Duty of One Shilling and ^^ ^^^ ^®*^
Twopence for every Twenty Shillings granted by the Act of the
present Session of Parliament, Chapter Twenty-four, in like
Manner as to the Bate or Duty of Sevenpence for every Twenty
Shillings granted by the Act of the last Session of Parliament^
Chapter Thirty-four.. .

CAP.

164 a 41, 42. 17* & 18* VICTORIA A.D.1854.

CAP. XLL
An Act to continue the Poor Law Board. [25th July 1854.]

10 & 1 1 Vict ^ ll/' HEREAS by the Act of the Eleventh Year of Her Majesty,

c 109. < ▼ ▼ Chapter One hundred and nine, Provisions were made

^ for the Constitution and Appointment of Commissioners for

* administering the Laws for the Relief of the Poor in England,

* and for the Appointment of other Officers, which Provisions

* have been continued till the End of the Session of Parliament

15 & 16 Yict ' next after the Twenty*third Day of July in this present Year,
c. 59. ' and it is expedient that such Provisions should be further con-

' tinned for a limited Period :' Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same^
The Poor Law I. That the Commissioner appointed by Her Majesty the Qneen,
Board ftiriher or to be appointed by Her MiEyesty, Her Heirs and Sucoessora^
continiied. under the Authority of the said Act> together with every Person

by the said Act constituted in virtue of his Office such Commis-
sioner, and every Officer and Person appcnnted or to be appointed
by the Commissioners under the Provisions of the said Act^ shall
be empowered, unless he shall previously resign or be removed,
to hold his Office and exercise the Powers thereof until the Twenty-
third Day of July One thousand eight hundred and fifty-nine, and
thenceforth until the End of the then next Session of Parliament ;
and until the Expiration of the said last-mentioned Period it shall
be lawful for Her Majesty, Her Heirs and Successors, from Time
to Time, at pleasure, to remove the Commissioner for the Time
being appointed by Her Majesty, or to be appointed by Her
Majesty, Her Heirs and Successors, and upon every Vacancy in
the Office of such Commissioner to appoint as in the said Act is
described some other fit Person to the said Office.

CAP. XLII.

An Act to continue certain Acts for regulating Turnpike
Roads in Ireland. [24th July 1854.]

* \^ HEREAS certain Acts for making, amending, and repair-

* ^ ^ ing the Turnpike Roads in Ireland were, by an Act passed
4 & 5 Vict ' in the Session of Parliament holden in the Fourth and Fifth
c 6. « Years of the Reign of Her present Majesty, amended and con-

* tinned for a Time therein limited: And whereas the said Acts
' were further continued from Time to Time, save as specially

16 & 17 Vict * excepted : And whereas, under the Provisions of an Act of the
o. 76. * last Session of Parliament, the said Acts, save as therein ex-

' cepted, are further continued, and will remain in force until the

* Thirty-first Day of July in the present Year, or, if Parliament

* be then sitting, until the End of the then Session of Parlia-

* mcnt : And whereas it is expedient that the several Acts for

* making, amending, or repairing Turnpike Roads in Ireland

* should be further continued :* Be it therefore enacted by the
Queen's most Excellent Migesty, by and with the Advice and

Consent

A.D.1854. W & 180 VICTORIA C.42,43. IM

Consent of tlie Lords Spiritual and Temporal, and Commons^ in
this present Pu^liament assembtedy and by the Authority of the
same^ as f<^w8 :

L Any Act for making, amending, or repairing any Turnpike Actsibrmaking
Road or Boads in Ireland which will expire on the said Thirty- &c Tiunpike
first Day of Jtify in the present Year, or at or before the End of f^ {JJ ^
the present or next ensuing Session of Parliament, or before the ^^^^
Thirty-first Day of July Chie thousand. eight hundred and fifty- sist July 1855,
five, shaQ.be and the same is hereby continued, as amended by &o. oontmued*'
the said recited Act of the Fourth and Fifth Years of Her Majesty s
Reign, vntil the Thirty-first Day of Jul^f One thousand eight
hundred and fifty-five, or, if Parliament be then sitting, until the
End of the then Session of Parliament.

£L I^Tided always. That nothing herein contained shall ex- Notlung in this
tend or apply to an Act of the Thirty*eighth Year of His late Act to apply to
Majesty George the Third, intituled ^n ^c/ /or improving and S8G.3.C.22.
repairing ike Turnpike Roads leading from the City of Cork to ^^^^ ^- ^•
the Brook tMek bounds the Counties of Cork and Tipperary, ^
near ike Foci ^Silworth Mountain^ ana for repealing the several
Laws heretofore made relating to the said Acty or to an Act of
the Thirty-ninth George the Third to explain and amend the
said Act.

CAP. XLIIL

An Act to continue an Act of the Seventeentli Year of Her

present Majesty, for charging the Maintenance of certain

poor Peraons in Unions in England and Wales ngon the

Common Fund. [24th July 1854.]

* Y V^^^^^'^ ^y *^® -^^* ®^ ^^ Seventeenth Year of Her 16 & 17 Vict

* ▼* Majesty, Chapter Seventy-seven, certain Provisions made ^ 77-

* hj the several Acts therein referred to for charging upon the

* Conunon Fund of the Union the Costs of the Belief and of the
^ Burial of oertiun poor Persons in those several Acts described,
' and the Costs of removing and maintaining certain Liiuatic

* Paupers^ were continued until the Thirtieth Day of September ^
' in this present Year, and to the End of the then next Session of

' Parliament : And whereas by another Act of the same Session, 16 & 17 Vict

* Chapter Ninety-seven, certain of those Provisions relating to the ^* ^7-
' Co6ts of the Removal and Maintenance of such Luantic Paupers

* were repealed ; and it is expedient that so much of the Provi-
' sions so continued by the first-mentioned Act as are now in
' force should be further continued for a limited Time :' Be it
therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same,

L That all the said several temporary Provisions continued by Provinons in
the said Act of the Seventeenth Year of Her Majesty, Chapter recited Act,
Seventy-seven, which have not been repealed, shall further con- ^* * ^LXl*^**
Unue in full Force untU the Thirtieth Day of September One ^n^J^T*^
thousand eight hundred and fifty-five, and to the End of the then
next Session of Parliament.

CAP.

156

C.44;

17- & 180 VICTORIiE.

A.D,1854.

4 G. 4. c 74.

4 W, 4. c. 48.

11 & 12yict
c76.

IS&lGYict
C4S.

CAR XLIV.
An Act for regulating and maintaining the Hurboors of
Holyhead^ and for vesting them in the Admiralty.

[24th July 1854.]

WHEREAS bj the Act Fourth George the Fourth, Chapter
Seventy-four, the Harbour of Holyhead in the County
of Anglesea^ and all fioads, Piers, Quays, Erections, and Build-
ings whatsoever made, erected, or built under* the Authority
of the Act Fiftieth of George the Third, Chapter Ninety-three,
or belonging to the said Harbour, and the Ground and Soil
thereof on which the same were erected and built, and all
Ground applied for such Purposes, or purchased or taken by
the Commissioners under such last-mentioned Act, and all the
Powers and Authorities of such Act, were by the said Act of
the Fourth of George the Fourth, Chapter Seventy- four, vested
in the Commissioners appointed and to be appointed by or
under that Act : And whereas by the Act Fourth of WUHam
the Fourth, Chapter Forty-three, the said Harbour, and all
Lands, Houses, Hereditaments, Properties, Rights, and Privi-
leges whatsoever vested in the Commissioners under the said
Act of the Fourth of George the Fourth, Chapter Seventy-four,
were vested in the Commissioners of His Majesty's Woods,
Forests, Land Revenues, Works, and Buildings, and other Com-
missioners to be appointed under the said Act of the Fourth of
William the Fourth, Chapter Forty-three, now in recital : And
whereas by the Act Eleventh of Victories Chapter Seventy-six,
the Commissioners of Her Majesty's Woods, Forests, Land
Revenues, Works, and Buildings for the Time being were em-
powered to purchase Lands for the Purpose of another Harbour,
namely, a Harbour of Refuge, at or near Holyhead in the
County of Anglesea, and divers Lands have been purchased
under the said Act for such Purpose: And whereas by the Act
Fifteenth of Victoria^ Chapter Forty- two, all the Lands, Tene-
ments, Hereditaments, and Property which at the Commence-
ment of that Act should be vested in the Commissioners of Her
Majesty's Woods, Forests, Land Revenues, Works, and Build-
ings, under or for the Purposes of the said Acts of the Fourth
of WiJUiam the Fourth, Chapter Forty-three, and the Eleventh
of Victoria^ Chapter Seventy-six, were vested in the Commis-
sioners of Her Majesty's Works and PubUc Buildings, and their
Successors : And whereas it is expedient that the said several
Harbours, and all the said Lands and Hereditaments, Powers,
Authorities, Rights, and Privileges, relating to the said Har-
bours, should be vested in the Commissioners for executing" the
Office of Lord High Admiral of the United Kingdom of Great
Britain and Ireland (herein elsewhere styled the Commissioners
of the Admiralty), and that such Commissioners should have
the Control and Management thereof :' Be it therefore enacted
by the Queen's most Excellent M^esty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same, as follows :

L Tho

A.I>a85i. 17* & 18*^ VICTOBLaa. . C.44. 157

' I. The nid several Harbours at or near Bclyhead aforesaid, Harboon at

berein-before mentioned or referred to, and all Docks, Roads, Holyhead, and

Breakwaters, lighthouses. Piers, Quays, Wharves, Erections, «^l>ocka,&c

WoriLs^ and Buildings belonging to the said Harbours, and each ^^^Mrosted

and every of them, and the Ground and Soil thereof, and all ^ ^^ Admi*

Lands and Hereditaments purchased or to be purchase or which ralty.

maj have become vested in any Commissioners, or to which they

maj be entitled, under the herein-before recited Acts or any

or either of them, or otherwise, for the Purposes of the said

Harbours or any or either of them, are hereby solely and ezclu*

sively transferred to and vested in the Commissioners of the

Admiralty, and their Successors in Office for ever, in trust for

Her Majestj, Her Heirs and Successors, for the Public Service,

and all the Powers, Bights, Authorities, and Privileges of, in,

over, or upon or relating to the said Harbours and Hereditaments

or any or either of them, and of itaiposing, collecting, taking,

and recovering Rates and Duties, and of purchasing or acquiring

Landa and Hereditaments for the Purposes of the said Harbours

or an J or either of them, and of appointing and removing Har-

boor Masters, Assistant Harbour Masters, Collectors, and other

Offioers for the same, which are or may be conferred by all or

any One or more of the herein-before recited Acts, are hereby

transferred to and vested in and may be exercised by the said

Commissioners of the Admiralty exclusively, and the Commis-

tiooesn and other Persons in whom the same are vested or might

have become vested, under or by virtue of all or any of the said

berein-before recited Acts, are hereby discharged from and shall

cease to carry into execution and to exercise all and every the

Tmsts and Powers vested in or conferred upon them by the said

Acts or any or either of them, and are hereby divested of all Estate

and Interest therein, so far as regards the said Harbours and

Hereditaments, Powers, Authorities, Rights, and Privileges.

n. From and after the passing of this Act, it shall be lawful for Power to Ad-
tbe Commissioners of the Admiralty to demand for every Vessel minlty to
on board which may be shipped or front which may be landed **™*^3rf"
within the said Harbour of Refuge at Holyhead^ for commercial ^I'l^l^^r^ 2i
Pnrposesy any Cattle, Beast, or Fowl, living or dead, or any Pro- herein men-
Tisioos, Stores, Goods, or Merchandise, for every Time such tioned.
Vessel nses or enters such Harbour, and ships or lands such
ArtieleB as aforesaid, any Sum for every Ton Measurement of
such Vessel not exceeding the Rates herein-after mentioned ; and
BYeary such Rate shall be payable by the Master, Owner, or Con«
signee of such Vessel ; (that is to say,)

For erery such Vessel coming into the said Harbour of Refuge
from any Port or Ports other than a Port in the United
Kingdom, a Sum not exceeding the Sum of Twopence for
every Ton of such Vessel, at the Discretion of the said Com-»
missioners :
And for every other such Vessel, a Sum not exceeding the Sum
of One Hidfpenny for every Ton of such Vessel, at the Dis«
cretion of the said Commissioners :
And every Ship or Vessel which may be permitted to use Her Vessels to pay
Msjee^s Steam Tugs, or any One or more of them, shall pay for Herlfap
sack Sum or Sums of Money for the same» according to the feSl* ^"'*

Draught ^"^'^

158

0.44.

17<»&18*VICTORI-ffi.

A.D.1854.

Certain Claoflee
of 10 & 11 Vict
c 27. incorpo-
rated with this
Act

ABtoClanses
of lO&llYiet
c 27. inooipo-
nted.

Application of
Bates.

Admiral^ maj
appoint Har-
boor Master
and other OBL-
cers for the
Harhoor of
Heftige.

Draaght of the said Ship or Yeasel, and the lime or emplojed
Distance towed, as the Commissioners of the Admiralty shall at
anj Time or Times appoint ; and such Sam or Sums of Money
shall be recoverable, with Costs, in the same Manner and from
such Persons as the said Rates or Dues last herein-before men-
tioned.

m. The following Clauses of the "Harbours, Docks, and Piers
" Clauses Act, 1847/ shall, so far as the same can or may be ap-
plicable to the said Harbour of Befuge at Holyhead^ and the
Docks, Piers, Wharves, Quays, and other Works thereof, and the
Rates or Dues imposed by this Act, be and the same are hereby
incorporated with this Act ; that is to say, the Clauses of the
" Harbours, Docks, and Piers Clauses Act, 1847," with respect to
the Rates to be taken by the Undertakers (with the Exception of
Sections Twenty-five and Twenty-six of that Act), the Clauses
of such Act with respect to the Collection and Recovery of
Rates, with respect to the Accounts to be kept of the Rates and
of the Vessels in respect of which they are payable, and with
respect to the discharging of Vessels and the Removal of the
Groods.

IV. For the Purposes of the Clauses of the " Harbours, Docks,
** and Piers Clauses Act, 1847," incorporated with this Act, this
Act shall be and be deemed to be the Special Act, and the Com-
missioners of the Admiralty shall be and be deemed to be the
Undertakers mentioned or referred to in such Clauses or in some
of such Clauses.

V. The Rates or Dues hereby imposed in respect of the said
Harbour of Refuge, and each and every of them, which may be
received or collected under the Authority of this Act, shall be
applied, in the first place, in or towards paying Salaries and Al-
lowances to the Harbour Master, Assistant Harbour Master, and
other Officers of the said Harbour of Refuge, and, in the next
place, in or towards repairing or improving the same Harbour*
and its Works and Approaches thereto, as the Commissioners of
the Admiralty may at any lime or Times and from Time to
Time direct

VI. It shall be lawful for the Commissioners of the Admiralty
and they are hereby authorised and empowered to appoint, if and
as they think fit^ a Harbour Master, 'Assistant Harbour Master,
and other Officers for the said Harbour of Refuge at or near
Hofyhead, and from Time to Time to remove any such Harbour
Master, Assistant Harbour Master, and other Officers, or any of
them, and to appoint any other or others in his or their Steat^ ^
the Will and Pleasure of the said Commissioners ; and all the
Powers and Authorities conferred by the said Act of the Fourth
of George the Fourth, Chapter Seventy-four, upon the Harbour
Master, Assistant Harbour Master, and other Officers of the
Harbour oiHolyheady referred to in the same Act, are, as regards
the said Harbour of Refuge and its Works and the Puiposes
thereof, hereby conferred upon and shall be exercised by every
Harbour Master, Assistant Harbour Master, and other Officers
who may be appointed under or by virtue of this Act for the said
Harbour of Reftige.

VU. The

A.D.1854. 17* & 18« VICTOEIiB* C.44. 168

Vn. Tlie Thirty^^eighth, Thirty-ninth, Fortieth, Forty-first^ Certsin Seo-
Forty-«econd, Forty-third, Forty-fifth, Forty-sixtii, Forty-eeventti, tiona of 4 G. 4.
Forty-eighth, Forty-ninth, Fiftieth, Fifty-first, Fifty-second, ^ 7*- !?*^^
Fifty-third, Fifty-fifth, and Fifty-sixth Sections of the said Act ^S^w^*'
of the Fourth of George the Foorth, Chapter Seventy-four, are ^^

hereby extended and made applicable also to the said Harbour of
Refuge, in the same Manner as the same Sections are applicable
to the said Harbour of Holyhead referred to in the said Act of
the Fourth of George the Fourth, Chapter SeVenty-four, and as if
the said Harbour of Refuge had been mentioned in the said
Sections together with the said Harbour of Holyhead; and all
Penalties and Forfeitures against this Act, or any Byelaw, Rule, How Penalties
Order, Regulation, or Ordinance of the said Commissioners of the "^yl*^ '^
Admiralty, made under or by virtue of this Act, shall be re- ^**^*'*^
coverable in a summary Manner before any Justice of the Peace
for the County of Angte^eoy or before any Justice of the Peace
acUng for the Division, Riding, County, Town, City, Borough,
or Place where the Party liable thereto may at any Time happen
to be ; and the Penalties and Forfeitures summarily recoverable
under this Act and the said Acts herein-before recited, and each
and every of them, may be summarily recovered at any Period
within Two Tears from the Time when the Matter of the Com-
plaint or Information arose ; and all Penalties and Forfeitures AppUcation of
which may be incurred and recovered under this Act shall, when Penalties.
not otherwise provided for by this Act, be paid and applied as
follows : One Moiety of the same shall be paid to the Informer,
and the oUier Moiety thereof shall be paid to and be applied by
such Offioer or Person as the Commissioners of the Admiralty
may at any Tone or from Time to Time direct, any Act or Acts
of Parliament to the contrary notwithstanding.

Vm. Any Harbour Master or Assistant Harbour Master al- AstoBemoval
ready i^pcnnted under or by virtue of the herein-before recited of Wreck*, Ac-
Act of the Fourth of George the Fourth, Chapter Seventy-four,
or to be ^ypointed under or by virtue of the same Act or of this
Aet, may remove any Wreck, or any Ship, Vessel, Lighter, Barge,
Boat, or other Craft which is or shall be stranded or sunk in the
said Harbours or any or either of them, or in the Approaches
thereto, by getting off, raising, blowing up, destroying, or other*
wise removing the same^ and also to remove any floating Timber,
Anchor, Chain, Rope, or any other Obstruction whatsoever which
impedes or which may impede the Navigation of the said Har-
boors or any or either of them, or the Approaches thereto ; and
the £xpense of removing anv such Wrecl^ Ship, Yessely Lighter,
Barge^ Boat, or other Craft, floating Timber, Anchor, Chain,
Rope, or Obstruction, shall be repaid by the Owner of or other
Person having or pretending to have any Property, Claim, or In-
tereat therein, or Command or Power over the same ; and the
ssid Ku*boar Master or Assistant Harbour Master may detain
such Wreck, Ship, Vessel, Lighter, Barge» Boat, or other Craft,
floating Timber, Anchor, Chain, Rope, or Obstruction, for secur-
ing the Expenses of the Removal thereof and consequent there*
upon, and on Nonpayment ^of such Expenses may, if he think
proper, at any Time sell such Wreck, Ship, Vessel, Lighter,
Baive, BoBtf or other Craft, or the wholeor any of the Cargo

thereof.

160

0.44.

11^ & 18^ VICTORLS;;

A.D.1854:

Ships, &e. laid
by or neglected
within the Htt^
bonntobe
remoTedat
Expense of
Ownen^&c

Prooeedings in
case Owners,
&e. neglect or
refuse Pay-
ment.

Sections, of
UVlctdli.
repealed, and
other FroW*
sionsmadein
lien thereof:

thereof, and such floating Timber, Anchor, Chain, Bope, or Ob-
struction, and out of the Proceeds of such Sale pay such Expenses,
rendering the Overplus, if any, to the Owner ; but if such Pro-
ceeds be insufficient to pay such Expenses, or if there be not anj
Sale, and the said Owner or other Person so liable shall refuse or
neglect to pay the Deficiency, or the whole of the Expense of an j
such Removal, as the Case may be, such total Expense of Removal
or such Deficiency may be recovered from the said Owner or other
Person by summary Complaint as payable by him to the Harbour
Master, Assistant Harbour Master, or other Officer by whom or
by whose Order such Wreck, Ship, Vessel, Lighter, Barge, Boaf^
or other Craft, floating Timber, Anchor, Chain, Rope, or Ob-
struction shall have been removed, in England or Ireland before
any Justice of the Peace, and in Scotland before any Sherifl^
within whose Jurisdiction the Owner or such other Person may
or may at any Time happen to be, together with the Costs in-
curred in obtaining Payment of the same.

IX. If any Ship, Vessel, Lighter, Barge, Boat, or other Craft
be laid by or neglected within the said Harbours or any or either
of them, or in or near the Approaches thereto, any such Harbour
Master or Assistant Harbour Master as aforesaid may remove or
cause to be removed the same from the said Harbours or an j
or|[either of them, or the Approaches thereto, and place or cause
to be placed the same on any Part of the Strand or Shore or
other Spot where the same can be placed ; and the Charges of
such Removal and placing may be recovered from the Owner
thereof or other Person having or pretending to have any Pro-
perty, Claim, or Interest therein, or Conmiand or Power over the
same, by summary Complaint, as payable by him to the Har-
bour Master, Assistant Harbour Master, or other Officer by whom
or by whose Order the same shall have been removed, in England
or Ireland before any Justice of the Peace, and in Scotland before
any Sheriff* within whose Jurisdiction such Owner or other Person
may or may at any Time happen to be, t<^ether with the Costs
incurred in obtaining Payment of the same ; and in case of Refusal
or of Failure or Neglect of Payment of such Charges and Costs
or any or either of them, after- having been awarded by such
Justice or Sheriff*, and in addition to any other Remedy which
there may be for enforcing Payment thereof, and to the Proceed-*
ings which may be taken for or by reason of any such Refusal,
Neglect, or Default, such Harbour Master, Assistant Harbour
Master, or other Officer as aforesaid may sell such Ship, Vessel,
Lighter, Barge, Boat, or other Craft, and the Tackle, Apparel,
Cargo, or Furniture thereof, or any Part thereof, and apply the
net Proceeds in or towards Payment of such Charges and Costs,
the said Owner or other Person being liable to pay the Deficiencj
thereof, if any, and in respect of which Deficiency Proceedings
may be taken as if no such Sale had been effected.

A. The Second Section of the Act Fourteenth of Victoria,
Chapter One hundred and eleven, is hereby repealed, and the
Commissioners of the Admiralty may at any Time^ or from Time
to Time^ as they may deem expedient, authorize the Chester and
Holyhead Railway Company to construct any Quay, Wharf, or
other Works in or in connexion with the said Harbours and F^ers

A.D.1854. i7« & 18* VICTORIA 0.44. 161

or any or ^ther of tliem, or to liave Access to or make Conimu-
nication with Uie said Harbours and Piers or anj or either of
them, and to lay down a Railway or Railways on the said Piers
or any or either of them, and to make other Arrangements for
facilitating the lan^ng and embarking in, at, and from such
Harbours and Piers, or any or either of them, of Passengers,
Goods, Cattle, and Merchandise, upon such Terms and subject
to such Conditions as the Commissioners of the Admiralty may
think fit.

XL If the said Company be allowed to construct or lay down Worif oon*
any such Work as aforesaid, it shall not be lawful for the said itructcd, &\
Company at any Time to alter or extend the same without ^*^IJ'>^^"
obtaining, previously to making any such Alteration or Exten- J^^may be*
sion, the Consent or Approval of the Commissioners of the Admi- Abated, &e. at
ralty, to be signified in Writing under the Hand of the Secre- Expense of
taiy of the Admiralty; and if any such Work, or any Work by I^^rties acting
any Person whomsoever in the said Harbours or any or either of Jj^^hont such
them, or in or on any Property hereby vested in the Commissioners '^"■^
of the Admiralty, shall be commenced or completed, or be altered
or ext«9oded, without or not in accordance with the Terms of any
sach Cofosent as aforesaid, or contrary to the Provisions of this
Act, it shall be lawful for the Commissioners of the Admiralty to
abate, alter, or remove the same, and to restore the Site thereof to
its former Condition, at the Cost and Charge of the said Company,
or Person commencing, completing, altering, or extending any such
Work, and the Amount thereof shall be a Debt due from such
Company or Person to the Crown, and be recoverable accordingly,
with Costs of Suit ; and as regards the Site of any Railway or
Work of the said Company, or of any Person to which any Autho-
rity or Consent of the Commissioners of the Admiralty may apply,
such Site shall not, by reason of any such Authority or Consent,
become the Property of the said Company or Person, or of any
Person claiming under them or him, by Length of Occupation or
Enjojment, or otherwise, bat shall remain vested in the Commis-
sioners of the Admiralty, unless expressly granted away by them.

XU. If any such Work conmienced or constructed with such Works aban-
Consent as aforesaid be afterwards abandoned or suffered to fall doned may be
into Dianse or Decay, it shall be lawful for the Commissioners of ^SnhStv^at
the Admiralty to abate and remove the same or such Part or Parts Expense of "
thereof as they may at any Time or Times deem fit and proper, Parties, &c.
and to restore the Site thereof to its former Condition, at the Cost
and Charge of the Company or Person who may have commenced
or ooDBtructed the same, and the Amount thereof shall be a Debt
due from such Company or Person to the Crown, and be recoverable
aeoordingly, with Costs of Suit.

XHL The Forty-fourth Section of the said Act of the Fourth Section 44. of
Year of George the Fourth, Chapter Seventy-four, is hereby * ^- 1^ ^*-j,
repeded; and it shall be lawful for the Commissioners of the Qr^^wDockii,
Admiralty, and they are hereby authorized and empowered, by repealed.
their Collector or Collectors, Agent or Agents, or other Person or
Persons duly authorised or appointed, to ask, demand, take, have,
and receive the same, and in case of Refusal or Nonpayment
thereof to recover by such and the same Method and Means as
other Rates and Duties by the said Act granted to be payable
17 & 18 Vict. M within

162 C.44,46. 17* & 18^ VICTORIJE. A.D.1854.

within the said Harbour of Holyhead therein referred to are pre-
scribed to be collected, levied, and recovered, of and from the
Owner or Owners, or his or their Agent, or from the Commander
or other Person having the Charge of any Ship or Vessel entering
the Dry or Graving Dock in the said Act referred to, or any Dry
or Graving Dock which has been or may be constructed in the
said Harbour of Holyhead or in the said Harbour of Refuge, and
receiving Repairs therein, such Sum and Sums of Money for the
first and for each and every subsequent Twenty-four Hours that
such Ship or Vessel using the same shall lie in any such Dry
or Graving Dock as the Commissioners of the Admiralty shall at
any Time or Times appoint, the said Sums to be applied towards
the Repairing and Maintenance of the said Harbour of Holyhead
referred to in the said Act, if they be payable for any such Dock
belonging to the said Harbour, and if payable for any such Dock
belonging to the said Harbour of Refuge, such Sums shall be
applied in the same Manner as the other Rates and Dues hereby
imposed in respect of the said Harbour of Refuge are hereby made
applicable.
Treasury may XIV. It shall be lawful for the Commissioners for the Time
order Compen- being of Her Majesty's Treasury to order that such fair and rea-
"^^^'rv*^*^ sonablo Compensation as they in their Discretion shall think fit to
bour Officers. ^^^^^ ^j^^ y^ ^^^ ^ ^^^ Officers of the said Harbours or either
of them, whose Ofiices may be abolished or whose Services may
be discontinued in consequence of or after the passing of this Aci>
and such Compensation shall from Time to Time be paid out of
any Monies appropriated or which may be appropriated by Par-
liament for the Piupose.
Powers of the XV. All Powers and Authorities hereby vested in and con-
Admiraltynuiy ferred upon the Commissioners of the Admiralty may be exercised
TVo^or^^OTe ^^ ^^ Commissioners of the Admiralty for the Time being, or by
of the Com- ^^7 '^^ ^^ more of them,
missioners.

CAP. XLV.

An Act to amend the Dublin Carriage Act, 1853.

[24th July 1854.]

* TIT^HEREAS an Act was passed in the Session of Parliament

* ▼ ^ holden in the Sixteenth and Seventeenth Years of Her
16 & 17 Vict ' Majesty's Reign, intituled An Act to coneoUdate and amend the
c. 112. < JLat€8 relating to Hackney and Stooge Carriages^ as alio to Job

* Carriages^ and Carts let for Hire^ within the Police District of

* Dublin Metropolis, and it is expedient that some of the Provi-

* sions contained in the said Act shall be repealed, in order that

* the same may be altered and amended :' Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of the
same,

Farts of Act I. From and after the Commencement of this Act, such Parts

herein specified of the said Act as are set forth in the Schedule (A.) to this Act

repealed. annexed shall cease and determine, and shall be repealed, save as

to any Licences granted by the Commissioners of Police to keep,

ply, use, or let to Hire any Stage Carriage, Job Carriage^ Cart,

or

A.D.1854. 17*^ & 18* VICTORLSJ. C.45. 163

or Jbb Horsey or any Duties, Penalties, or Forfeitures that shall
have been incurred or become payable bj virtue of the said Act, .
and save also as to all other Matters and Things whatsoever which
shall hare been done or omitted, either pursuant to or in violation
of the said Act, prior to the First Day of August One thousand
eight hundred and fifty-four.

XL The Commissioners of Police of the Police District of Dublin Commissioners
Metropolis, or their Officer authorized in that Behalf, shall and ^ S^^^ ^
may grant Licences, upon the Terms and Conditions and in the «ep^toPro-
Mttmer and Form herein-after mentioned, to keep, ply, use, or let ^"^ "*
to Hire any Stage Carriage, Job Carriage, Hackney Carriage,
Cabriolet, Cart, or Job Horse, within the Limits of the said Act,
and eyerj such Licence shall take effect from the Date ^ereofi
and shall continue in force so long as the annual Duty payable
thereupon under the Provisions of this Act, to be computed from
the First Day of January of each Year, shall be paid in manner
as herein directed, or until the same shall be voluntarily surren-
dered by the Party named therein, or otherwise be determined or
revoked, under the Provisions of the said Act or of this Act ; and
every such Payment of Duty shall be made at the Office provided
for the Purpose by the said Commissioners, in One annual Pay-
ment, at a Time or within a Period to be specified in such Licence
as «nd for such Payment ; and such Payment of the said annual
Daty in respect of the Carriage, Cabriolet, Cart, or Horse
described in the said Licence shall be certified by the Officer duly
authorized for that Purpose, whose Certificate thereof shall be
received as sufficient Evidence of the Existence or Continuance in
force of said Licence : Provided always, that in regard of any such Commissioners
Carriage, Cabriolet, Cart, or Job Horse it shall be lawful for the may refoseor
said Commissioners, if they shall think proper, to refuse to grant ^^^
any such Licence, or to revoke or suspend for such Time as they
aihail think proper any such Licence which may have been there-
tofore granted, and to recal and take away the Dublin PUte
belonging thereto, in case it shall appear to the said Commis-
nonersy upon Laspection or otherwise, that the Carriage, Cabriolet,
Cart, or Job Horse in respect of which such Licence shall be
applied for or granted, or any Horse or Harness used with any
such Carriage, Cabriolet, or Cart, is unserviceable or unsafe, or
otherwise unfit for public Accommodation or Use, or that the
Person applying for or in possession of any Licence is an unfit
Person to hold the same, by reason of his having been convicted
ai aokj Theft or Felony, or of his having been convicted of any
Aasault, or of Drunkenness, or of any BreaQh of the Provisions of
the said Act or of this Act, or of the Rules, Orders, or Byelaws
made in pursuance thereof; but in all such Cases of Refusal or
Revocation the said Commissioners shall endorse upon or annex
in Writing to such Licence^ or the Requisition therefor, the
Grounds for such Refusal or Revocation: Provided also, that «
Licence shall not on any account be granted to any Person under
the Age of Eighteen Years, otherwise than jointly with some
Person of full Age who shall be appointed to act as Trustee,
Executor, Guardian, or Administrator of the Will or Personal
Estate of a Proprietor dying while licensed, and in any such Case
the IVostee, Executor, Guivdian, or Administrator named in the

M 2 Licence

164 C. 45- 1 7^ & 18» VICTORLK. A.D. 1«54.

Licence shaUy during the Minority of any Person or Peiitons
named in snch Licence with him, be accountable in all respects as
if Proprietor of such Carriage, Cabriolet, Cart, or Horee : Pro-
vided also, that there shall be obtained a separate and distinct
Licence for using or letting to Hire every Hackney Carriage, Job
Carriage, Stage Carriage, Cabriolet, tTob Horse, and Cart ; bat no
Licence so obtained shall authorize the Use of any such Carriage,
Cabriolet, or Cart in any Manner contrary to the Lnport of the
Licence appertaining to such Carriage, Cabriolet, or Cart, within
the Meaning of this Act : Provided also, that in every Case in
which a Licence is to be obtained the proper Duty in respect of
the Carriage, Cabriolet, Cart, or Horse to be described therein
shall be first paid as herein required, and shall be paid in every
Tear thenceforward while in force, according to the General
Regulations which the said Commissioners shall require to be
observed, and which they are by this Act empowered to make for
the Purpose, and to prescribe in each Licence.
Lioences to be KL Every Licence to be issued under this Act shall be deemed
an Aathority ^^ jy^ j^n Authority only to the Person or Persons named therein ;
S2[ed Aer^ but on the Transfer, by Sale or otherwise, of .the Property or
°"" Ownership in any Carriage (other than a Hackney Carriage), or

in any Cabriolet, Job Horse, or Cart, for which a Licence shall be
granted, or on the Admission of any Person as a Partner in the
Ownership of any such Carriage, Horse, or Cart, it shall be lawful
for the said Commissioners or their authorized Officer as aforeeaid
to grant, in lieu of such Licence, to any Person or Persons who
shall be named in any Requisition to be addressed to them for the
Purpose, a Licence to the like Effect ; and on the Transfer, by
Sale, Assignment, Bequest of, or Change of Property in any
Manner whatsoever in any Hackney Carriage, or upon the Admis-
sion of any Person to a Share in the Ownership thereof, a Requi-
sition for a Licence, according to the Nature of the Case, shall be
first sent to the said Commissioners, and if they shall consider the
Person so proposed or named as Purchaser, Assignee, Legatee, or
Partner to be a fit Person to be licensed as a Proprietor of a
Hackney Carriage, having regard to the Limitations herein made
for the Purpose of preventing improper Persons from obtaining
Licences, it shall then, but not otherwise, be lawful to grant, in
lieu of the Licence for such Carriage or Cabriolet then in force, a
Licence to the Person named in the said Requisition ; and for
every such Licence so granted upon the Sale or Assignment,
Bequest of, or Change in the Property of any licensed Hackney
Carriage, or upon the Admission of any Person to a Share in the
Ownership thereof, the proper Fee or Sums appropriated thereto
shall be first paid as herein-after required; and in every such
Case as aforesaid, in which the annual Duty according to any snch
Licence shall have been paid for the Year or Period then present,
the new Licence shall be granted without Payment of any further
Duty for such Year or Period : Provided also, that in all Cases it
shall be sufficient in any Proceedings under tliis Act to name the
Proprietor or Proprietors actually licensed at the Time, and on
Proof thereof such Proceedings shall extend to and Include every
Person concerned in the Ownership of any Carriage, Cabriolet,
Cart, or Horse in the Use, hiring, or plying of which any OflTence

or

A.D.1854. V & 18« VICTORLS!. C.45. 165

or Ii^HTj flliall be .oommitted ; and it shall and may be lawful to
aad for aoj of tbe Divisional Justices of the Police District of
IhMm Metropolis, upon Complaint made to him in that Behalf,
to inquire into all and every Matter and Thing respecting the
Misconduct of any Proprietor, Part Proprietor, Driver, Conductor
or other Person belonging to or in any Manner connected with
any such licensed Carnage^ Cabriolet, Cart^ or Job Horse, and to
correct the same as he shall think proper, whether or not a
Bemedy may have been provided against such Misconduct by the
said Act, or by the Rules, Orders, Regulations, or Byelaws made
pursuant thereto.

rv. Whenever any of the Particulars entered or endorsed upon Supplementary
aoj Licence in force, ubder the Provisions of this Act or the before- laoenoes may
recited Act, shall be obliterated or defaced, so that the same shall ^ granted in
not be distinctly legible, and also whenever any such Licence shall ^^^^*^ Cases.
be proved to the Satisfaction of the said Commissioners to have
been lost or mislaid, the Person to whom such Licence shall have
been granted shall (if he shall have the same in his Possession or
Power) deliver up such Licence, and shall make and sign a Requi-
sition for a Supplementary Licence as herein provided, and then
and in audi Case it shall be lawful for the said Commissioners,
or their authorized Officer as aforesaid, to grant to such Person a
Supplementary Licence in lieu of the Licence so obliterated, defaced,
los^ or mishd^ on Payment of the Sum of Two Shillings and Six-
pence for and in respect of such Supplementary Licence where the
aame shall be required by the Proprietor of any licensed Carriage^
Cart, or Job Horsey and on Payment of the Sum of One Shilling
wlieKe such Supplementary Licence shall be required by the Con-
ductor of any licensed Stage Carriage, or the Driver of any licensed
Carriage whatsoever, and in like Manner a Supplementary Licence
afanll be taken out from Time to Time as often as any of the several
Caaes aforesaid shall occur : Provided always, that whenever any Sach Snpple-
anch Supplementary Licence shall be granted in lieu of any pre- mentary Lken-
existing licence, such pre-existing Licence shall thenceforth cease ^ to be then
and determine^ and such Supplementary Licence shall be deemed ^^^fo^
to be the only Licence in force, and it shall not be necessary upon
any Occasion to prove that such pre-existing Licence had been
previously taken out, nor shall the Circumstances under which such
St^pkmentaiy Licence was issued be required to be proved, nor
the Regularity of the issuing thereof in any Manner questioned :
Provided also, that it shall be lawful for the said Commissioners Commissioners
to refuse to grant any such Supplementary Licence ii it shall appear may refuse to
to the said Commissioners that the Particulars entered or endorsed g^ S^witfal
on any Licence so to be delivered up as aforesaid shall have been ^^^^^
wilfully obliterated or rendered illegible by any other Means than
by regular and proper Use and Wear thereof.

y. Fnva and after the First Day of August One thousand eight Hackney Car-
hundred and fifty-four, all Licences theretofore granted by the said riage Licences
Conunissioners to ply or let to Hire any Hackney Carriage under f^ jr'vict
the Provisions of the said Act, shall cease and determine, and be ^ ||2. noil
utterly null and void, and shall be delivered up to the said Com- a^d voicL
missionersy together with the Dublin Plate appertaining tliereto :
Provided always, that every Person who shall on the said First
Day of August One thousand eight hundred and fifty -four be pos-

M 3 sessed

166 C.45. 17« & 18« VICTORLaS. A-D.1854.

sessed of any Buch Licence as last aforesaid, and who shall, at any
Time within One Calendar Month thereafter, applj for a Licence
. in lieu of such former Licence, and shall have paid all Fines and
Forfeitures which may have been incurred bj him in respect
thereof, shall be primd facie entitled to a Licence to ply or let
for Hire a Cabriolet under the Provisions of this Act ; and in
consideration of the Duty theretofore paid on procuring such
former Licence it shall be lawful to make a Deduction fi^Sm the
Amount of Duty payable under this Act for and in respect of
the Cabriolet Licence so to be granted, equal to the Amount of
Duty previously paid in respect of the former Licence so surren*
dered and delivered up.
Limitation as lo VI. The Number of Licences (subject, however, to the Con*
Number of li- ditions herein-after mentioned and expressed respecting such
<*°®^^ ^ Licences,) so as aforesaid to be granted hj the said Commissicmers
gnmea, ^^ ^^^^ authoriaed Officer to Proprietors of Hackney Carriages

which shall be in force at any One and the same Time shall not
at any Time exceed the Number of Licences in force on the First
Day of January One thousand eight hundred and fifty-four: Pro-
vided, nevertheless, that when and so often as any Person, duly
qualified to be licensed as a Proprietor of a Hackney Carriage,
shall consent to pay to the Officer duly appointed to issue Licences
under the said Act, for and in respect of a Licence for a Hackney
Carriage, a Premium of Twelve Pounds Ten Shillings, it shall and
may be lawful to and for the said Commissioners or their autho*
rized Officer, then, but not otherwise, to grant to such Person &
Licence to keep, ply, use, or let to Hire within the Limits of the
said Act a Hackney Carriage, such Licence to be subject in all
respects thereafter to the Provisions of the said Act and of this
Act.
Licence Duties YH. From and after the First Day of August One thousand
to be paid as in eight hundred and fifty-four, there shall be paid, in each and
Schedule (B.) every Year, to the Officer duly appointed to issue Licences under
the said Act, for and in respect of every Licence to be granted
under this Act, for every Job Carriage, Stage Carriage, Hackney
Carriage, Cabriolet, Cart, and Job Horse mentioned and described
in the Schedule (B.) to this Act annexed, and which shall be deemed
a Part of the same, the several annual Duties or Sums of Money
set down in Figures against the same respectively ; and for and
in respect of every Licence so granted upon the Sale or Assign-
ment, Bequest of, or Change in the Property of any licensed
Hackney Carriage or Cabriolet, or upon the Admission of any
Person to a Share in the Ownership thereof, there shall be paid
to the aforesaid Officer the Fee or Sum appropriated and described
in the said Schedule (B.), save where such Licence shall be granted
to the Widow or Children of a Proprietor dying while licensed.
Bnties maybe YHL It shall and may be lawful for the said Comiaissioners»
altered or if they shall think proper, from Time to Time, in each and every

^sentor*'^ Year, to alter and diminish, or to annul and abolish all or any of
Lord Lieu- *^® several Duties, Sum or Sums of Money specified in the said
tenant Schedule (B.), or which shall hereafter under this Act be charged

for and upon the respective Stage Carriages, Job Carriages,
Hackney Carriages, and Cabriolets, Job Horse?, and Carts, as
described in the said Schedule, but so as that in case of any

Alteration

AJ>A854. 17* & 18* VICTORLE. C.45. 167

Altervtaon tliefeof, whether ihe same be by Diminution or wholly
KumiQiiig the same, or whether the same shall affect all or any One
or more <^ the same, such Alteration shall be approved of by the
Chief or Under Secretary to the Lord Lieutenant of Ireland^ and
that wherever any of the said Duties shall be altered a Schedule
of the new Dnties shall, inunediately after such Alteration shall
have been approved of as aforesaid, be published once in the Dublin
Crozettey and Three Times in any of the Newspapers published in
IhMin within Seven Days next after the Publication of the Sche-
dide last mentioned in tieDttbUn Gazette; and the said last-men-
tioned Schedule, after the Expiration of such Period of Seven Days,
shall be deemed and taken to be a Part of this Act, in lieu of so
moch o£ the Schedule (B.) hereunto annexed, as often as any
Dnties shall be altered in the Manner herein provided.

IX. No Appeal shall stay or prevent the Execution of any Execution ahall
Warrant or Process on any Conviction, unless the Party convicted ^^ ^ ^^
ahall before the convicting Justice or Justices enter into a Recog- pSJt^^^victed
nizance, with Two sufficient Sureties, in a Sum equal to double ^i giye^ecu-
the Amount of the Penalty or Penalties in which the said Party rity by Becog-
shall have been convicted, and of the Costs awarded, if any, which nizance to
Recognizance shall be conditioned that the Party so appealing P«>Becute
shall personally appear at the proper Greneral Quarter Sessions, -^PP®"^

and abide tiie Judgment of the Court thereupon, and pay such
Costs, if any, as shall be by the Court awarded, which Recogni-
sance snch tfustice or Justices is and are hereby authorized to
require and take of the Party convicted entering into such Recog-
nizance ; and the Justice who shall take such Recognizances is
also hereby required to bind the Person who shall make the Charge
on which such Judgment shall have been given in a Recognizance
conditioned that he shall appear at such General or Quarter Ses-
sions aforesaid, then and there to give Evidence against the Person
so chained, and to in like Manner bind any other Person who shall
have any Knowledge of the Circumstances of such Offence : Pro-
vided always, that in case such Appeal shall be dismissed, and
such Conviction affirmed, the reasonable Expenses of all such
Witnesses attending as aforesaid, to be ascertained by the Court,
shall be paid by the Appellant or Appellants ; and the Recogni-
zance or Recognizances so entered into as aforesaid shall be
estreated, unless such Expenses are so paid by such Appellant
or Appellants ; and it shall not be necessary at the Hearing of
such Appeal to return or produce to the Court of Quarter Sessions
any Record of the Conviction of the Defendant or Appellant before
any Divisional Justice, but it shall be deemed sufficient for the
Clerk of the convicting Justice to attend at such Court of Quarter
Sessions, and produce the Book containing the Entry of such Con-
viction, and such Clerk shall enter in such Book the Judgment of
the said Court of Quarter Sessions in reference to such Appeal,
and thereupon such Judgment shall be held to be final and con-
clusive between the Parties to such Appeal.

X. That the Words and Expressions herein-after mentioned Xnterpretation
flhali ia this and the swd Act, and the Schedules thereto annexed, ^o®^^*^ ^j.
(exeept where the Nature of the Provisions or the Context of the Y^ "*
Act shall exclude such Construction,) be interpreted as follows ;

that is to say, the Words " Hackney Carriage '' shall include every

M 4 Carriage

168

0-45.

17* & 18* VICTORIA

A.D.1854.

Act of

16 & 17 ^cL

c. 112.

and this Act to

be construed *

together.

Security to be
given by Offi-
cers, &c em«
ployed under
this Act

Reputation to
be sufficient
Evidence of
Officei^s
Authority.

Short Title.

Misnomers not
to affect the
Execution of
the Act

Commence"
ment of Act

Carriage constructed with less than Four Wheels used for Passenr-
gers (except a Stage Carriage, or any Carriage known as HatuonCs
Patent Safety Cab), which shall be used for the Purpose of stand««
ing or plying for I£re in any Street or Eoad or any Place within
the Limits of the said Act ; the Word " Cabriolet shall include
every Carriage known as HansanCs Patent Safety Cab, and every
Carriage constructed with Four Wheels used for Passengers (exc^t
a Stage Carriage, or a Carriage drawn or impelled by the Power
of Steam), which shall be used for the Purpose of standing or
plying for Hire in any Street or Road or other Place within die
Limits of said Act

XI. The said recited Act of the Sixteenth and Seventeenth
Years of the Beign of Her present Majesty and this Act shall
be construed together as One Act, and all and every the Enact-
ments and Provisions contained shall apply and extend to this Act,
and to all Licences, Convictions, Warrants, Distresses, Proceed-
ings, and Things granted, made, taken, and done in execution of
this Act, as fully, to all Intents and Purposes, as if herein repeated
and re-enacted, save in so feur as such Enactments and Provisions
are inconsistent with or contrary to this Act, or as such Enact-
ments may be altered by this Act, or other Enactments made in
lieu thereof.

XII. Every Officer employed under the said Commissioners who
in the Execution of his Duty shall be engaged in the Receipt of
Money payable in pursuance of this Act shall, in respect of any
Money to be received by him under this Act, and any other Act
in the Execution of which he shall be employed, give Security in
such Amount as the said Commissioners, with the Approval of the
said Chief or Under Secretary, shall direct, and for that Purpose
it shall be lawful to and for the said Commissioners to accept of,
receive, and take the usual Form of Security in such Cases entered
into by any incorporated Guarantee Association for the Purpose
of giving Security for the Fidelity of Persons holding Situations
or Offices of Trust and Confidence.

XIII. If it shall become necessary to prove the Power, Office,
Authority, or Appointment of any Officer or Person appointed or
acting under or by virtue of this Act or the said Act, it shall in
all Cases be sufficient, to all Intents and Purposes, to prove that
such Person at the Time in question was commonly known or
reputed to hold such Office or Situation respectively, and it shall
not in any such Case be necessary to produce or prove any Appoint-
ment or Qualification whatsoever of such Person or Persons.

XrV. In citing this Act in other Acts of Parliament, or in legal
Instrument or any Proceedings, it shall be sufficient to use the
Expression " Tbe Dublin Amended Carriage Act, 1854."

XY. No Misnomer or inaccurate Description in the Schedules
to this Act annexed shall prevent or in anywise affect the Opera-
tion thereof, but this Act shall apply and be enforced, as fully and
efiectually, to all Intents and Purposes, as if the Subject of such
Misnomer or Misdescription had been correctly named and de-
scribed in such Schedule, provided the same be designated to
common Intent and Understanding.

X VI. This Act shall commence and take effect from and after the
First Day of August One thousand eight hundred and fifty-four.

SCHE-

A.D.1854. 17^ & IS** VICTOBIiE.

SCHEDULES to which this Act refers.

SCHEDULE (A.)

Act Aia> Parts thereof repealed.

e.45.

169

BateofAet

le&nYiet.

cap. 112.

An Act to
consolidate
and amend
the Laws
relating to
Hackney
and Stage
Carriages,
also Job
Carriages,
and Horses
and Carts
letforHire^
within the
Police Dis-
trict of
Dublin Me-
tropolis.

Bxtent of BepeaL

Section 5. — Relating to the Licence Duties to
be paid for and in respect of Licences to
be granted for Hackney Carriages, Job Car-
riages, Stage Carriages, Carts, and Job Horses
within the Limits of the said Act, as men-
tioned and described in the Schedule B. to
the said Act annexed.

Section 7. — ^Whereby the Commissioners of Police
of the said District are empowered, with the
Consent of the Lord Lieutenant, to alter or
abolish all or any of the Duties payable fpr
and upon the respective Carriages, Carts, and
Job Horses described in the said Schedule B.
Section 10. — Whereby Power is given to the
said Commissioners to gralit Licences upon the
Terms and Conditions in the said Act set
forth, to keep, ply, use, or let to Hire within
the Limits aforesaid any Hackney Carriage,
Stage Carriage, Job Carriage, Cart, or Job
Horse, or to refuse or revoke the same.

Section 14. — ^That portion thereof which declares
to be null and void any Licence of which any
of the Particulars entered or endorsed thereon
shall be erased or otherwise defaced.

Section 59. — ^Ditto - ditto - ditto.

Section 71. — Which relates to taking Recogni-
zances from Witnesses conditioned that they
shall personally appear at the proper General
or Quarter Sessions, pursuant to the Terms of
such Recognizances, and to the Authority of
the said Courts to award such Witnesses Com-
pensation for attending pursuant to such
Recognizances.

Section 80. — That Portion thereof relating to
and explaining the Words "Hackney Car-
riage."

Schedule B. — That Portion thereof mentioning
and describing the Duties imposed by the
said Act for and in respect of every Licence
granted by the said Commissioners for a
Hackney Carriage, Stage Carriage, Job Car-
riage, Cart, or Job Horse.

Schedule C— Containing Forms of Licences to
be used under the said Act.

SCHE-

170 . C.45. 17' & 18* VICTORLaJ. A.D.1854.

SCHEDULE (B.)

Containing the Dutibb and Fees on Licences dcfosed bt this

Act.
For and in respect of every Licence for a Job

Carriage used or let to Hire within the

Limits of the said Act, and to be drawn

by Two or more Horses, for every such

Licence - - - - - jfcB

For and in respect of every Licence for a Job
Carriage used or let to Hire within the
Limits of the said Act, and to be drawn by
One Horse only, for every such Licence - £5

For and in respect of every Licence for a
Stage Carriage used or which shall ply
within the Limits of the said Act^ for
every such Licence - - - jf 8

For and in respect of every Licence for a
Hackney Carriage used -or let to Hire
within the Limits of the said Act, for
every such Licence - - - - j^— to be payable

For and in respect of every Licence granted ^f^ ^ ^^J^ttF^^
on the Sale or Assignment, or Change of th€FS«]^yof Jnly^
Property in any such Hackney Carriage each Year,
or Cabriolet, or on the Admission of any
Person to a Share in the Ownership thereof,
save where such Licence shall be granted
to the Widow or Children of a Proprietor
dying while licensed^ for every such Li-
cence a Fee of • - - - • 10*.

For and in respect of every Licence for a
Cabriolet used or let to Hire within the
Limits of the said Act, for every such
Licence - - - - Jtl As. -

For and in respect of every Licence for a
Hackney Carriage used or let to Hire
within the Limits of the said Act which
shall be granted to any Person already
licensed for and in respect of a Cabriolet,
in addition to the Premium to be paid
under the Sixth Clause of this Act - £l

For and in respect of every Licence for a
Job Horse used or let to Hire within the
Limits of the said Act without a Carriage,
whether such Horse shall be used or let
otherwise or not, for every such Licence - £2

For and in respect of every Licence for a
Cart or Dray used or let to Hire within
the Limits of the said Act, for every such
Licence - - - - 12*.

SCHE-

A.D.1854*

17** & 18' VICTORLai

C.45.

171

SCHEDULE (CO

CoHTAiNQra FoBMs OF Licences under the bjjd Act and this

Act.

No. L

Bj the Conuniaaioners of Police of the Police District of Dublin

Metropolis,
lieenoe for a

No.

lir jNimuuioe of the Powers vested in the Commissioners of
Polioe of the Police IMstrict of Dublin Metropolis by an Act of
Pivliament passed in the Session of Parliament holden in the
Tears of the Reim of Her present M^jestj^ intituled
[here tmeeri dke Short Title of the Act"], I, the undersigned, being
One of the said Commissioners [or being the Person duly autho-
lixed bj the said Commissioners for that Purpose, ae the 'Case
may be^ do hereby grant this Licence, together with a Plate as
a Mark of Distinction corzespondii^ in Number thflfewitii, to

of in the of

the said Ucence to remain in force (unless revoked or otherwise
determiiied under the Provisions of the said Act) for such Period
as the said shall continue to pay the yearly Sum

of being the annual Duty to be paid in respect thereof,

the said Sum to be paid [here insert Period for Payment of Duty\
in every successive Year, or in default of such Payment this
Licence to be null and void and of no Effect ; and this Licence
shall be produced to the said Commissioners, or One of them, at
all Time and Times^ and from Time to Time, as the same shall
be required or ordered by the said Commissioners or any One of
theuL to be produced, and shall be subject to such Laws as are
now or hereafter shall be in force for the better Regulation of
and the Drivers thereof, and also all such other
Rules, Orders, and Byelaws as are now in force or hereafter may
be made by the Commissioners of Police for the Time being.

Given under my Hand [or^ Signed by Authority of the
Commissioners of Police, and dated, as the Case may he"], this
Day of

Form of Endorsement of the Delivery of any New Dublin Plate.

I>ite of Delivery.

Number changed.

Entered at the Office.

From

To

Memorandum

172 C.45. n» & 18° VICTOKLS!. A.TX18S4,

Memorandum of Change of Residence of Proprietor.

Date.

From

To

Entered at the Office.

Memorandoin of Change required in the Boate of an j
Stage Carriage.

Dnte.

Farticukn of Change.

Entered at the Office.

•

No. 2.
*^^* This Licence, together with the Badge relating thereto,
must be delivered up, if not renewed between the
Daj of and the Day of

Driver or Conductor of [a* the
Case may be\.

No,

[^Here insert the Date of the Act"]

Licence
to of

Description. to act as Driver of

Years. licensed Carriages \or Conductor

Feet Liches. of Stage Carriages, as the Case
may he^'\ within the Limits of
the Duluin Metropolitan Police
District, wearing the Badge No.
[here insert the
Manner €f wearing Badge,"]
Dated Day

Commissioner.

W, Signed by Authority of the Commissioners
of Police, and date^ this Day of as the

Case may he].

Form of Endorsement of Change of Abode.

Age

Height

Eyes

Hair

Complexion

of

Date.

From

To

^ Entered at the Office.

CAP.

A.D.1854. lY-&18<»VICT0RI.aiL CA6. 17J

CAP. XLVL

An Act to continue certain Acts relating to Linen^ Hempen,
and other Manufactures in Ireland, [24th July 1854;.]

' ^\¥7H£R£AS an Act was passed in the Session of Parliament

< ^^ held in the FifUi and Sixth Years of the Reign of His

< :&Iaje8t7 King William the'Fourth, intituled An Act to continue 5 & 6 W. 4.
' and amend certain Rtgtdations for the Linen and Hempen Manu- ^ ^7*

* /aetures in Ireland : And whereas an Act was passed in the

* Session of Parliament held in the Third and Fourth Years of

* Her present Majesty, intituled An Act for the more effectual 3 & * Vict.

* IWcenHon of Frauds and Abuses committed by Weaver s^ Sewers^ ^^^'
' and aiker Persons employed in the Linen^ Hempen^ Unions Cotton^

* Silkj and Woollen Manufactures in Ireland, and for the better

* Payment (f their WageSy for One Year, and from thence to the
' End of the then next Session of Parliament: And whereas an

* Act was passed in the Session of Parliament held in the Fifth 5 & 6 Vict .
' and Sixth Years of the Reign of Her present Majesty, intituled ^ 68.

' An Act to amend, and continue to the TwefUy^seventh Day of
' July One dkousand eight hundred andforty-threey and to the End
^ cf the next Session of Parliament^ an Act of the Third and

* Fourth Years of Her present Majesty^ for the more effectual

* I^wention of Frauds and Abuses committed by Weavers, Sewers,

* and other Persons employed in the Linen, Hempen, Union,

* Cotton, Silh, and WooUen Manufactures in Ireland, and for the

* better Payment of their Wages: And whereas an Act was

' passed in the Session of Parliament holden in the Seventh and 7 & 8 Ylct

* Eighth Years of the Reign of Her present Majesty, intituled ^ ^7-
' An Act to amend, and continue for Five Years, and to the End

' of the next Session of Parliament, certain Acts relating to Linen,

* HempeMj and other Manufactures in Ireland : And whereas an

* Act was passed in the Session of Parliament holden in the

* Thirteenth and Fourteenth Years of Her present Majesty's 13 & 14 Vict

* Reign, Chapter Forty-eight, whereby the said herein-before c 48.

* recited Acts were continued as therein mentioned : And whereas

* an Act was passed in the Session of Parliament holden in the

* Fifteenth and Sixteenth Years of Her present Miyesty's Reign, 15 & 16 Vict
' Chapter Thirteen, whereby the said herein-before recited Acts c. 13.

* were further continued as therein-mentioned : And whereas an

* Act was passed in the Session .of Parliament holden in the Six- i6 & 17 Vict

* teenth and Seventeenth Years of Her present Majesty, Chapter c 103.
' One hundred and three, whereby the said herein-before recited

' Acts were further continued as therein mentioned : And whereas

* it is expedient that the first herein-before recited Act, and the

* secondly and thirdly and fourthly herein-before recited Acts,
' should be further continued, subject to the respective Amend-
' ments thereof:' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Par-
liament assembled, and b^ the Authority of the same. That the Contmuation of
eaid first herein-before recited Act» except as to such Parts thereof Acts.

as hare been repealed by the said secondly herein-before recited

Act,

B'

174 0.46—48. 17 ° & 18« VICTOBLSL A.D. 1854.

Act, and subject to the Amendments thereof in the said subse-
quent recited Acts contained, and the said secondly and thirdly
and fourthly herein-before recited Acts, subject to tiie respective
Amendments thereof, shall be further continued and shall be and
remain in force from the passing of this Act for Five Years.

CAP. XLVIL

An Act to alter and Improve the Mode of taking Evidence
in the Ecclesiastical Courts of England and Woks.

[24th July 1854.]

^E it enacted by the Queen's most Excellent Majesty, by and

with the Advice and Consent of the Lords Spiritual and

Temporal, and Commons, in this present Parliament assembled.

Power toEccle- and by the Authority of the same. That in any Suit or Proceeding

siasdcal Courts depending in any Ecclesiastical Court in England or Wales the

^^^ w?*^ Court (if it shall think fit) may summon before it and examine

WB^vivdvoce ^^ cause to be examined Witnesses by Word of Mouth, and either

before or after Examination by Deposition or Affidavit; and

Notes of such Evidence shall be taken down in Writing by the

Judge or Registrar, or by such other Person or Persons, and in

such Manner, as the Judge of the Court shall direct.

CAP. XLVIIL

An Act to authorize the Inclosure of certain Lands in pur-
suance of a Special Report of the Inclosure CommissioneTs
for England and Wales. [24th July 1854.]

' TIE^HEREAS the Inclosure Commissioners for England and
i ▼ ? Wales have, in pursuance of "The Acts for the Inclo-
' sure. Exchange, and Improvement of Land," issued their Fro-

* visional Orders for and concerning the proposed Inclosures

* mentioned in the Schedule to this Act, and the requisite
< Consents thereto have been given : And whereas the said Com-

* missioners have by a Special Report certified their Opinion

* that such proposed Inclosures would be expedient; but the

* same cannot be proceeded with without the previous Authority
' of Parliament :' Be it enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same,

Inclomref pro- L That the said several proposed Inclosures mentioned in the
ceeded with* Schedule to this Act be proceeded with.

Short TiUe. 11. In citing this Act in other Acts of Parliament, and in legal

Instruments, it shall be sufficient to use either the Expression
** The Second Annual Inclosure Act, 1854," or '' The Acts for the
'^ Inclosure^ Exchange, and Improvement of Land."

SCHE-

A.B.1854. 17' & 18" VICTORIA C.48,49.

SCHEDULE to which this Act refers.

173

iDdonre.

Connty.

Date of ProTifiional Order.

Qaeenboroagh Common

Kent -

4th April 1850.

Sutton - - -

York .

22d December 1853.

Chalford

Oxford

2d February 1854.

Wanwood Puiore

Cumberland -

22d July 1853.

Berks -

2d March 1854.

Bnriton - - -

Southampton -

16th March 1854.

Snettishani Warren ^ -

Norfolk

16th March 1854.

Wbodmancota

Gloucester

30th March 1854.

Hatfield Forest

Essex -

6th April 1854.

HaverbiU

Suffolk

6th April 1854.

South We8ton,Wlieatfield,

and Stoke Talmage -

Oxford

23d June 1853.

Button

Somerset

4th May 1854.

Dmngewick

Sussex -

4th May 1854.

BenbiliWood -

Surrey
Hereford

8th June 1854.

Cusop - - -

16th May 1854.

ElBtead

Surrey -

27th June 1854.

Gamblesbj and Biglands

Cumberland •

26th June 1854.

Cove - - -

Southampton -

25th May 1854.

CAP. XLIX.

An Act for the Settlement of Claims upon and over the New
FartML [24th July 1854.]

^^IfHEREAS under the Provisions of the Act Fourteenth u & 15 Vict
^' and Fifteenth Victoria, Chapter Seventy-six, "to ex- c76.
« tinguish the Right of the Crown to Deer in the New Forest^ and
** to give Compensation in lieu thereof, and for other Purposes
** relating to the said Forest,** as amended by the Ninth Section
of the Act Fifteenth and Sixteenth Victoria^ Chapter Sixty-
two^ and by the Act Sixteenth Victoria, Chapter Nineteen, cer-
tain Claims of Common and other Rights in and over the said
Foresty exceeding One thousand and two hundred in Number,
have been preferred and delivered to the Yerderers of the said
Forest : And whereas, in pursuance of the Provisions of the
said Acta, certain of the said Claims have been objected to :
And whereas the Validity or Invalidity of large Classes of the
said Claims depends on the Settlement of certain disputed Points
as to the Existence or Nature of the Rights preferred by such
Claims^ and it is expedient that Commissioners should be ap-
pointed for the Purpose of deciding on the Claims in manner
herein-after mentioned, and to make Provision for the speedy
Trial of certain of the said Claims before the whole Objections
sbaU be delivered, to afford an Opportuni^ to Claimants to with-
draw their Claims and prefer amended Claims in lieu thereof,
and to make such other Provisions with regard to Claims and

* Objections

178

G-49.

17« & 18° VICTORLiE.

A.D.1864.

Appointment
of Commis-

Power to fill up
Vaoancies.

CommiBsionen
to make Decla-
ration before
acting.

Payment of
CommtBsioners.

Commissioners
to hear ao^
determine
Claims.

Decisions of
any Two of the
Commissioners
to be final;
Provision in
case they differ.

Commissioners
may allow,
disallow, or
amend Claims.
May make
Kuljs.

* Objections, and the hearing and determining the same, as berein-

* after provided :' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as follows :

I. The Judge of the County Court of Southampton^ and Two
Persons, being Barristers-at-Law, to be appointed in Writing by
the Lord Chief Justice of Her Majesty's Court of Queen's Bench
at Westminstery within Two Months from the passing of this Act^
(and herein-after designated as '^ The Commissioners,") shall be
the Commissioners for the Purposes of this AcL

n. In case of the Death, Resignation, or Removal of any of
the Commissioners appointed by the Chier Justice, other Com-
missioners shall in like Manner be from Time to Time appointed
in their Places by the Chief Justice aforesaid.

IIL Every Commissioner shall, before ho enters upon the
Execution of his Office, make and subscribe the following Declara-
tion before One of the Judges of Her Majesty's Court of Queen's
Bench or Common Pleas, or One of the Barons of the Court of
Exchequer ; that is to say,

*' T DO solemnly declare, lliat I will faithfully and impartiallj,

* according to the best of my Judgment, execute the Powers

* and Duties of a Commissioner under an Act passed in the Session
' of Parliament holden in the Seventeenth and Eighteenth Years

* of the Reign of Queen Victoria, intituled " An Act [here set

* forth the Title of this Act^ :" '

And every such Declaration shall, when made, be deposited in
the Office of Land Revenue Records and Inrolmcnts.

IV. Every Commissioner shall (out of the Fund herein-after
directed to be raised) be paid for his Services such a Sum as
the Conunissioners of Her Majesty's Treasury shall direct

V. The Commissioners shall hear and determine all Claims to
Common and other Rights in and over the said Forest, made either
in pursuance of the said Acts or this Act, in manner after men*
tioned; and, subject as after mentioned, their Decision in tho
Premises shall be final, and bind all Parties and Rights whatso-
ever ; and all Claims not objected to shall be allowed by the said
Commissioners.

VL All Acts and Decisions of any Two of the Commissioners
shall be taken as the Acts of the Commissioners; except that
in case they shall differ in Opinion on any Point of Law brought
before them affiscting any Claim, they shall, on the Application of
the Party objecting, or of the Party claiming, prepare a Case to
be submitted to Her Majesty's Court of Common Pleas, to be
argued before and decided on by the said Court, and the Judg-
ment and Determination of such Court shall be taken as the
Judgment of the Commissioners.

VII. The Commissioners may allow or disallow any Claim, in
ivhole or in part, and may amend any Claim in whole or in part.
' Vin. The Commissioners may from Time to Time make such
Rules and Orders as to their Mode of proceeding (not inconsiat^uit
with the Provisions of this Act) as they may think fit.

IX. Tho

A.D.1854. 17» & 18<» VICTOEI.aL C:49* 177

TX, The Commissioners^ if they shall think fit, may direct and May award
award tliat aoj Party claiming shall pay Costs to the Party object Costs.
ing, or that the Far^ objecting shall pay Costs to the Party
claiming.

X. £aj Costs so awarded may be recovered in the Connty Ck»ts may be
Court of WUtskire held at SaUsbury as a Debt due to the Party recovered in
to whom they are directed to be paid ; and the Certificate under County Court.
the Hand of any One of the Commissioners shall be Eyidenoe of
the Fact of snch Costs having been awarded, and such Certificate
shall state the Names of the Party directed to pay Costs, and
the Amount thereof, and the Party to whom the same shall be
p»L

XL AD Bights of Common churned and allowed shall go and AllBightsto go
be held with the Lands or Hereditaments in respect of which the ^^ ""^ Lands
same are rlaimf>d and allowed, and as appurtenant thereto. "\5^?^^-^^^

Xn. The Commissioners shall hold Meetings for the Purposes ^^^ ""^^^^
of this Act at snch Times as they may think fit, and at such Place Commissioiiers
or Pkces in or in the Vicinity of the said Forest as shall appear *<> ^^^ ^*-
to them most convenient, of which Meetings Notice shall be given pj^l^^^
by Adrertiflement in some Newspaper usually published or dreu- ^gAct
l^ed in the Connty of Southampton^ and otherwise as the Com*
miaakmers may direct, such Notice to be given at least Twenty-
eight Days before the holding of any such Meeting ; and any
snch Meeting may be continued by Adjournment, either from Day
to Day, OT otherwise, as the Commissioners magr think fit.

Xf II- At the Time of giving Notice the (jommissioners shall Commissioners
prepare a List showing what particular Claims and Objections are to publish List
tohe hewd, which List shall also, in Uke Manner, be advertised oMwS^
Twenty-eight Da3r8 at least before the holding of any such Meeting. ^

JLLY. The Commissioners shall, by the Examination of Wit- Commissioners
nesaes^ the Liapection of Maps, Records, and Documents, and by to dedde on
such other Means as they in their sole Discretion shall think fit, ^^^^^
deeide the several Questions arising on the said Claims, such ^^^^
Deciaioiis to be reduced into Writing, and signed by the Com-
misBioQers or any Two of them.

XV. The Clerk for the Time being of the Verderers shall be Appointment
the Clerk of the C<xnmis8ioners, and shall have such Eemunera- ^ ^^^"^
tion as the Conunissioners of Her Miycst/s Treasury shall direct; ^^ ^^ -
and all the Expenses of the Commissioners relating to the carry-
11^ this Act into effect which shall be allowed by the Commis-
sioners of the Treasury shaU be paid as after mentioned.

XVL All Claims and Objections made previous to the passing ExistingClaims
of this Act, together with the Entry Book or Register thereof, ^Hvered to
Shan be deUvered by the Verderers to the Commissioners. Commissioners.

XYIL All Claims and Objections made after the passing of this As to Aitara
Act shall be made in such Form and delivered to such Persons as Ciamis, &a
the Conunissioners may direct.

XVUL A Roister of all Chums and Objections shall be kept, Begister of
and Memorandums of Objections entered on Claims, and the Par- 0\ahD& and Ob-
ticolars or an Abstract of Claims not abready published shall be ^i^^t^^^^^
pnblisbed in the London Gfusette^ and Certificates furnished, and to Inspection,
Lispection of such Entry Books or Registers allowed by the said ^us.
Clerk^ in all respects as by the said first-recited Act is provided

17 & 18 Vict. N with

178

C.4».

17<>&18o VICTORLaEL

A.D.1854.

Claims may be
withdraim, and
new Claims
substitated.

Time ibr allow-
iDg new Claims.

'Hmefor
making Objec-
tions to Clioms
extended.

Claims, &c
authorized by
recited Acts
may be made mi-
der this Act, &e.

Dedsionto
be entered on

Eegvter of
Clidmstobe
signed by Com-
missioners in
duplicate, and
be deposited.

DepodtofBook
of Claims dis-
pensed with.

Copies or Ex-
tracts from the
Register to be
Ainiishedwhen
required.

Certified Copies
to be Evidenoe,
imdFlarties

with respect to tlie Matters and Things in the Premises to le
done by the Verderers and their Clerk.

XIX. Any of the said Claims so made as aforesaid may, with
the Assent of the Commissioners, be withdrawn (either before or
after the same shall have been objected to), and any new Claim
may be made in lieu thereof as after provided.

XX. The Conmdssioners may, in their Discretion, allow any
new Claims to be made, provided the same be made within Six
Months from the passing of this Act.

XXI. The Time for making Objections to Claims already made
is hereby extended to One Year from the passing of this Act» and
such Objections as aforesaid shall be made and served in sach
Manner as by the said Acts is provided ; and in case of new
Claims allowed to be preferred by the Commissioners, Objections
may be made within Six Months from the Publication of such
Claims in the Gazette.

XXn. All Persons by the said Acts authorized to make Claima
or Objections may make Claims and Objections under this Act ;
and in case of Death or any Incapacity after any such Claims or
Objections made, the same may be proceeded wiih by any Parties
claiming to be interested in the Premises^ or otherwise, as the
Commissioners may direct.

XXin. The Commissioners shall, when and as they shall hear
and detemdne on any of the said Claims, amend or alter the sanfe
in accordance with ^eir Decision, and enter on such Register of
Claims their Decision thereon.

XXrV. When all the said Claims shall have been decided on
and determined, then a Register thereof, as amended or altered
by the Commissioners, shall be signed and sealed by them in
duplicate, and one Part thereof shall within One Month after
their Signatures have been aiExed thereto be deposited in the
Office of Land Revenue Records and Inrolments, and the other
with the Clerk of the Peace for the County of Southampton; and
such Register of the said Claims so amended or altered shall be
final and binding on all Parties, and shall for all Purposes be the
Evidence of Title to the Rights claimed and allowed.

XXY, It shall not be necessary, except as last aforesaid, to
deposit a Book containing the Claims made or to be made, either
in the Office of Land Revenue Records and Inrolments, or with
the said Clerk of the Peace, as by the said first-mentioned Act is
provided.

XXVL It shall be lawful for any Person to demand from the
Keeper of the Land Revenue Records and Inrolments, or from
the Clerk of the Peace, a certified Copy or Extract from the said
Register so to be made and signed by the Commissioners, on Pay-
ment of a Sum not exceeding Twopence per Folio of Seventy-two
Words ; and before the said Register shall be completed it shall
be lawful for any Person to demand from the Clerk of the Commis-
sioners a certified Copy of any of the said Claims, and the Decisions
thereon of the Commissioners ; and any Person may inspect the
Register so deposited as aforesaid, on Payment of One Shilling.

XXVIL Any such Certificate or certified Copy shall be admitted
in Evidence in all Courts of Justice; and any Person forging any

Copy

A.D.1854. 17« & 18' VICTORLffiL C.49, 179

<3opT of any Gbiiii or Objection or Certificate aforesaid, or who forging i
shi^ Qttw any sach Copy or Certificate knowing the same to be gimtj of a
^rged, shall be deemed to be guilty of a Misdemeanor, and liable Mindemeanor.
to be imprisoned, at the Discretion of the Court, for any Term not
exceeding Three Years, with or without Hard Labour.

XXVnL AU Claims made or which shall be made under the Claims en-
ProTisions of the said Acts or this Act of Rights of Common of joyed since the
Pastors, Pannage, or Turbary, which shall be proved to the Satis- Year isootobe
faction of tiie Commissioners to have been enjoyed or exercised ^^J^cir^'
as of Bight, without Interruption, by the Claimant or Persons eumstancea!
through or under whom he claims, as from any Time in the Year
One thousand eight hundred, shall be allowed by the Commis-
sioners ; but such Bights shall be held and enjoyed according to
the Laws and Assize of the said Forest, and such Bights of Com-
mon of Pasture shaU be enjoyed and allowed only in respect of the
Cattle of the Claimant levant and couchant on the Lands in respect
of which the Claim is made ; and no Claim of Common of Turbary
ahaH be allowed other than in respect of a Messuage erected in or
prior to the Year One thousand eight hundred ; and such Turbary
shall be allowed only for the necessary Fuel of such Messuage, to
be ther^n burnt and expended as belonging and appertaining to
such Messuage,

XXIX. For the Purpose of defiraying the Expenses after men- Waste Lands
ticHied, the Commissioners of Her Majesty's Woods, Forests, and ®^£*^?^
Land Revenues shall, on behalf of Her Majesty, in addition to J^fJ^wheEx-
the Sales already made or agreed to be made, from Time to Time peiu^ incl-
seil and dispose of by Public Auction or Tender such Parts of the dental to the
open Waste Lands of the said Forest as they and any Two Ver- Act
derers may deem most convenient ; and the Beceipt of the Com-
missioners of Her Majesty's Woods, Forests, and Land Bevenues
for the Time being shfJl be a sufficient Discharge for the Purchase
Money to all Persons purchasing, and who shaU not be bound to
see to the Application of the Purchase Monev, nor to inquire
whether the Sale was made with the Assent of the Verderers as
aforesaid.

XXX The Money to be raised by Sale as aforesaid shall be Frodooeo
paid to the Commissioners of Her Majesty's Woods, Forests, and ^^^^
Land Bevenues, and shall be applied by them in discharge of the ^^Qj^s^oners
Remuneration to be made to the Commissioners and to their of^oods,and
Clerk, and in Payment of all Costs, Charges, and Expenses which applied Irf
shall become payable or be incurred by or on the Behalf of the them in Ffty-
Commisdoners or their Clerk, under or in performance of the Pro- !^* ^
visions of this Act, and also all the Payments, Costs, Charges, and ^^P®'''^
Expenses which have already become payable or been incurred or
may be incurred under or in the Performance of the Provisions of
the said Acts, and the Surplus, if any, of the Monies to arise from
any Sale as aforesaid, shall be applied as the Monies arising from
the Sale of the open Waste Lands of the Forest are by the Act of
the Tenth George the Fourth, Chapter Fifty, directed to be
appfied.

XXXI. It shall be lawful for the Commissioners, by a Summons £»▼« ^ »«^d^
under the Hands of any One of them, to require the Attendance pj[^^^
before them, at a Place and Time to be mentioned in the Sum- ^^
mons, of any Person whomsoever, and to require all Persons to

N 2 bring

180

C.49.

17** & 18* VIOTORLai

A.D.1854.

Coi
to examine on
Oath,&e.

Penalty lor
Non-attend-
ance or re-
fusing to giye
ETidenoe.

Penalty ibr
false iw earing*

Protection of
CommiflBionerii

Limitation of
Aetiona

Ifimitation of
Prooeedings on
Claims, &c.

bring before them such Books, Papers, and Writings as are neces-
sary for arriving at the Truth of the Matters to be inquired into
by the CJommissioners, which Persons shall attend the Comnns-
sioners, and shall answer all Qoestions put to them touching the
Matters to be inquired into, and shall produce all Books, Papers,
and Writings required of them, and in their Custody or under
their Control, according to the Tenor of the Summons.

XXXn. It shall be lawful for the Commissioners or any One
of them to administer an Oath, or an Affirmation where an Affir-
mation would be admitted in a Court of Justice on the Ground
of religious Scruples, to all Persons who are examined before
them, touching the Things to be inquired into by them under this
Act

XXXTTY. J£ any Person on whom any Summons shall haTO
been served by the Delivery thereof to him, or by the leaving
thereof at his usual Place of Abode, fail to appear before the
Commissioners at thie Time and Place specified in such SunmMos^
it shall be lawful for the Commissioners to certify sudi Default
under their Hands or under the Hand of any One of them to
any of Her Migesty's Superior Courts, and thereupon such Court
or Judge shall proceed against the Person so failing to attend in
the same Manner as if the said Person had failed to ob^ any
Writ of Subpoena or any Process issuing out of the said Court ;
and if any Person so sunmumed to attend as aforesaid, and having
appeared before the Commissioners, shall refuse to be sworn, or
to make Answers to such Questions as are put to him touching
the Matters in question by ^e Commissioners, or to produce and
show to the Commissioners any Papers, Books, or Writings being
in his Possession or under his Control which the Commissionere
may deem necessary to be produced, or if any Person shall be
guilty of any Contempt of the Commissicmers or their Office^ the
Commissioners shall have such and the same Powers, to be exer-
cised in the same Way, as any Judge of any of Her Majesty's
Superior Courts sitting under any Commission may now by Law
exereise in that Behalf ; and all Headboroughs, Graolers, Constables^
and Bailifis shall and they are required to give their Aid and Assis-
tance tO'the Commissioners in the Execution of their Office.

XXXIY. Every Person who upon Examination upon Ostth or
Affirmation before the Commissioners wilfully gives false Evidence
shall be liable to the Pains and Penalties of Peijury.

XXXV. The Commissioners shall have such and the like Pro-
tection and Privileges, in case of any Action brought against them
for any Act done or omitted to be done in the Execution of their
Duty, as is now by Law given by any Act or Acts now or here-
after to be in force to Justices acting in execution of their Office.

XXXVI. No Action shall be brought against any Commis-
sioners appointed under this Act, or any other Person whomsoever,
for anjrthing done or omitted to be done in the Execution of this
Act, unless such Action shall be brought within Six Calendar
Months next after the doing of or Omission to do such Things

XXXYIL After the passing of this Act, no further Proceedings
shall be taken for the making Claims or objecting thereto^ and the
deciding thereon, except under, or by virtue of the Provisions

herein contained*

XXXVm. ' And

A.D. 1864 17« & 18« VICTORI-^ 0.49, 60. 181

XXxvilL ' And whereas in the Inclosures made or to be made Woodmen's

* in the said Forest under the Authority of the Act Forty-eighth Cottages may

* of George the Third, Chapter Seventy-two, and of the Act «main after

* Fourteenth and Fifteenth of Victoria, Chapter Seventy-six, smaU ^^^^^^^"^

* Portions of Land have been and may be appropriated by the thrown oat, but
^ .Crown for Cottages and Buildings for Woodmen, with Gardens the total Quan-
< attadied thereto^ and it may not be expedient that such small tity of inclosed

* Portions of Land should in all Cases be liable to be thrown ^^^^^ ^^ ^ ^

* open with the rest of the Liclosures in which they are situate :' ^^^^
Be it enacted. That, notwithstanding anything in the said Acts "^^^^^^'^^
or either of them contained, Cottages or Buildings erected or to

be erected for Woodmen in any Inclosnre within ike said Forest^
and the Sites thereof, with a Garden and Orchard attached to
each o£ such Cottages, not exceeding in each Case Two Acres in
Extent, may, if and so long as the Commissioners of Her Mi^esty's
Woods, Forests, and Land Bevenues shall think fit, remain, and
be held in Severalty in the actual Possession of the Crown, freed
and discharged from all Bights of Common and other Bights,
l^tles^ or Claims whatsoever: Provided always, that the total
Quantity of Land within the said Forest which Her Majesty, Her
Heirs and Successors, are by the said Acts or either of them
mathorixed to hold and keep inclosed and in Severalty shall not
be thereby increased, and that the Cottage and Garden shall be
aitoated within a Quarter of a Mile of some Inclosure.

ItxYTlT- All Acts, Matters, and Things to be done or autho- Commissioners
rixed to be done by the Commissioners of Her Majesty's Woods, ?^ j® ^^
Forests, and Land Bevenues, in pursuance of this Act or of the CommSsfoners
eaid recited Acts or any of them, may be done by the Commissioner of Woods.
or other Officer for the Time being of Her Majesty in charge of
the said Forest.

CAP. L.

An Act to continue an Act of the Twelfth Year of Her
present Majesty, for amending the Laws relating to
Savings Baiiiks in Ireland, and to authorize Friendly
Societies to invest the whole of their Funds in Savings
Banks. [24tk July 1854.]

* ^IITHEBEAS an Act was passed in the Twelfth Year of the

* ^^ Reign of Her Majesty, intituled An Act to amend the n St I2yict

* LawM relating to Savings Banks in Lreland : And whereas the c 133.

* said Act was continued in force by another Act passed in the

* Fifteenth and Sixteenth Years of the Beign of Hen Majesty
< until the First Day of January One thousand eight hundred and

* fifty-four, and until the End of the then next ensuing Session of

* Parliament: And whereas it is expedient that the said Arst-
' recited Act should be further continued :' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Conunonsy in this present Parliament assembled^ and by the
Antfaority of the samoi

N 3 I- That

188

C.60,61.

17^&18*» VICT0RLZE5.

A.D.1854.

L That the said Act shall be further continued until the Fmi
Day of January One thousand eight hundred and fifty-eight, and
until the End of the then next ensuing Session of Parliament.

n. It shall be lawful for the Trustees of Savings Banks duly
established according to Law to receive from the Trustees or other
proper Officers of Friendly Societies, duly enrolled, registered, or
certified in the Manner required by the Acts in force relating to
Friendly Societies, any Sum of Money the Property of such
Societies, without Restriction as to Amount, under such Regula-
tions as shall be prescribed by the Commissioners for the R^uc-
tion of the National Debt, or the Comptroller General acting
under them.
Sayings Banks V^» Provided always, That nothing contained in this Act re-
Rules alrea^ specting Savings Banks shall render it necessary to have the
*°"ili*^ " • Rules and Regulations of Savings Banks again enrolled, if the
ewo^?*"* same have been before enrolled according to Law.

Act fbr^er
continued.

FondB of
Friendly So-
cieties may be
deposited in
Savings Banks
to any Amount.

14 & 15 Vict
c 38.

Provisional
Orders con-
firmed.

CAP. LI.

An Act to confirm certdn Provisional Orders made under an
Act of the Fifteenth Year of Her present Majesty, to
facilitate Arrangements for the Belief of Turnpike Trusts,
and to make certain Provisions respectiDg Exemptiona
from ToUs. [3l8t JyJy 1854.]

* Al/'HEREAS, in pursuance of the Act of the Fifteenth Year

* ▼^ of Her Majesty, "to facilitate Arrangements for the
' ^ Relief of Turnpike Trusts, and to make certain Provisions

* " respecting Exemptions from ToUs,** certain Provisional Orders

' have been made by the Bight Honourable Viscount Palmersion, *

* One of Her Majesty's Principal Secretaries of State, for reducing
' the Rate of Interest, and for extinguishing the Arrears of
' Interest on the Mortgage Debts charged or secured on the Tolls

* or Revenues of certain Turnpike Roads, and such Orders have

* been published in the Londoti Gazette^ and in Newspapers circu-

* lating in the Neighbourhood of such Roads, and the Dates of

* such Provisional Orders, and the Acts under which the 'tolls or
' Revenues on which such Debts are charged or secured are levied
' or raised, together with the Amount to which the Rate of

* Interest on such Debts is to be reduced, and the Day up to

* which the Interest and Arrears of Interest on such Debts are to
' be extinguished by such Orders, are mentioned in the Schedule
' to this Act c And whereas it is expedient that the said Provi-
' sional Orders should be confirmed, and made absolute :' Be it
therefore enacted by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, That the said Provisional Orders are
hereby confirmed, and made absolute, and shall be as binding and
of the like Force and Effect as if the Provisions thereof had been
expressly enacted by Parliament.

SCHE-

A.D.I854.

17«&18'>VICTORLffi5.

C.51.

183

SCHEDULE.

TITLE OP LOCAL ACT.

iBterMt

to be

reduced to Um

fbUowliw lUtee

per Annum.

Arreereof
Intcreatto
beextio.
guiahedto-
the follow.
Ing Datcf.

185^
14 Oct

1854.
7 Jan.

7 Jan.

7 Feb.

7TA

SAprQ

29 Apr*

3 & 4 Vict c 84., •• An Act for repair-
** ing the Boad from the MaidBtoneTarn-
" pike Gate on the Looae Bead in the
** i^uiah of Maidstone in the County of
'^ Kent, to Newcastle in the Parish of
" Biddenden, and a Branch Bond to the
"Thom in the F^oish of Smarden in
** the same Coonty^ . . .

5 W. 4. c 19., ** An Act for repairing the
**Boad from Little Bowden in the
** Coontj of Northampton to Bocking-
** ham in the same County" -

7 6. 4 a 19., ** An Act for making and
** maintaining a Turnpike Boad, com-
** mencing at or near a certain House
** called liie Shrewsbury Arms, situate
** at Hinderton in the Township of Little
•• Keston, by way of Upton, and termi-
" nating in the Township of Hoose, and
''from Upton aforesaid to the Town-
** ship of Birkenhead, and also certain
''Branches of Boad to communicate
" therewith, all in the County Palatine
"of Chester^ • - . -

7 G. 4. e. 13., " An Act for making and
" maintaining a Boad from Godalming,
" through Hascomb, to Pains Hill, in
" the County of Sunrey"

5 G. 4. c. 54., *' An Act for repairing and
" improYing the Boad from Back Lane
" in the Parish of Scartho, to Hollow-
"gate Head in the Pkffish of Louth in
" the County of Linoohi'*

II G. 4. c 18., " An Act for more effeo-
" tuaUy repairing and maintaining the
" Boad fr«mi New Chappel in the County
" of Surrey to Ditchelmg Bost Hills in
" the County of Sunez, and fimn thence
" to the Town of Brighthelmston in the
** sama County ; and also for making
** and maintaming a Branch of Boad
" from the Townof Ditcheling to Clay-
" ton in the County of SusBex,** as nur
as the same relates to the Ditcheling and
Clayton Branch Boad

57 G. 3. c. 45., " An Act for makinff and
" keeping in repair a Carriage Boad
" from or near the Town of Brough-
" under- Stainmore in the County of
" Westmoreland, to Middleton Bridge in
" the Parish of Bomaldkirk in the North
" Biding of the County of York, with a
** Branch from or near Chapel Hodte to
" BIggleston Bridge in the same Pkirish"

N 4

£ I. d.

10,570 0 0
2,728 0 0

3,4Q0 Q 0

2,380 0 0

4,712 1 0

1,900 0 0

1,620 0 0

4L per Cent

3lL per Cent

3il 10s. per Cent

One Penny per
Cent

2iL per Cent

U 10a. per Cent

One Penny per 31st Dee.
Cent 1853.

31st Dec.
1850.

Ist Jan.
1853.

3l8tDeo.
1853.

31st Dea
1853.

Ist Jan.
1854.

3l8tDec
1852.

184

Cfil— 53.

17" & 18 « VICTOEL^

A.D.1854.

oflVo-
▼uioiud
Older.

TITLE OP LOCAL ACT.

Amount

of

Frifidpal

Debt.

Interwt

to be

reduced to the

following Bates

pcrAonuiB.

Arrears of
Interest to
beextte-
cuUicdto
tbefotlov.
iDf Oetce.

1854.
24 May

19 Jane

4G. 4.C.15., ''An Act far repairing and
• •• improTing the Roads from the Town of
** Stockbridge to the City of Winchester,
<« and from the said City of Winchester
" to the top of Stephen's Castle Down,
** near the Town of Bishops Waltham
** in the County of Sonthiunpton, and
'*from the said City of Winchester
« through Otterbome to Bar Gate in
"the Town and Coonty of the Town of
•' Soathampton, and certain Beads ad-
" joining thereto," as fiir as the same
relatel to the Boad described as ''the
" Winchester and Waltham Boad" -
5 G. 4. c. 91., " An Act f6r makmg and

" stone to Newhayen in the Connty of
"Sussex" - . - ■ -

£ s. d.

1,500 0 0
10,650 0 0

One Penny per
Cent

2il per Cent

31st Dec
1853.

SlstDea
1852.

4 & 5 Vict
c 59.

CAP. LIL

An Act to continue an Act for authorizing the Application
of Highway Bates to Turnpike Koads. [3l8t July 1854.]

Becited Act
f\irther con-
tinued.

meni, an ApplicatUm of a Portion of the Highway Sates to
« Turnpike Roads in certain CaseSj which Act has been continued

« by sundry Acts untU the First Day of October in the Year One

* thousand eight hundred and fifty-four, and to the End of the

* then next Session of Parliament ; and it is expedient that the
« same be further continued :' Be it enacted by the Queen's most
ExceUent Majesty, by and with the Advice and Consent of the
I^rds Spiritual and Temporal, and Commons, in this present Par-
Uament assembled, and by the Authority of the same, That the
said Act shall be continued until the First Day of October One
thousand eight hundred and sixty, and to the End of the then
next Session of Parliament.

CAP. Lin.
An Act to confirm Provisional Orders of the General Board
of H^th for the Districts of Plymouth, Haworth, Aber-
dare. Bishop Auckland, WillenhaU, and Over Dartoen.

iSUiJu'ylS 4.]
! Al/^HEREAS the General Board of Health have, in pursuance

i A '.^ ^^^ ■^^^^'^ ^^^^ ^^^ ^^^®' °^e, published, and
deposited, according to the Provisions of that Act, certain Pro-

* visional

A.Da854. 17*&18*VICTOELffi. C.63. 185

* Tiaional Orders in tbe Schedule to this Act contained ; and it ia

* expedient that the said Orders should be confirmed, and further

* ProYiaiona made in relation thereto :' Be it therefore enacted bj
the Qaeen's most £xoellent Majesty, by and with the Advice and
Consent <t£ the liords Spiritual and Temporal^ and Commons, in
this present Parliament assembled, and by the Authority of the
aam^ Thtt ■

L Tbe IVoYiaionnl Orders of the General Board of Health CertamPro-
eootained in the Schedule hereunto annexed shall, from and after ^^<»al Orden
the pMsing of this Act, so far as the same are authorijsed by the oL^^^^
said Public Health Act, be absolute, and be as binding and of the HcaMioon-
hke Fcree and Kfiect as if the Provisions of the same had been finned.
ezpiessZjr enacted in this Act.

U. Erery Officer acting under the Local Act recited in the Compeniation
ProyisionjJ Order for the Borough of Plymouth^ in the Schedule ^ Oflicen
of this Act contained, any Part of which is repealed by the said ?1^^^?^ -i,
Order, whoee Office shall, by reason of the Transfer of the Powers ^Tly^Sr*
of the Commissioners to the Local Board, be wholly or in part who may be
superseded and rendered unnecessary, who shall not be employed ranorea.
and retained in an Office of equal Value by the Local Board of
Health for the said Borough, shall be entitled to have an adequate
Compensation for the Profits, Salary, and Emoluments of the Office
which he shall cease to hold, the said Compensation to be by way
of Annoity or otherwise, and to be assessed by the Conmiissioners
d Her Majesty's Treasury upon the Beport of the said Local
Board of HealUi, to he made within Three Months after any such
Person shall have heen superseded in his Office, founded upon a
Dedaration made hy such Person, setting forth the Salary, Profits,
and Emohunents derived by him and bis Predecessors for every
Tear during a Period of rive Years next before the Day when
he shall haTO ceased to hold such Office, and such other Evidence
as the said Local Board of Health may require as to the Amount^
Nature, and Particulars of such Profits ; and in assessing the same
regard shall he had to the Manner of his Appointment to such
Office, and his Term therein ; and the said Local Board of Health
shall from Time to Time pay to the Person entitled to Compensa-
tion, out of any Special or General District Bates, in their Dis-
eretion, the Money which shall, upon such Beport, and any Appeal
or Beclamation against the same, be finally awarded by the Com-
missioners of Her Majesty's Treasury as the same shall become
due and be payable.

HL Nine of the Members of the Local Board of Health for Consdtittioa oi
the District of Haworthf the Boundaries of which are set forth in Load Boardfbi
the Schedule to the Haworth P^visional Order appended to this Hawortb.
AjcX^ shall be elected by the Owners of and Batepayers in respect
of Property in that portion of the said District included in the
Hamlet of Haworihy and the remaining Three by the Owners of
mud Ratepayers in respect of Property in that Portion of the said
IHstrict incladed in the Hamlet ^Near Oxenhape; and Three of
the Members so elected for that Portion of the said District
included in the Hamlet of ffaworthy and One of the Members so
eieetod for thai Portion of the said District included in the Hamlet
afJSear Oxenhope^ shall go out of Office on the Thirty-first Day

of

186 0.53; 17* & 18** VICTORLan Ajy.1854.

of March m each Year subsequent to that of the First Electton of

the said Local Board.

First Election lY. The First Election of the Local Board of Health for the

of Local Board District of Baworth, for the Purposes of the said Public Health

of Haworth. ^^ ^^^ ^^^ pj^^ ^^ ^^^ Twenty-fourth Day of Auffugi in the

Year of our Lord One thousand eight hundred and fifty-four.
First Elecdon V. The First Election of the Local Board of Health for the
of Local Board District of Aberdare, for the Purposes of the said Public Health
pf Aberdare. ^^^ gj^^ ^^^ pj^^ ^^ ^^ Twenty-fourth Day of August in the

Year of our Lord One thousand eight hundred and fifty-four*
First Election YL Tlie First Election of the Local Board of Health for the
rf Lo^ Board District of Bishop Auckland, for the Purposes of the said Public
Auck^ Health Act, shall take place on the Twenjy-fourth Day of August

in the Year of our Loi^ One thousand eight hundred and fifty-
four.
First Election YH. The First Election of the Local Board of Health for the
9i^,f ?T* District of WiUenhaU, for the Purposes of the said Public Health
of WiUenhall. j^^^ ^^iKYL take place on the Twenty-fourth Day oi August in the

Year of our Lord One thousand eight hundred and fifty-four. '
First EleeiioD VIH. The First Election of the Local Board of Health for the
rf Local Board District of Over Darweny for the Purposes of the said Public
Smrra. Health Act, shall take place on the Twenty-fourth Day of August

in the Year of our Lord One thousand eight hundred and fifty-four.
For securing an IX. For the Purpose of securing an Outfall for the Sewerage
Out&ll for the ^,f the District of Over Darwen, as constituted by the Provisional
Over ^^rwen. ^^®^ ^^ *^® Schedule to this Act annexed, the Local Board for
the said District shall have Power to cause their Sewers to com-
municate with and empty in such Part of the Township of Lower
Dartsen as shall to them appear suitable for that Purpose, making
Compensation, in the Manner pointed out by the Public Health
Act, 1848, for any Damage caused thereby.
^ "?®f 'gT** X. This Act shall be deemed to be incorporated with the Public
l^H^thArt. H®al*^ -^^^ a»d shall be as if this Act and the Public Health Act

were One Act
Short Title. XL In citing this Act in any other Act of Parliament, or in

any Proceeding, Instrument, or Document whatsoever, it shall be
sufficient to use the Words and Figures, "The Public Health
« Supplemental Act, 1854."

SCHEDULE to which this Act refers.

Names of Places to which the following Provisional .Orders of
the General Board of Health apply.

Plymouth.
Haworth.
Abebdabe.

Bishop Aucklami).
Willenhall.
Oyeb Dabwen.

PLYMOUTH.

Provisional Order for the Application of the PuhUc Health Act to
the Borough of Plymouth, in the County of Devon.

General Board of Health.

Whebeas it having been ascertained from the last Return, for
the Time being, made up by the Registrar General of Births,

Deaths,

AJ).1854. !?• & 18* VICTORLffi. 0.55. 187

Deaths, and Mvriagesy that the annual Number of Deaths in the
Monicipal Borough of Plymouth, in the County of Devon, has on
an Average of Seven Years exceeded during that Period the Pro-
portion of Twenty^three to a Thousand of the Population, due
Inquiry and Report have been made under the Public Health Act,
1848, in that Borough.

. And whereas from such Report it appears that notwithstanding
ihere is a Local Act in force in the said Borough, intituled '* An
" Act for better paving, lighting, cleansing, watching, and im-
** proving the Town and Borough of Plymouth, in the County of
** Devon ; and for regulating the Police thereof ; and for rcmov-
« ing and preventing Nuisances and Annoyances therein," the
Mortality of Plymouth is excessive, and that the real Cause of this
excessive Mortality is to be found in the generally defective Nature
of the existing sanitary Arrangements, and the divided Jurisdic-
tion exercised by the various Public Bodies; that this divided
Jurisdiction further causes unnecessary Expense, and effectually
prevails the carrying out of general and comprehensive Measures ;
that the existing Water Supply requires Improvement and Exten-
sion; that the present Sewerage and Ihrainage is much too
limited in Extent ; and that where Sewers or House Drains are
laid down, they are, in many Cases, defective both in Construc-
tioQ and Arrangement ; that the partial Provisions made for
either Sewerage or House Drains have been carried out at various
Periods and in various Ways, instead of on a combined and care-
fully arranged System, by which alone due Efficiency can be
eeeored, and that the present Outfalls for the Sewage are also
highly prejudicial to Health ; that the present System of cleansing
the Streets and removing the House Befuse is imperfect ; that the
existing Burial Grounds are unduly crowded and ought to be
closed, sufficient Means of Interment existing within a convenient
Distance; that many Portions of the Town are insufficiently
lighted, particularly a great Number of the Courts and I^anes
occupied by the poorer Classes ; that it would be a Means of
Health and Comfort to all, but particularly the poorer Classes of
the Borough, if public Baths and Wash-houses were established.
And whereas the Public Health Act, 1848, contains Provisions
for consolidating local Authority in Corporate Districts in the
Hands of the Town Council ; for improving and extending Water
Supply, and compelling such Supply in Houses where the Expense
does not exceed 2d. a Week ; for providing a general Survey on
which Sewerage and other Works may be laid down on a com-
prehensive and economical Plan ; for providing an Outfall for
Sewerage and carrying Sewers where necessary through private
Property ; for compelling the Provision of House &ains and
Waterclosets ; the cleansing of unwholesome Houses and Streets ;
for regulating the Breadth and Levels of new Streets ; for closing
Burial Grounds where sufficient Means of Interment exist within
a convenient Distance;, for distributing the Charge for permanent
Works over the Period for which the Works are likely to last, and
for rating to the Cost of such Works those who are benefited
thereby ; for intrusting to the Local Board of Health the CHre
and Management of the Roads ; for lighting and other Matters
essential to the sanitary Regulation of the District ; and for pro-
viding

188 C.53. 17* & 18° VICTORI-aE. A.D.1854*

riding for the Repeal, Alteration, Extension, or further Ezecntion
of Lo^ai Acts.

Now therefore, in pnrsnanoe of the Power vested in ns by the
Public Health Act, 1848, we the said General Board of Health
do, bj this Provisional Order, under our Hands and Seal of Office^
direct : —

That from and after the passing of any Act of Parliament con-
firming this Order, —

1. "The Public Health Act, 1848," and every Part thereof

relating to (Corporate Districts, except the Section numbered
50 in the Copies of that Act printed by Her Majesty's
Printers, shall apply to the Aroa comprised withm tiie
Boundaries of the said Borough of Plymouth.

2. The Sections of the Towns Police Clauses Act, 1847, with

respect to Obstructions and Nuisances in the Streets, and
with respect to Fires, and with respect to Places of public
Resort ; and the Sections of the Towns Improvement
Clauses Act, 1847, with respect to naming the Streets and
numbering the Houses, and with respect to improving the
Line of tiie Streets and removing Obstructions, and with
respect to ruinous or dangerous Buildings, and with respect
to Precautions during the Construction and Bepair of
Sewers, Streets, and Houses } and the Sections with respect
to the Prevention of Nuisances numbered 104 and 105 ;
and the Section with respect to the Prevention of Smoke ;
and the Sections with respect to the Construction of
Houses for Prevention of Fire ; and the Sections with
respect to supplying Buildings with fresh Air, numbered
1 10, 1 1 1, and 1 12 ; and the Section with respect to Clocks ;
and so much of the Sections with respect to Things to be
done by the Commissioners by Special Order onlv, as re-
lates to Baths and Wash-houses, except so much of the said
last-mentioned Sections as requires any Special Ordor in
respect of the Matters ccmtained therein, shall be incorpo-
rated with the unrepealed Parts of the said Local Act» and
with the said Public Health Act as applied to the said
Borough, and any Act of Parliament confirming the same ;
and the Expression ''the Special Act," used in the said
Sections, shall be construed to mean the unrepealed Parts
of the said Local Act, and the said Public Healtii Act so
applied ; and the Expression ''Limits of the Special Act,"
used in the same Sections, shall be construed to mean the
District constituted by this Order, and any Act of Parlia-
ment confirming the same ; and the Expression " the Com-
missioners," us^ in the said Sections, shall mean the said
Local Board.

8. The Mayor, Aldermen, and Burgesses of the said Borough
shall be by the Council of the said Borough the Load
Board of Health under the said Public Health Act

4« Such Parts of the said Local Act as are specified in the
Schedule to this Order shall be repealed, except in so &r
as relates to anything done before the passing of any Act
of Parliament confirming this Order, and except in so &r
as the same repeal any other Act or Acts of Parliament.

5. The

A.B.1854. It « & 18^ VICTOBLaS. C. 53; 18»

5. The Powei^ Aathoritieay and Duties of the Commissioners
for the Time being, acting in execution of the said Local
Act, shall cease ; and such of them as are granted or im-
posed bj the unrepealed Parts of the said Local Act shall,
so £u: as thej are not repugnant to or inconsistent with
the said Public Health Act, or this Order, or anj Byelaw
which shall be lawfully made under the said Public Health
Act, be transferred to the said Local Board of Health, and
the Officers and Servants of the said Local Board, and shall
be exercised as if thej had been granted or imposed hy the
aaid Public Health Act ; and for this Purpose the unrepealed
Tvria of the said Local Act shall be incorporated with the
said Public Health Act as applied to the said Borough, and
all Places within the Limits of the said Borough c^all be
subject to the unrepealed Parts of the said Local Act

6u The said Local Board shall be the Commissioners for execut-
iBg the unrepealed Parts of the said Local Act.

7. AH Property and Estate of the Commissioner^ acting in the

execution of the said Local Act shall be transferred to the
said Local Board of Health, and shall, as near as Circum-
stances will permit, be held by the said Local Board of
Health upon the same Trusts, and for the same Purposes^
as by sudi Commissioners.

8. All D^bts, Monies, and Securities for Money contracted or

payable by such Commissioners shall be satisfied by tiie
said Local Board out of such Parts of the said transferred
Property and Estate as would have been chargeable there-
with if this Order had not been made, and shall be paid
and satisfied by the said Local Board as by such Commis-
sioners.
9l Provided always, that if such Property and Estate be insuf-
ficient for that Purpose, the Deficiency shall be charged
upon the Rates leviable under the said Public Health Act,
in the Parts only which would have been chargeable with
such Deficiency if this Order had not been made.

10. Provided also, that if such Property and Estate be more than

sufficient, the Surplus shall be applied to the exclusive Use
of the same Parts and to the same Purposes as it would
have been if this Order had not been made.

11. All Expenses which shall be incurred by the said Local

Board of Health under the unrepealed Parts of the said
Local Act, and which shall not be defrayed out of Monies
arising under such Local Act, shall be deemed to be Elx-
penses incurred by such Board under the said Public
Healtii Act, and shall be defrayed out of the Bates under
that Act (as the nature of the Case may require) ; and the
Monies necessary to be raised for the Purposes of such
Local Act may be raised as under the said Public Health
Act ; and the Provisions of the Public Health Act shall
extend and apply to all purchases of Property made under
the Powers of such Local Act

12. Provided always, that this Order, and the Repeal of the

Parts of the said Local Act mentioned in the Schedule
ikereto, shall not prejudicially afiect anything done under

that

i9d C.68. 17» & 18<> VICTORLZB. A-D.1864.

that Act before the passing of any Act of Parliamoit
confirming this Order; but, notwithstanding this Order
and the Schedule hereunto annexed, all such Things shall
be as valid, with reference to the said Local Board of
Health, as if the same had been done with reference to
that Board, and may be dealt with in the same Manner, in
all respects, as if itkey related to that Board instead of
such Commissioners.
13. Provided also, that this Order, and the Repeal of the Parts
of the said Local Act mentioned in the Schedule hereunto
annexed, shall be without Prejudice to any Penalties in«
curred under the said Local Act, but all such Penalties
may be recovered by the said Local Board of Healtli
according to the Provisions of this Order.

Given under our Hands and under the Seal of the
General Board of Health, this Third Day of No-
vember, in the Year of our Lord One thousand
eight hundred and fifty-three.

(Signed) Shaftesbuht.

Edwin Chadwick.

T. SOUTHWOOD SlOTH.

Schedule to which this Order refers.

The Parts of the said Local Act referred to in this Order to be
repealed are as follows (that is to say) :

The Sections numbered respectively in the Copies of the said
Act, printed by the King's Printers, 2 to 25, 28 to 36, 45 to 64,
66 to 62, 64 to 73, 81 to 83, 87 to 145, aU inclusive.

And so much of any unrepealed Part of the said Act, or of
any Act by this Order incorporated therewith, or with the Public
Health Act, 1848, as fixes the Amount of any Penalty for any
Offence under the said Act, wherever the Penalty for such
Offence shall have been fixed by the Public Health Act, 1848,
or by any Byelaw of the Local Board of Health, made under
and by virtue of the said Public Health Act, at an Amount other
than that fixed by the said first-mentioned AcL

HAWORTH.

Pravisianai Order for filtering the Boundaries of the District of
Haworih in the West Riding of the County of Yorh^ as constiiuted
for the Purposes of the Public Health Acty 1848. *

- General Board of Health.

Whereas, by Order of Her most Gracious Majesty in Council,
bearing Date the 23d Day of October 1851, made under the Pro-
visions of the Public Health Act, 1848, the said Public Health
Act was duly applied to the District of Haworth, in the West
Biding of the County of York.

And whereas it appears to the General Board of Health ap-
pointed for the Purposes of the said Act, that the Boundaries of
tiie said District, as determined by the said Order, should be
altered and aoiend^ in the Manner prescribed by the said Act.

And

AJ).1854. 17*^ & 18«^ VICTOBI.ffiL C.153J 191

And wbmas die said Greneral Board have, in pursuance of the
ProYisions of the said Act^ directed William Banger, a Superin-
tending Inspector i^pointed for the Purposes of that Act, to visit
the said District, and to make further puhlic Inquiry, and to
examine Witnesses as to the altered Boundaries which might most
adTantageooslj be adopted for the Purposes of the said Act.

And whereas the said Superintending Inspector, having pre-
viooslj given the Notices directed bj the said Act, proceeded
upon the said further Inquiry in the Manner directed by the said
Act, and hath reported in Writing to the said General Board
upon the said Matter with respect to which he was directed to
inquire.

And whereas Copies of the Report on such further Inquiry,
accompanied by a Notice stating that written Statements might
be fcTwmrded to the said Board with respect to any Matter con^
tained in or omitted from the said Report, or any Amendment
proposed to be made therein, have been duly published and
deported as directed by the said Public Health Act, and the
Time far forwarding such Statements has now elapsed, and all .
such Statements as have been received by the said Board have
been duly deposited as required by that Act.

And whereas it appears to the said General Board to be ex-
pedient that the Boundaries of the said District should be altered,
as leoommended by the said Superintending Inspector, but the
same cannot be done without the Authority of Parliament.

Now therefore, in pursuance of the Power vested in the General
Board of Health by the Public Health Act, 1848, We, the said
General Board of Health, do, by this Provisional Order, under
our Hands and Seal of Office, order and direct as follows ; that is
toaay.

That from and afler the passing of any Act of Parliament con-
firming this present Order —

1. The Boundary of the said District for the Purposes of the

Bud Public Health Act shall be the Boundary described in
the Schedule to this Order annexed

2. That from and after the Day appointed by the Act of Par-

liament confirming this present Order for the First Election
of the Local Board of Health for the District hereby con-
stituted, the Public Health Act, 1848, and every Part thereof,
except the Section numbered 50 in the Copies of that Act,
printed by Her Mfgest/s Printers, shall apply to and bein
force within and throughout the entire Area comprised
within the Boundary aforesaid ; and that the Parts within
the said Boundary shall be and constitute a District for the
Purposes of the said Public Health Act accordingly, under
the Name of the "^ Haworth District."

3. That from and after the Day fixed for the First Election of

ft Local Board of Health for the District hereby constituted
by any Act of Parliament confirming this Order, the exist-
ing Local Board of Health for the District of Haworth, as
constituted by the firstiy herein-before mentioned Order in
Ck>uncil, shall be dissolved, and the Powers, Authorities, and
Duties of the Members of the said Board shall wholly cease
ftnd determine ; and tiiose of their Treasurer, Clerk, Sur-
veyor,

19J CfiS; 17* & 18* VICT0EL2EL A.D.1864.

▼ejcnry Inspector of NnisanceSy Collector^ or other Officers^
shall ceaae and determine from any Time i^pointed by the
Local Board to be elected under this Order and the Act of
Parliament confirming the same.

4. That the Local Board of Health for the said District to be

constitated by this Order and the Act of Parliament con-
firming tiie same shall consist of Twelve Persons, to be
elected in the Manner directed with respect to snch Local
Board by the Act of Parliament confirming this Order.

5. That every One of the Twelve Persons so to be elected as

last aforesaid shall at the Time of snch Election, and so
long as he shall continue in Office by virtue of such Elec-
tion, be resident as in the Public Health Act is required,
and be seised or possessed of Beal or Personal Estate, or
both, to the Value or Amount of not less than Four hun-
dredPounds, or shall be so resident and rated to the Belief
of the Poor of some Parish, Township, or Places of whidi
some Part is within the said District, upon an annual Value
of not less than Ten Pounds.

6. That at the First Election of the Members of the said Local

Board William Greenwood, Esq. of Oxenhope, shall have
the Powers and perform the Duties vested in or impoeed
upon the Chairman of the Local Board of Health by the
said Public Health Act, in relation to the Election by
Owners of Property and Batepayers, and shall perform all
other Duties which it may be requisite for him to perform
in conducting and completing the said First Election ; and
in case the said William Greenwood, Esq. from Illness or
other sufficient Cause, shall be unable to exercise or dis-
charge such Powers or Duties, or shall be absent, or shall
refuse to act, then William Turner, West Lane, Haworth,
shall exercise and perform such of the said Powers and
Duties as then remain to be exercised or. performed.

7* That the Fourteen Days Notice of Qualification required by
the Public Health Act, 1848, to be given by Owners of
Property in order to entitle them to vote at the said First
Election, shall be given to the said William Greenwood at
his Besidence, Oxenhope, or in case he shall refuse or be
unable to receive the same, then to the said William Turner
at his Besidence, West Lane, Haworth.

8. That from and after the Day fixed for the First Election of
a Local Board for the District thereby constituted by the
Act of Parliament confirming this Order, all Lands, Build-
ings, Works, Bates, Tolls, Duties, and Hereditaments,
Utensils, Materials, Books, Plans, Maps, Deeds, Efiects,
Contracts, Papers, Monies and Securities for Money, and
all other Property and Estate whatsoever, belonging to or
vested in the Local Board of Health elected under the
firstly herein-before mentioned Order in Council shall be
transferred to^ vested in, belong to, and be recovered by
the Local Board of Health to hd elected under this Order
and the Act of Parliament confirming the same, as fully as
the same would or could have belonged to, been vested in,
or recovered by die firstly herein-before mentioned Local

Board

A.D.ia54. 17^ & 18* VICTORIA C.53. 193

Board of Health, and shall, as near as Circumstances will
permit, be held by the Local Board of Health to be elected
under this Order and the Act of ParliamAit confirming the
aame, upon the same Trusts, and for the same Uses, Intents,
and Purposes as the same were or would be held by the
said firstly herein-before mentioned Local Board.
9. Iliat from and after the passing of any Act of Parliament
confirming this Order, all Bonds, Mortgages, Annuities,
Contracts, Debts, Monies and Securities for Money, made,
giTen, contracted, or payable by the Local Board of Health
elected under the firstly herein-before mentioned Order in
Council shall be paid and satisfied by the Local Board to
be elected under this Order and the Act of Parliament
cotufirming the same, out of such Parts of the said trans-
ferred Property and Estate as would or ought to have been
eharged or chargeable in respect of the same, if this Order
had not been made ; and shall, as near as Circumstances
will permit, have the same Priority, and be paid and satis-
fied within the same Times, and recovered from the said
last -mentioned Local Board as the same might have been
recovered from the firstly herein-before mentioued Local
Board.
10. Provided always, that this Order shall not annul, defeat,
lessen, or otherwise prejudicially affect any Rate, Assess-
ment, Imposition, Composition, Charge, Purchase, Sale,
Conveyance, Grant, Demise, Lease, Mortgage, Annuity,
Assignment, Bond, Contract, Covenant, Agreement, Secu-
rity, Matter, or Thing whatsoever before the passing of any *
Act of Parliament confirming this Order, made, entered
into, or done under or by virtue or in pursuance of the
firstly herein-before mentioned Order in Council, or with
reference to the Purposes of the same ; but, notwithstand-
ing this Order^ all such Acts, Deeds, Matters, and Things
shall be as good, valid, and effectual, to all Intents and Pur-
poses whatsoever, for, against, and with reference to the
Local Board of Health to be elected under this Order and
the Act of Parliament confirming the same, as if the same
had been made, entered into, or done by, to, or with reference
to that Board instead of the Members of the Local Board
elected under the firstly herein-before mentioned Order in
Council, and may be pit>ceeded on and enforced in the
same Manner in all respects as if the Local Board to be
elected under this Order and the Act of Parliament con-
firming the same, instead of the Local Board elected under
the firetly herein-before mentioned Order in Council, had
been party or privy to the same, and had been named or
referred to therein.

Given under our Hands and under the Seal of the
General Board of Health, this First Day of Fe-
bruary in the Year of our Lord One thousand eight
hundred and fifty-four.

(Signed) Shaftesbury.
(l.8.) Edwin Chadwick.

T. SouTHWOOD Smith.
17 & 18 Vict, O Schedule

194 C. 63, 17^ & 18* VICTORIJB. A.D.1854.

Schedule to which this Order refers.

The proposed District is bounded by the following Parcels of
Pieces of Grounds, Lands, Tenements, and Hereditaments, num-
bered in the Plan accompanying the Report on Haworth by
W. Banger, Esq., herein-before referred to by the Numbers
following their respective Names : —

On the East--

By the Parish of Bingley.
On the South-east —

By the Hamlets of Far and Near Oxenhope to Marsh Bottom.
By the Turnpike Boad, called Marsh Boad, to Marsh Top, in

Near Oxenhope. Now

By Limed Hey - - - - - 111

Delf-close - - - - - 108

Cross-close - 127

Close near House - - - - - 128

By Field Head-lane, with the following Fields on the other
Side, viz. —
Plantation - - - - - 131

Far Copy-field - - - - - 133

Near Copy-field - - - - 134

Oxenhope- waste - - - - 136

The ancient Boundary Line dividing Near Oxenhope from
Haworth Hamlet.

On the South-west —

By the Parish of Halifax.
On the North-west—

By the Hamlet of Stanbury.
On the North and North-cast —

By the Parish of Keighley.

ABEBDABE.

Provisional Order for the Application of the Public Health Act,
1848, to the Parish ofAberdarCy in the County of Glamorgan,

GSKEBAL BOABD OF HeALTH.

Whebbas, it having been ascertained from the last Betum for
the Time being, made up by the Begistrar General of Births,
Deaths, and Marriages, that the annual Number of Deaths within
the Boundaries of the Parish of Aberdare, in the County of Gla-
morgan, has on the Average of Seven Years exceeded the Pro-
portion of Twenty-three to a Thousand of the Population of such
Parish, the General Board of Health directed Thomas Webster
Baminell, one of their Superintending Inspectors, to visit the said
Parish, and to make public Inquiry, and to examine Witnesses as
to the Sewerage, Drainage, and Supply of Water, the State of the
Burial Grounds, the Number and sanitary Condition of the Inha-
bitants, and as to any Local Acts of Parliament in force within the
said Parish for paving, lighting, cleansing, watching, regulating,
supplying with Water, or improving the said Parish, or having
relation to the Purposes of the said Act ; also^ as to the natural
Drainage Areas, and the existing parochial or other local Boun-
daries,

A.D.1854. 17- & 18* VICTORIiE. C.63. 195

daries, ftad the Boundaries which might be most adrantageouslj
adopted for the Purposes of the said Act

And whereas the said Saperintending Inspector, having pre-
Tioaslj given the Notices required by the said Act, proceeded
upon the said Inquiry in the Manner directed by the said Act,
and hath reported in Writing to the said General Board upon the
several Matters with respect to which he was so directed to
inqaire as aforesaid, and upon certain other Matters in respect of
which he deemed it expedient to report for the Purposes of the
said Act.

And whereas Copies of the said Report, accompanied by a
Notice stating that, within the Time directed by the said Act,
written Statements might be forwarded to the said Board with
respect to any Matter contained in or omitted from the said
Report, or any Amendment proposed to be made therein, have
been duly published and deposited as required by the said Act,
and the Time for forwarding such Statements has now elapsed,
and no such Statements have been received by the said Board.

And whereas it appears upon such Report that there is a cer-
tain Local Act in force within the said Parish having relation to
the Purposes of the said Public Health Act ; that is to say.

An Act passed in the Fifteenth Year of the Reign of Her
present Majesty Queen Victoria, intituled ** A^ Act for
** establishing a Market, and for providing a Market House
'' and Slaughter-houses, at Aberdare, in the County of
" Glamorgan."

And whereas from such Report it appears, —

1. That the Population of Aberdare has rapidly increased
of late Years, and is still increasing with greater Rapidity
than at any Period heretofore.

2. That there are no Local Acts in force (with the Excep-
tion of a Market Act), nor any Powers for providing for the
sanitary Requirements of the Place, or the Com&)rt and
Convenience of the Inhabitants.

3. That being situate in a Valley, at the Confluence of
Two Rivers, the Site is occasionally subject to Floods.

4. That there is no Provision for Drainage, and great De«
iiciency of Privy Accommodation ; and that the Inhabitants,
for Want of such Provisions, are forced to resort to the most
offensive Expedients in disposing of their Refuse ; the greater
Portion of it being cast upon Spots of Waste Ground, and
the public Streets and Thoroughfares, where it accumulates
in Heaps and stagnant Pools.

5. That there is no public Provision for Water Supply,
the major Part of the Inhabitants resorting to certain Springs
or Spouts, some of which yield Water of impure Quality ;
that the Labour and Loss of Time incurred in procuring a
Supply of this Water are so great as to amount to a serious
Evil ; and that, as the Population of the Place goes on in-
creasing, this Evil must increase also, unless some timely
Provision be made.

a That the Houses of the Working Claeses, from the

Causes above cited, and from their being crowded closely

O 2 together

196 C.53. 17« & 18^ VICTORIA A.D.1854.

together and ill-ventilated, are generally very unhealthy and
comfortless Abodes.

7. That the sanitary Condition of the Place is very bad.
Fevers and other zymotic Diseases being continuously present;
that the Deaths from these Causes, and of young Subjects,
are far beyond the Average even in manufacturing Districts.

8. That the Roads are in a State requiring Improvement.

9. That, although a Gras Company exists, there is no public
Lighting.

10. That there is One Burial Ground attached to the Parish
Church, which is very old, and now quite full; but that
further Burial Acconmiodation, to the Extent of Eleven
Acres, in connexion with the Established Church, will shortly
be available ; but there are Thirteen small Burial Grounds
attached to Dissenting Chapels of various Denominations,
many of which, from their Condition, and from the Position
in proximity to Dwellings, it would be desirable to close.

11. That the Comfort and Health of the Inhabitants would
be promoted and their Condition improved by —

a. Drainage of the Subsoil in Parts.

b. A complete System of Refuse Drainage.

c. Proper Privy Accommodation.

d. An abundant Supply of pure Water.

€, Improved Ventilation in the Dwellings of the Working
Classes.

f. Improvement in the State of the Roads.

g. Lighting of the public Streets.

h. The closing of some of the existing Burial Grounds,
and the f^ovision of adequate Burial Acconmiodation
in their Stead.
And whereas it appears to the said General Board to be expe-
dient that the said Public Health Act should be ap{>lied to the
said Parish ; but the same cannot be done without the Authority
of Parliament.

Now therefore, in pursuance of the Powers vested in the said
Board by the Public Health Act, 1848, we, the said General
Board of Health, do, by this Provisional Order under our Hands
and official Seal, direct^ that from and after the Day appointed
for the First Election of the Local Board of Health by any Act
of Parliament confirming this Order : —

1. The Public Health Act, and every Part thereof, except the

Section numbered 60 in the Copies of that Act printed by
Her Majesty's Printers, shall apply to the Parish of Aber-
dare, in the County of Glamorgan.

2. The Local Board of Health for the said Parish shall consist

of Twelve Persons, all of whom shall be elected for the
whole of the said Parish.

3. One Third in Number of the said Local Board shall go out

of Offipe on the Day next after the Expiration of a Year
from the Day appointed by Parliament for the First Elec-
tion of the said Local Board, and so on annually.

4. Every Person shall, when elected, and while he continues a

Member of the said Local Board, be resident, as in the
Public Health Act^ 1848, is required, and be possessed of

Real

A.D.1854. 17* & 18« VICTORI-S). C.53. 197

Beal or Personal Estate, or both, to the Amount of not less
than Five hundred Pounds, or shall be so resident and
rated to the Relief of the Poor of the said Parish, or of
some Township or Place of which some Part is within
the said District, upon an annual Value of not less than
Twentj-five Pounds.
5. At the First Election of the said Local Board, the Reverend
John Griffith, Vicar of Aberdare, shall perform the Duties
which it may be requisite for him to perform in conducting
the said First Election ; and in case the said John Griffith,
frcm Illness or other sufficient Cause, shall be unable to
discharge such Duties, or shall be absent, or shall refuse
to act, then David Davies, Coal Proprietor, Blaen Gwawr,
Aberdare, shall perform such of the said Duties as then
remain to be performed.
6. The Fourteen Days Notice of Qualification required by the
Public Health Act, 1848, to be given by Owners of Pro-
perty in order to entitle them to vote at the said First
Election shall be given to the said John Griffith, at his
Residence, the Vicarage, Aberdare ; or in case he shall
refuae or be unable to receive the same, then to the afore-
said David Davies^ at his Residence, Blaen Gwawr,
Aberdare.

Given under our Hands and under the Seal of the
General Board of Health, this Twenty-fourth Day
of January, in the Year of our Lord One thousand
eight hundred and fifty-four.

(Signed) Shaftksbxtbt.
(l.8.) Edwin Chadwick.

T. SOUTHWOOD SmTH.

BISHOP AUCKLAND.

Pfwinonal Order for the Application of the Public Health Act
to tkeDiMirici of Bishop Auchlandy in the County of Durham,

General Board of Health.
Wherxas the Greneral Board of Health have, upon the joint
Petition of not less than One Tenth of the Lihabitants rated ta
the Belief of the Poor of and within the Townships of Newgate
in Auckland, the Borough of Auckland, and Bondgate in Auck-
land, commonly called the Township of Bishop Auckland, in the
County of Durham, (the Number of the said Petitioners exceeding
Thirty in the whole,) directed Thomas Webster Rammell, ono of
their Superintending Lispectors, to visit the said Township, and
to make public Liquiry and to examine Witnesses as to the
Sewerage, Drainage, and Supply of Water, the State of the
Burial Grounds, the Number and sanitary Condition of the In*
habitants, and as to any Local Acts of Parliament in force
within the said Township for paving, lighting, cleansing, watch-
ing, r^ulating, supplying with Water, or improving the said
Township, or having relation to the Purposes of the said Act;
also as to the natural Drainage Areas, and the existing parochial
or other local Boundaries, and the Boundaries which might be
most advantageously adopted for the Purposes of the said Act.

0 3 -And

198 C.63- 17* & 18 « VICTORIA. A-D.1864.

And whereas the said Superintending Inspector, having previ-
onslj given the Notices required by the said Act, proceeded upon
the said Inquiry in the Manner directed by the said Act, and
hath reported in Writing to the said General Board upon the
several Matters with respect to which he was so directed to
inquire as aforesaid, and upon certain other Matters in respect of
which he deemed it expedient to report for the Purposes of the
said Act.

And whereas Copies of the said Report, accompanied by a
Notice, stating that» within the Time directed by the said Act,
written Statements might be forwarded to the said Board with
respect to any Matter contained in or omitted from the said
Report, or any Amendment proposed to be made therein, have
been duly published and deposited as required by the said Act,
and the Time for forwarding such Statements has now elapsed ;
and all such Statements ajs have been received by the said Board
have been duly deposited as required by that Act.

And whereas it having appeared to the said Greneral Board that
the Boundaries which might be most advantageously adopted for
the Purposes of the Act were not the same as those of the said
Township, with respect to which the said Inquiry had been made,
the said Board caused the said Thomas Webster Bammell to visit
the Parts within the Boundaries proposed to be adopted for the
Purposes of the said Act.

Ajid whereas the said Superintending Inspector, after having
given such Notice as is required by the said Act^ did hear all
Persons desirous of being heard before him on the Subject of the
said Report, and did make further Inquiry and report according
to the Directions of the said Board.

And whereas Copies of such further Report, accompanied by a
Notice stating that, within the Time directed by the said Act,
written Statements might be forwarded to the said Board with
respect to any Matter contained in or omitted from the said last-
mentioned Report, or any Amendment proposed to be made therein,
have been duly published and deposited as required by the said
Act, and the Time for forwarding such Statements has now elapsed ;
and all such Statements as have been received by the said Board
have been duly deposited as required by that Act

And whereas it appears to the said General Board to be expe-
dient that the said Public Health Act, except as herein-aRer
mentioned, should be applied to so much of the said Township of
Bishop Auckland as is included within the Boundaries described
in the Schedule to this Order, being the same as the Boundary
marked by a dotted Lino on the Map accompanying the said First
Report of the said Thomas Webster Rammell, and being the same
within which the said Inquiry and further Inquiry have been
made ; but the same cannot be done without lie Authority of
Parliament.

Now therefore, in pursuance of the Powers vested in the said
Board by the Public Health Act, 1848, we, the said General
Board of Health, do, by this Provisional Order under our Hands
and Seal, direct : —

That, from and after the passing of any Act of Parliament con-
firming (he present Order, —

1. The

A.D.1864. !?• & 18» VICTORLaE. C.63. 199

1. The Pablic Health Act, except the Section numbered 50 in

the Copies of that Act printed by Her Majesty's Printers,
shall apply to so much of the said Township of Bishop
Auckland as is comprised within the dotted Line on the
Plan annexed to the said First Beport, referred to on that
Plan as ^the Boundary of the proposed District^" and
described in the Schedule to this Order annexed.

2. The Local Board of Health for the said District shall consist

of Nine Persons, and the entire Number shall be elected
for the whole of the said District.

3. One Third in I<Iumber of the Persons so elected shall go out

of Office on the Twenty-fifth d^ of March in each Year
subsequent to that of the Pirst Election of the said Local
Board.

4. Every Person shall, at the Time of his Election as Member

of the said Local Board, and so long as he shall continue in
Office by virtue of such Election, be resident, as in the
Pablic Health Act, 1848, is required, and be seised and
possessed of Real or Personal Estate, or both, to the Value
or Amount of not less than Five hundred Pounds, or shall
be so resident and rated to the Relief of the Poor of some
Parish, Township, or Place of which some Part is within
the said District, upon an annual Value of not less than
Twenty Pounds.

5. At the First Election of the said Local Board, the Reverend

George Edward Green, Perpetual Curate of St. Andrew,
Bishop Auckland, shall have the Powers and perform the
Duties which it may be requisite for him to perform in
conducting the said First Election; and in case the said
George Elward Green, from Illness or other sufficient
Cause, shall be unable to discharge such Duties, or shall
be absent^ or shall refuse to act, then Robert Archibald
Douglas Gresley, Esquire, shall perform such of those
Duties as then remain to be exercised or performed.

6. The Fourteen Days Notice of Qualification required by the

Public Health Acl^ 1848, to be given by Owners of Pro-
perty in order to entitle them to vote at the said First
Election shall be given to the said George Edward Green,
at the Parsonage, Bishop Auckland, or in case he shall
lefose or be unable to receive the same, then to the said
Robert Archibsdd Douglas Gresley, at his Residence, Bishop
Auckland, within the aforesaid District.

Given under our Hands and under the Seal of the
General Board of Health, this Twenty-fourth Day
of January, in the Year of our Lord One thousand
eight hundred and fifty-four.

(Signed) Shavtesbubt.
(l.8.) Edwin Chadwick.

T. SouTHWOOD Smith.

Q 4 Schedule

200 C. 53. 17« & 18" VICTORIA. A.D.1854,

Schedule,

The foUowing is the Description of the Boundary of the District
of Bishop Auckland referred to in the above Order : —
The Boundary of the District of Bishop Auckland, in the
County of Durham (as marked by a dotted Line drawn on the
Plan of the said Township, prefixed to the First Report on Bishop
Auckland made by Mr. Rajnmell to the General Board of Health,
and dated 22nd October 1852, and described on that Plan as the
*' proposed Boundary of the proposed District,**) commencing at
the Centre of the Bowes Turnpike Road, leading from Bishop
Auckland to Barnard Castle, and of a Road leading from South
Church and Etherley Grange respectively, at their Points of
Intersection with Cabin Gate. The Line will follow the Centre
of the Road running in a Westerly Direction, which forms the
Southern Boundary of Cockton Hill Farm belonging to Richard
Bowser, Esq., up to the Western Side of a Field on the North
Side of the aforesaid Road, marked No. 1 ; then along the West
Fence of that Field, in a Northerly Direction ; then Westerly
along a Portion of the ^uth Fence of a Field marked No. 2, and
belonging to Richard Bowser, Esq.; then Northerly along a
Fence which forms the Western Boundary of Fields marked
Nos. 2, 3, and 4, up to and across the Road leading from Bishop
Aucklandsto Etherley Grange, along a Fence which forms the
Western Boundary of Two Fields marked Nos. 5 and 6, and
belonging to Richard Bowser, Esq., up to a Fence forming the
South Boundary of the Wear Valley Railway ; thence still in a
Northerly Direction, across such Railway, and along a Fence
forming the Western Boundary of a Field marked No. 7, belong-
ing to the Wear Valley Railway Company, and along a Fence
forming the West Boundary of a Field marked No. 8, up to the
River Wear ; then along the Southern Bank of the River Wear,
up to the Point where the River Gaunless falls into the said
River ; then along the Western Bank of the River Gaunless to
the South-east Corner of a Field adjoining the River Gaunless
aforesaid, belonging to Messrs. William, Luke, and Robert Sey-
mour, commonly called " Penny Bat Field," and marked No. 9 ;
thence Westerly along a Fence forming the South Boundary of
the said Field, and across a Road called the South Church Lane,
leading from Bishop Auckland to South Church ; and along Fences
forming the South Boundary of the Fields marked Nos. 10, 11,
and 12, belonging to Richard Bowser, Esq. ; and along a Fence
forming the South Boundary of a Field marked No. 13, belonging
to the Bishop of Durham, and into the Road leading from Bishop
Auckland to Cabin Gate ; and thence Southerly along the Centre
of such Road to the first-mentioned Point.

WILLENHALL.

Provisional Order for the Application of the Public Health Act to

the Township of WiUenhaUy in the County of Stafford.

General Board of Health.
Whereas, it having been ascertained from the last Return for
the Time being, made up by the Registrar General of Birdis,

Deaths,

A.D.18S4. 17« & 18'' VICTOBI-aX 0.63. 201

Deathfly and Marriagea, from the Deaths registered in a Period
of not lees than Seven Years, that the Number of Deaths annually
^mtbin the Boundaries of the Township of WillenhaU, in the
Coantj of Stafford, haa on an. Average exceeded during that
Period the I'toportion of Twenty-three to a Thousand of the
Population of such Township, the General Board of Health
appointed for the Purposes of the Public Health Act, 1848, have,
in pursuance of the Provisions of that Act, directed Robert Raw-
linson, a Superintending Inspector, appointed for the Purposes of
the said Act, to visit the said Township, and to make public
Inquiry and to examine Witnesses as to the Sewerage, Drainage,
and Supply of Water, the State of the Burial Grounds the NumW
and sanitary Condition of the Inhabitants, and as to any Local
Acta ci Parliament in force within the said Township for paving,
lighting, cleansing, watching, regulating, supplying with Water,
or improving the said Township^ or having relation to the Pur-
poses of the sidd Act ; also as to the naturtd Drainage Areas, and
the existing municipid, parochial, or other local Boundaries, and
the Boundwies which might be most advantageously adopted for
the Purposes of the said Act

And whereas the said Superintending Inspector, having pre-
viously given the Notices directed by the said Act^ proceeded
upon the said Inquiry in the Manner directed by the said Act,
and Iiath reported in Writing to the said General Board upon the
several Matters with respect to which he was directed to inquire,
and apon certain other Matters in respect of which he deemed it
expedient to report for the Purposes of that Act.

And whereas Copies of the said Report, accompanied by a
Notice, stating that written Statements might be forwarded to the
said Board, with respect to any Matter contained in or omitted
from the said Report, or any Amendment proposed to be made
therein, have been duly published and deposited as directed by the
said Public Health Act^ and the Time for forwarding such State-
ments has now elapsed ; and the Statement which has been
received by the said Board has been duly deposited as required
by that Act

And whereas it appears to the said General Board to be expe-
dient that the said Public Health Act except as herein-after
mentioned, should be applied to the said Township, and within the
same Boundaries as those within and with respect to which the
said Inquiry has been made, but the same cannot be done without
the Authority of Parliament

Now therefore, in pursuance of the Powers vested in the said
General Board of Health by the Public Heallh Act, 1848, we,
the said General Board of Health, do by this Provisional Order,
under our Hands and Seal of Office, order and direct, that from
and after the Day appointed for the First Election of the Local
Board of Health by any Act of Parliament confirming this present
Order,

1. The Public Health Act, 1848, and every Part thereof,
except the Section numbered 50, in the Copies of that Act
printed by Her Mi^csty's Printers, shall apply to the entire
Area comprised. within the Boundaries of the said Town-
ship

202 0.63. 17° & 18° VICTORIA A.D.1854.

ship of Willenhall* and that the said Township shall be a
District for the Purposes of the said Public Health Act
accordingly.

2. The Local Board of Health to be elected for the said Town-

ship shall consist of Twelve Persons, all of whom shall be
elected for the whole of the said District

3. One Third in Number of the said Local Board shall go out

of Office on the dlst Day of March in each Tear subse-
quently to that in which the said First Election takes
pUce.

4. Every Person shall at the Time of his Election as Member

of the said Local Board, and so long as he shall continue
in Office by virtue of such Electioui be resident as in the
said Public Health Act, 1848, is required, and be pos-
sessed of Beal or Personal Estate, or both, to the Value of
not less than Five hundred Pounds, or shall be so resident
and rated to the Belief of the Poor of some Parish, Town-
ship, or Place of which some Part is within the said Dis-
tricl^ upon an annual Value of not less than Twen^
Pounds.

5. At the First Election of the said Local Board, James Til-

desley, of WiUenhall Aforesaid, shall have the Powers luid
perform the Duties vested in or imposed upon the Chair-
man of the Local Board of Health by the Public Health
Act, 1848, in relation to any Election by Owners of Pro-
perty and Ratepayers, and shall perform all other Duties
which it may be requisite for him to perform in conducting
the said First Election ; and in case the said James Til-
desley, from Illness or other sufficient Cause, shall be
unable to exercise or dischai^e such Powers or Duties, or
shall be absent, or shall refuse to act, then Ralph D. Grough,
also of WiUenhall aforesaid, shall exercise and perform
such of the said Powers and Duties as then remain to be
exercised or performed.

6. The Fourteen Days Notice of Qualification required by the

Public Health Act, 1848, to be given by Owners of Pro-
perty in order to entitle them to vote at the said First
Election shall be given to the said James Tildesley, at his
Residence, Summerford Place, in the District of WiUenhall
aforesaid, or in case he shaU refuse or be unable to receive
the same, then to the said Ralph D. Gough, at his Residence
in the same District.

Given under our Hands, and under the Seal of the
General Board of Health, this Thirteenth Day of
June, in the Year of our Lord One thousand eight
hundred and fifty-four.

(Signed) Shaftksbubt.
(l.s.) Edwin Chadwick.

T. SouTHWOOD Smith.

OVER

A.D.1854. 17* & 18* VICTORLa!;. C.63. 203

OVEB DARWEN.

JProvisional Order for the Amlieaiion of the Public Health Act
to the Townsh^ cf Over Darwen^ in the County PaUuine of
LdMmeaster.

General Boakd of Health*

Whereas it having been ascertained from the last Return for
the Time being, made up by the Registrar General of Births,
Deaths, and Marriages, from the Deaths registered in a Period of
not less than Seven Tears, that the Number of Deaths annually
within the Boandaries of the Township of Over Darwen, in the
Coonfj Palatine of Lancaster, has on an average exceeded during
that Period the Proportion of Twenty-three to a Thousand of the
Population of such Township, the General Board of Health, ap-
pointed for the Purposes of the Public Health Act, ] 848, have,
in pursuance of the Provisions of that Act, directed William Lee,
a Superintending Inspector, appointed for the Purposes of the
said Act, to visit the said Township, and to make public Liquiry
and to examine Witnesses as to the Sewerage, Drainage, and
Supply of Water, the State of the Burial Grounds, the Number
and sanitary Condition of the Inhabitants, and as to any Local
Acts of Parliament in force within the said Township for paving,
lighting, cleansing, watching, regulating, supplying with Water,
or improving the said Township, or having relation to the Pur-
poses of the said Act ; also as to the naturid Drainage Areas, and
the existing municipal, parochial, or other local Boundaries, and
the Boandaries which might be most advantageously adopted for
the Porpoees of the said Act.

And whereas the said Superintending Inspector, having pre-
viously given the Notices directed by the said Act, proceeded
upon the said Inquiry in the Manner directed by the said Act,
and hath reported in Writing to the said General Board upon the
several Matters with respect to which he was directed to inquire,
and upon certain other Matters in respect of which he deemed it
expedient to report for the Purposes of that Act.

And whereas Copies of the said Report, accompanied by a
Notice, stating that written Statements might be forwarded to
the said Boar^ with respect to any Matter contained in or omitted
from the said Report, or any Amendment proposed to be made
therein, have been duly published and deposited as directed by
the said Public Health Act, and the Time for forwarding such
Statements has now elapsed ; and such Statement as has been
received by the said Board has been duly deposited as required
by that Act.

And whereas it appears to the said Greneral Board to be expe-
dient that the said Public Health Act, except as herein-after
mentioned, should be applied to the said Township, and within
the same Boundaries as those within and with respect to which
the said Inquiry has been made, but the same cannot be done
without the Authority of Parliament

And whereas it appears upon such Report that there is a
certain Local Act of Parliament in force within the said Town-
ship

204 C.53. 17' & 18« VICTORIiE. A.D.1854.

ship of Over Darwen, having relation to the Purposes of the said
Public Health Act, that is to say : —

An Act passed in the 10th and 11th Years of the Reign of
Her present M^jestj, intituled ^'An Act for better supplying
" with Water the Town and Neighbourhood of Over Darwen, in
" the County of Lancaster, and for affording a more regular
<* and constant Supply of Water to the Mill Owners and others
*' on the River Darwen."

Now therefore, in pursuance of the Powers vested in the said
General Board of Health by the Public Health Ac^ 1848, we,
the said General Board of Health, do by this Provisional Order,
under our Hands and Seal of Office, direct, that from and after
the Day appointed for the First Election of the Local Board of
Health by any Act of Parliament confirming this present Order,
1— The Public Health Act, 1848, and every Part thereof,
except the Section numbered 50 in the Copies of that Act
printed by Her Majesty's Printers, shall apply to the entire
Area comprised within the Boundaries of the said Town-
ship of Over Darwen, in the County Palatine of Lancaster,
and that the said Township shall be a District for the
Purposes of the said Public Health Act accordingly.
2.— The Local Board of Health, to be elected for the said
Township, shall consist of Twelve Persons, all of whom
shall be elected for the whole of the said District.
3. — ^One Third in Number of the said Local Board shall go out
of Office on the dist Day of March in each Year subse-
quently to that in which the said First Election takes
place.
4. — ^Every Person shall at the Time of his Election as Member
of the said Local Board, and so long as he shall continue
in Office by virtue of such Election, be resident as in the
said Public Health Act, 1848, is required, and be possessed
of Real or Personal Estate, or both, to the Value of not
less than Four hundred Pounds, or shall be so resident and
rated to the Relief of the Poor of some Parish, Township,
or Place, of which some Part is within the said District^
upon an annual Value of not less than Ten Pounds.
5. — ^At the First Election of the said Local Board, Charles
Potter, Esq., J. P., shall have the Powers and perform the
Duties vested in or imposed upon the Chairman of the
Local Board of Health by the Public Health Act, 1848, in
relation to any Election by Owners of Property and Rate-
payers, and shall perform all other Duties which it may be
requisite for him to perform in conducting the said First
Election ; and in case the said Charles Potter, from Illness
or other sufficient Cause, shall be unable to exercise or
discharge such Powers or Duties, or shall be absent, or
shall refuse to act, then George Handel Opcnshaw, Esq.,
shall exercise and perform such of the said Powers and
' Duties as then remain to be exercised or performed.
6. — The Fourteen Days Notice of Qualification required by
the Public Health Act, 1848, to be given hy Owners of
Property in order to entitle them to vote at the said First

Election

A.Da854. 1 7 «> & 18 • VICTORI-«L C. 63, 64. 205

Election shall be given to the said Charles Potter, at his
Residence within the District of Over Darwen aforesaid,
or in case he shall refase or be unable to receive the same,
then to the said George Handel Openshaw, at his Residence
in the same District

Given under our Hands, and under the Seal of the
General Board of Health, this Eighth Day of June,
in the Tear of our Lord One thousand eight hun-
dred and fifty-four.

(Signed) Edwin Chadwick.
(l-s.) T. Southwood Smith.

CAP. LIV.
An Act to guarantee the Liquidation or a Loan or Loans
for the Service of the Colony o( Jamaica.

[3l8t Jyly 1854.]

* Vl/^HEREAS by an Act of the Governor, Council, and As-

* ^^ sembly of the Island oi Jamaica^ passed in the Seven-
' teenth Year of Her Majesty, intituled An Act for M« better

* Government ofthig Island, and for raising a Revenue in support

* thereof it was enacted, that so long as the Sum of Thirty thou-

* sand Poonds, therein-after directed to be annually raised and

* paid for the Term of Thirty Years, and to be appropriated to
' the Liquidation of tiie Public Debt and Interest, or any Part

* thereof, and a Sum of Twenty-five thousand Pounds, should bo

* payable under the Provisions of that Act, there should be raised,
' levied, and paid to Her Majesty, Her Heirs and Successors, for

* the Use and Benefit of the Grovernment of the said Island, upon
' all live and dead Stock, Goods, Wares, and Merchandise im-
' ported into the said Island, except as therein mentioned, the
' several Duties enumerated in the Schedule to the said Act

* annexed marked (C), and that there should be payable out of

* the Revenue Fond to be raised under the said Act, and by

* an Act of the Legislature of the said Island of the Eighth

* Fartmo, Chapter Sixteen, to Her Majesty, Her Heirs and
' Sacoessors, for the Use of the Grovemment of that Island,

* yearly and every Year during the Term of Thirty Years next

* after the Proclamation of the Act now in recital, the Sum of
' Thirty thousand Pounds, for the Purpose of paying the annual

* Interest of, at a Rate not exceeding Four per Cent,, and for

* provi^ng a Sinking Fund for the Liquidation of, such Portion
' of the Pablic Debt of the said Island of Jamaica as should be

* gnannteed by the British Government, as therein-after pro-
' vided; and it was thereby provided, that no Portion of the said

* annual Sum of Thirty thousand Pounds should be paid unless
' an Act should have passed the Imperial Parliament of (xreat
' Britain^ pledging the Guarantee of the United Kingdom for

* the Liquidation of the siud Public Debt to the Extent of Five
' hundred thousand Pounds, with Interest not exceeding the Rate
' aforesaid, and that the Act now in recital should not come into
*' operation until an Act should have passed the said Imperial

* Parliament pledging the Guarantee of the United Kingdom as

* aforesaid:

206

C.54.

17» & 18* VICTOELffl.

A.D.1854.

Soiiu borrowed
ander recited
Jamaica Acta
not exoeediDg
500,000/., and
Interest,
guaranteed.

' aforesaid : And whereas by another Act of the Goremor, Coan-

* cily and Assembly of the said Island of JamaicOj passed in the

* Seventeenth Year of Her Majesty, intituled An Act for raismg

* a Loan of Five hundred thousand Poundty to be appUed to ike

* Redemption of the Public Debt of this Island^ it was enacted,

* that such Persons as should be appointed in that Behalf by Her

* Majesty, Her Heirs and Successors, should be Agents in Eng-

* land under that Act for the Purpose of raising and managing

* the Monies therein-after proposed to be raised, and that the

* Agents for the Time being under that Act should have full

* Power and Authority to borrow and raise, in Great Britain^ by

* Bond, Debenture, or otherwise, such Sums, not exceeding in the

* whole the Sum of Five hundred thousand Pounds Sterling, as

* the Lord High Treasurer, or the Lords Commissioners of Her

* Majesty's Treasury, or any Three of them, might determine ;

* and all Bonds and Debentures to be granted by such Agents
' under that Act should be in such Form as such Agents, or any

* Two of them, should deem fit and proper, and should be trans-
^ ferable and negotiable, and should be made redeemable c»i the

* First Day of June One thousand eight hundred and eighty-fiye ;

* and every such Bond should be drawn for a Sum not leas than
^ Three hundred Pounds Sterling, and should bear Interest at the
' yearly Bate of Four Pounds in the Hundred, which Literest

* should by such Bond or Debenture be made payable half-yearly
^ at some Place in London to be named for that Purpose in sach
^ Bond or Debenture ; and that all such Sums of Money as should
^ be borrowed and raised under that Act, and all Interest for the

* same, at the yearly Rate of Four Pounds in the Hundred, to be

< computed from the several Times of borrowing or raising the

* same, should be secured by and out of and should be a Charge

* on the Revenue to be raised for that Purpose under the Pro-
^ visions of the Act firstly herein recited, and should be a further

* Charge on the General Revenues of the Island, and should be
^ redeemed by a Sinking Fund, and the Interest thereon be paid
^ and secured to be paid in manner by such Act in this respect
' provided ; and it was by the Act now in recital further enacted,

* that all Monies to be raised under that Act should be applied to

* the Redemption of so much of the Public Debt of the said Island
^ as is particularly specified in the Schedule F. to the firstly herein

* recited Act annexed: And whereas it is expedient to guarantee,
' as herein-after mentioned, the Liquidation of the Sums to be
' borrowed under the said Acts of the Governor, Council, and

* Assembly of the Island of Jamaica^ with the Interest thereon

< not exceeding the Rate in the said Acts mentioned :' Be it there-
fore enacted by the Queen's most Excellent Mtgesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, as follows :

L The Liquidation of all such Sums, not exceeding in the
whole the Sum of Five hundred thousand Pounds, as shall be
borrowed and raised in Great Britain under the said Acts of the
Governor, Council, and Assembly of the Island o£ Jamaica, with
the Approbation of the Commissioners of Her Miyesty's Treasury,
together with the Interest thereon, not exceeding the yearly

Rate

A.BA854. 17^ & 18« VICT0RL2E. 0.64. 207

Rate of Four Founds in the Hundred, shall be guaranteed under
this Act ; and for giving Effect to such Guarantee it shall be
lawful for the Commissioners of Her Majesty's Treasury to direct
and cause to be issued and paid out of the growing F^x)duce of
the Consolidated Fund of the said United Kingdom such Sums as
shall be required to make good any Deficiency which shall happen
in the regular Fayment on the Fart of the Island of Jamaica of
the Inta«8t accruing due upon such Sums as shall be borrowed as
aforesaid, or in the Liquidation of the Frincipal Sums, when the
same shall become payi&le.

n. All the Sums which shall be so issued and paid out of the Adyancas out
Consolidated Fond of the said United Kingdom in respect of the of Consolidated
Interest of the Sums borrowed as aforesaid, or the Liquidation ^^J^ ^
of the IVincipal Sums, with Interest upon the Sums so issued ^^^^
after the yearly Bate of Five Founds in the One hundred Founds, Jamaica,
to be computed from the several Times of issuing the same,
shall be charged upon the Bevenues of the Island of Jamaica.

in. No Act passed by the Legislature of Jamaica repealing No Act of
or redncing the Duties enumerated in Schedule C. to the firstly Jamaica Tsry-
heiein-before recited Act of the Legislature of Jamaica^ or for ^^^^^
Tarying the Appropriation under the said Act of the said Duties^ Bey^ies^f
or of the Revenues raised by the Act of the Eighth Year of Vic" Jamaica to be
tonOi Chi4>ter Sixteen, in £he said Act mentioned, or for other- valid until con-
wise altering or affecting the Frovision for the Fayment of the finned by Her
said Sum of Thirty thousand Founds, shall be valid unless such ^^^^^^
Act contain a Clause suspending the Operation of the same
until Her Majesty's Fleasure shall have been taken thereon, and
the Bame shall have been confirmed by Her Majesty with the
Advice of Her Frivy Council, and a Froclamation of such Con-
firmation having been given shall have been made by the
Grovemor or Ferson administering the Government of the said
Island.

rV. The Commissioners of Her Majesty's Treasury shall from Certificate of
Time to Time certify to One of Her Majesty's Frincipal Secre- Amount paid
tariea of State the Amount so paid from Time to Time on 5^* °^^®^^*
account of the Interest or Frincipal of the Sums borrowed as ^*^f^*^
afoiesaid; and such Certificate shall be communicated to the Jamaica.
Governor or Ferson administering the Grovemment of the Island
of JajnoMo, and shall be by him communicated to the Council
and Assembly of the said Island ; and such Certificate shall be
Gooclnsive Evidence of the Amount so paid out of the Consoli-
dated Fund of the said United Kingdom, and of the Time when
the same was paid on account .of the Interest or Frincipal of the
Sums so borrowed.

y. The Commissioners of Her Majesty's Treasury shall cause Accounts to be
to be prepared, and shall lay before both Houses of Farliament^ laid before
within Fourteen Days next after the Beginning of everv Session, I^arliament.
an Account of all Sums from Time to Time issued out of the Con-
sdidated Fund of the said United Kingdom by virtue of this Act
towards making good any such Deficiency as aforesaid, and also an
Account of all Sums repaid by or recovered from the Island of
JawudeOf by reason of such Advance, with the Interest paid or
recovered thereon.

CAR

C.55.

17* & 18** VICTOBIiE.

A.D. 1854.

Bills of Sale to
be Yoid, unless
the same or a
Copy thereof
be filed within
21 Days, in
like Maimer as
Warrants of
Attorney.

8 Sc 4 Vict
c. 105. s. 12.

CAR LV.

An Act for the Begistration of^BilLi of Sale in Ireland.

[3l8t Juljf 1854.]

* VITHEREAS Frauds are frequently committed upon CrG«

* ▼ ▼ ditors by secret Bills of Sale of Personal CbattelBy

* whereby Persons are enabled to keep up the Appearance of
^ being in good Circumstances and possessed of Property, and
< the Grautees or Holders of such Bills of Sale have the Power

* of taking possession of the Property of such Persons, to the
^ Exclusion of the rest of their Creditors :' For Remedy whereof
be it therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

L Every Bill of Sale of Personal Chattels made after the
passing of this Act, either absolutely or conditionally, or subject
or not subject to any Trusts, and whereby the Grantee or Holder
shall have Power, either with or without Notice, and either
immediately after the making of such Bill of Sale or at any-
future Time, to seize or take possession of any Property and
Effects comprised in or made subject to such Bill of Sale, and
every Schedule or Inventory which shall be thereto annexed or
therein referred to, or ^ true Copy thereof and of every Attesta-
tion of the Execution thereof, shall, together with an Affidavit
of the Time of such Bill of Sale being made or given, and a De-
scription of the Residence and Occupation of the Person making
or giving the same, or, in case the same shall be made or given
by any Person under or in the Execution of any Process, then
a Description of the Residence and Occupation of the Person
against whom such Process shall have issued, and of evexr attest-
ing Witness to such Bill of Sale, be filed with the Master of
the Court of Queen's Bench in Ireland within Twenty-one Days
after the making or giving of such Bill of Sale (in like Manner
as a Warrant of Attorney to confess Judgment in any Personal
Action is now by Law required to be filed), otherwise such Bill of
Sale shall, as against all Assignees of the Estate and Effects of
the Person whose Goods or any of them are comprised in such
Bill of Sale, under the Laws relating to Bankruptcy or Insolvency,
or under any Assignment for the Benefit of the Creditors of such
Person, and as against all Sheriffs Officers and other Persons seizing
any Property or Effects comprised in such Bill of Sale in the
Execution of any Process of any Court of Law or Equity autho*
rising the Seizure of the Goods of the Person by whom or of
whose Goods such Bill of Sale shall have been made, and against
every Person on whose Behalf such Process shall have been
issued, be null and void to aU Intents and Purposes whatsoever, so
far as regards the Property in or Right to the Possession of any
Personal Chattels comprised in such Bill of Sale which at or after
the Time of such Bankruptcy, or of filing the Insolvent's Petition
in such Insolvency, or of the Execution by the Debtor of such
Assignment for the Benefit of his Creditors, or of executing such
Process, (as the Case may be,) and after the Expiration of the

said

A»D.1854. 17^ & 18^ VICTORIA. 0-55, 209

said Period of TVenty-one Dajs, shftll be in the Possession or
apparent Possession of the Person making such Bill of Sale, or of
anj Person against whom the Process shall have issued under or
in the Execution of which such Bill of Sale shall hare been made
or given, as the Case may be.

IL If such Bill of S^e shall be made or given subject to any Defeazance or
Defeasance or Condition or Declaration of Trust not contained in Condition of
tlie Body thereof, such Defeazance or Condition or Declaration l!J^^^ ^^
of Trust shall for the Purposes of this Act be taken as Part of ^ntt^ on the
such Bill of Sale, and shall be written on the same Paper or game Paper or
Parchment on which such Bill of Sale shall be written, before Fftrchment
the Time when tlie same or a Copy thereof respectively shall be
filed, otherwise such Bill of Sale shall bo null and void to all
Intents and Purposes as against the same Persons, and as regards
the same Property and Effects, as if such Bill of Sale or a Copy
thereof had not been filed according to the Provisions of this Act.

HL The said Master of the said Court of Queen's Bench shall Officer of Coitrt
cause every Bill of Sale, and every such Schedule and Inventory to keep a Book
as aforesaid, and every such Copy filed in his said Office under *?'"^°f ^T
the Provisions of this Act, to be numbered, and shall keep a Bjuof ^i^
Book or Books in his said Office in which he shall cause to be
fairly entered an alphabetical List of every such Bill of Sale,
containing therein the Name, Addition, and Description of the
Person making or giving the same, or in case the same shall be
made or given by any Person under or in the Execution of Process
as aforesaid, then the Name, Addition, and Description of the
Person against whom such Process shall have issued and also of
the Person to whom or in whose Favour the same shall have
been given, together with the Number and the Dates of the
Execution and filing of the same, and the Sum for which the
same has been given, and the Time or Times (if any) when the
same is thereby made payable, according to the Form contained in
the Schedule to this Act ; which said Book or Books, and every
Bill of S^, or Copy thereof, filed in the said Office, may be
searched and viewed by all Persons at all reasonable Times,
paying to the said Master for every Search against One Person
the Sum of Sixpence, and no more ; and in addition to the last-
mentioned Book the said Master of the said Court of Queen's
Bench shall keep another Book or Index, in which he shall cause
to be fairly inserted^ as and when such Bills of Sale are filed in
manner aforesaid, the Name, Addition, and Description of the
Person making or giving the same, or of the Person against
whom such Process shall have issued, as the Case may be, and
also of the Persons to whom or in whose Favour the same shall
have been given, but containing no further Particulars thereof,
which last-mentioned Book or Index all Persons shall be permitted
to search for themselves, paying to the said Master for such last-
mentioned Search the Sum of One Shilling.

IV. The said Master shall be entitled to receive, for his Trouble Officer entitled
in filing and entering every such Bill of Sale or a Copy thereof as to a Fee of One
aforesaid, the Sum of One Shilling, and no more ; and the said |S*^J?*^
Master shall cause all Fees received by him under this Act, and g^^
all Disbursements made thereout for necessary Expenses, to be
duly entered in One or more Books to be kept for that Purpose

17 h 18 Vict. P in

C.55.

17^ & IS** VICTORIA

A.D. 1854.

Bills of Sale to
be void, unleM
the same or a
Copy thereof
be filed within
21 JDays, in
like Manner as
Warrants of
Attorney.

8 Sc 4 Vict
c. 105. s. 12.

CAR LV.

An Act for the Begistration oMBUIb of Sale in Ireland.

[3l8t Jtt/y 1854.]

^ VlirHEREAS Frauds are frequently committed upon Cre«
' ^^ ditors by secret Bills of Sale of Personal Chattels,
^ whereby Persons are enabled to keep up the Appearance of

* being in good Circumstances and possessed of Property, and
' the Grantees or Holders of such Bills of Sale have the Power

* of taking possession of the Property of such Persons, to the
^ Exclusion of the rest of their Creditors :' For Remedy whereof
be it therefore enacted by the Queen's most Excellent Majesty, bj
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

L Every Bill of Sale of Personal Chattels made after the
passing of this Act, either absolutely or conditionally, or subject
or not subject to any Trusts, and whereby the Grantee or Holder
shall have Power, either with or without Notice, and either
immediately after the making of such Bill of Sale or at . any-
future Time, to seize or take possession of any Property and
Effects comprised in or made subject to such Bill of Sale, and
every Schedule or Inventory which shall be thereto annexed or
therein referred to, or a true Copy thereof and of every Attesta-
tion of the Execution thereof, shall, together with an Affidavit
of the Time of such Bill of Sale being made or given, and a De-
scription of the Residence and Occupation of the Person making
or giving the same, or, in case the same shall be made or given
by any Person under or in the Execution of any Process, then
a Description of the Residence and Occupation of the Person
against whom such Process shall have issued, and of every attest*
ing Witness to such Bill of Sale, be filed with the Master of
the Court of Queen's Bench in Ireland within Twenty-one Days
after the making or giving of such Bill of Sale (in like Manner
as a Warrant of Attorney to confess Judgment in any Personal
Action is now by Law required to be filed), otherwise such Bill of
Sale shall, as against all Assignees of the Estate and Effects of
the Person whose Groods or any of them are comprised in such
Bill of Sale, under the Laws relating to Bankruptcy or Insolvency,
or under any Assignment for the Benefit of the Creditors of such
Person, and as against all Sheriffs Officers and other Persons seizing
any Property or Effects comprised in such Bill of Sale in the
Execution of any Process of any Court of Law or Equity autho-
rizing the Seizure of the Goods of the Person by whom or of
whose Goods such Bill of Sale shall have been made, and against
every Person on whose Behalf such Process shall have been
issued, be null and void to aU Intents and Purposes whatsoever, so
far as regards the Property in or Right to the Possession of any
Personal Chattels comprised in such Bill of Sale which at or after
the Time of such Bankruptcy, or of filing the Insolvent's Petition
in such Insolvency, or of the Execution by the Debtor of such
Assignment for the Benefit of his Creditors, or of executing such
Process, (as the Case may be,) and after the Expiration of the

said

A.D.1854. 17^ & 18* VICTOKI^. C-55. 209

fiaid Period of TVenty-one Days, shall be in the Possession or
apparent Possession of the Person making such Bill of Sale, or of
any Person against whom the Process shall have issued under or
in the Execution of which such Bill of Sale shall have been made
or given, as the Case may be.

£L If such Bill of Sale shall be made or given subject to any Defeazance or
Defeasance or Condition or Declaration of Trust not contained in Condition of
the Body thereof, such Defeazance or Condition or Declaration ^'Z ^^ ^^
of Trust shall for the Purposes of this Act be taken as Part of written on the
such Bill of Sale, and shall be written on the same Paper or same Paper or
Parchment on which such Bill of Sale shall be written, before Parchment
the Time when the same or a Copy thereof respectively shall be
filed, otherwise such Bill of Sale shall bo null and void to all
Intents and Purposes as gainst the same Persons, and as regards
the same Property and Effects, as if such Bill of Sale or a Copy
thereof had not been filed according. to the Provisions of this Act.

HL The said Master of the said Court of Queen's Bench shall Officer of Coiu-t
eause every Bill of Sale, and every such Schedule and Inventory to keep a Book
as aforesaid, and every such Copy filed in his said Office under co'itoining Par-
the Provisions of this Act, to be numbered, and shall keep a BiUof sile!^
Book or Books in his said Ofiicc in which he shall cause to be
fairly entered an alphabetical List of every such Bill of Sale,
containing therein the Name, Addition, and Description of the
Person making or giving the same, or in case the same shall be
made or given by any Person under or in the Execution of Process
as aforesaid, then the Name, Addition, and Description of the
Person against whom such Process shall have issued and also of
the Person to whom or in whose Favour the same shall have
been given, together with the Number and the Dates of the
Execution and filing of the same, and the Sum for which the
same has been given, and the Time or Times (if any) when the
same is thereby made payable, according to the Form contained in
the Schedale to this Act ; which said Book or Books, and every
BUI of Sale, or Copy thereof, filed in the said Office, may be
searched and viewed by all Persons at all reasonable Times,
paying to the said Master for every Search against One Person
the Sam of Sixpence, and no more ; and in addition to the last-
mentioned Book the said Master of the said Court of Queen's
Bench shall keep another Book or Index, in which he shall cause
to be fairly inserted, as and when such Bills of Sale are filed in
manner aforesaid, the Name, Addition, and Description of the
Person making or giving the same, or of the Person against
whom such Process shall have issued, as the Case may be, and
also of the Persons to whom or in whose Favour the same shaU
have been given, but containing no further Particulars thereof,
which last-mentioned Book or Index all Persons shall be permitted
to search for themselves, paying to the said Master for such last-
mentioned Search the Sum of One Shilling.

IV. The said Master shall bo entitled to receive, for his Trouble Officer enfitled
in filing and entering every such Bill of Sale or a Copy thereof as to a Fee of One
aforesaid, the Sum of One Shilling, and no more ; and the said SJ^^^^j^'^
Master shall cause all Fees received by him under this Act, and g^^^ °
all Disbursements made thereout for necessary Expenses, to be
duly entered in One or more Books to be kept for that Purpose

17 & 18 Vict. P in

210 C.55. l?** & 18** VICTORIA A.D.1854.

in his Office, and also the Particulars and Amoant of everj Bis-
bursementy and shall, within One Month after the Tliirtj^first
Dayof December in each Year, render a true and faithful Account
in Writing to the Commissioners of Her Majesty's Treasury of all
such Fees and Disbursements m such Form of Account, and with
such Particulars of Receipt or otherwise, and accompanied with
such Vouchers, as the said Commissioners shall from Time to
Time think proper to require and direct ; and if upon Examina-
tion of any such Account it shall appear to the'said Commissioners
that any Fees have not been duly accounted for, or that any
unreasonable or improper Charge or Deduction has been made in
such Account, the said Commissioners may finally settle and
adjust the same as they may think reasonable, and the said Master
shall alter and amend the Account accordingly; and the said
Master shall, when required so to do, submit his Books of Account
to the Inspection of the said Commissioners, or any Person whom
they may employ for that Purpose.
Office Copies or V. Any Person shall be entitled to have an Office Copy or an
^»*"cte n^y Extract of every Bill of Sale, or of the Copy thereof, filed as
be obtained. aforesaid, upon paying for the same at the like Rate as for Office

Copies of Judgments in the said Court of Queen Bench.
Satisftiction VI. It shall be lawful for any Judge of the said Court of

may be entered. Queen's Bench to order a Memorandum of Satisfaction to be
written upon any Bill of Sale or Copy thereof respectively as
aforesaid, and also in the said Books kept in the said Master's
Office as aforesaid, if it shall appear to him that the Debt (if any)
for which such Bill of Sale is given as Security shall have been
satisfied or discharged.
Interpretation yil. In construing this Act the following Words and Expres-
o erms. sions shall have the Meanings hereby assigned to them, unless

there be something in the Subject or Context repugnant to such
Constructions ; (that is to say,)

The Expression <<Bill of Sale" shall include Bills of Sale,
Assignments, Transfers, Declarations of Trust without
Transfer, and other Assurances of Personal Chattels, and
also Powers of Attorney, Authorities or Licences to take
possession of Personal Chattels as Security for any Debt» but
shall not include the following Documents ; that is to say.
Assignments for the Benefit of the Creditors of the Person
making or giving the same, Marriage Settlements, Transfers
or Assignments of any Ship or Vessel or any Share thereof.
Transfers of Goods in the ordinary Course of Business of
any Trade or Calling, Bills of Sale of Goods in Foreign Parts
or at Sea, Bills of Lading, India Warrants, Warehouse
Keepers Certificates, Warrants or Orders for the Delivery of
Goods, or any other Documents used in the ordinary Course
of Business as Proof of the Possession or Control of Goods,
or authorizing or purporting to authorize, either by Endorse-
ment or by Delivery, the Possessor of such Document to
transfer or receive Goods thereby represented :
The Expression "Personal Chattels" shall mean Goods, Furni-
ture, Fixtures, and other Articles capable of complete Transfer
by Delivery, and shall not include Chattel Interests in Real
Estate, nor Shares or Interests in the Stock, Funds, or Secu-
rities

A.D.1854.

17*^ & IS"* VICTORIA.

C.55,56.

211

riiieB of any GoTernment, or in the Capital or Property of
any inooqwrated or Joint Stock Company, nor Choses in
Action, nor any Stock or Prodace upon any Farm or Lands,
which by virtue of any Covenant or Agreement^ or of the
CuAtom q£ the Country, ought not to be removed from any
Fann where the same shall be at the Time of the making or
giving of such Bill of Sale :
Personid Chattels shall be deemed to be in the " apparent Pos-
ae88i4»i'' of the Person making or giving the Bill of Sale, so
long as Hiey shall remain or be in or upon any House, Mill,
Warehouse, Building, Works, Yard, Land, or other Premises
occupied by him, or as they shall be used and enjoyed by
him in any Place whatsoever, notwithstanding that formal
Possession thereof may have been taken by or given to any
other Person.

VnL This Act shall not extend to England or Scotland. Extent of Act

SCHEDULE.

1

55

Name, &e.

oftbePenoD

making or giving

the Bm of Sale,

or of the Person

diTcsted

oTftoperty.

Nanie,&c.

of the
Person to

whom
made or

given.

Whether BiU of

Sale, Assignment,

Transfer,

or what other

Assurance, and

whether absolute

or conditional.

o

«5

Is
It

I

I

CAP. LVI.

An Act to make further Provisions in relation to certain
Friendly Societies. [31 st July 1854.]

*• V)y HEREAS certain Friendly Societies were established and

* ^ ▼ enrolled under the Acts passed in the Tenth Year of His lo 0. 4. c 56.

* late Majesty King George the Fourth, Chapter Fifty-six, and 4 & 5 W. 4.

* the Fourth and Fifth Years of His late Majesty King William ^ ^•

* the Fourth, Chapter Forty, relating to Friendly Societies, or

* under One of them : And whereas the Scope and Operation of

* Friendly Societies since the passing of the said Acts haye been

* limited by Law in respect to the Amount for which Policies of
' Assurance payable on the Death of Members of such Societies

* may be granted ; but some of the said Societies, established as

* aforesaid and which grant or effect Policies of Assurance

p 2 * payable

212

C.50.

n^* & 18« VICTORI.E.

A.D.1854,

Act to apply
only to certain
SocUtiefti

Acts and Parts,
of Acts now
affecting such
Societies to
continue in
force, except as
after provided.

No Exemption
from Stamp
Duties.

Societies not to
assure in favour
of Nominees.

Societies
affected by this
Act may effect
the Objects
allowed by
their Rules, and
other legal
Assurances.

Provision for
the Investment
of the Funds of
Societies
affected by this
Act

* payable on Death, hare not been so limited, and such last-

* mentioned Societies have therefore been excluded the Benefit of

* certain Provisions and Privileges made for and granted to

* Friendly Societies in respect to Exemption from Stamp Duties
' and otherwise ; and it is desirable that there should be special

* Provisions mode with respect to such of the said Societies so
' excepted and excluded as aforesaid :' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the Authority of the
same, as follows :

L This Act shall relate to and incltfde such of the said Socie-
ties only as grant and effect Policies of Assurance payable at
Death exceeding the Sum of One thousand Pounds ; and from and
after the passing of this Act the said Societies shall cease to be
Friendly Societies, and shall not be affected by the Provisions of
any Act passed in the present or any future Session of Parliament
relating to Friendly Societies, unless therein expressly named.

IL The several Provisions contained in the Acts relating to
Friendly Societies which were wholly or in part in force on the
First Day of this present Session of Parliament with respect to
the Societies intended to be affected and provided for by this Act,
save and except the Thirty-seventh and Fifty-first Sections of the
Act of the Thirteenth and Fourteenth Years of Her Majesty,
Chapter One hundred and fifteen, shall, so far as they now affect
such Societies, remain and be in force and unrepealed with respect
to the said Societies, except as is herein-after provided.

III. No Exemption from any of the Duties granted by any Act
or Acts relating to Stamp Duties shall, from and after the passing
of this Act, extend or be construed to extend to any of the Socie-
ties intended to be affected and provided for by this Act ; and it
shall not be lawful for such Societies, after the passing of this Act,
to assure the Payment of any Money on the Death of any Member
or Person whomsoever to any Nominee of such Member or Person,
but only to the Person or Persons effecting and contracting for
any Assurance with the said Societies respectively, or to his, her,
or their Executors, Administrators, or Assigns.

IV. The Societies intended to be affected and provided for by
this Act may carry on, transact, and effect all the Business and
Purposes which have been from Time to Time and are duly sjpe-
cified in and allowed by the enrolled or certified Rules of the said
Societies respectively, and also may grant, make, or effect all such
Assurances on Lives, Survivorships, Contingencies, and Event*
dependent on or connected with Life or otherwise as may by Law
be made or effected, and may make such new Rules or Alterations
in Rules as shall not be repugnant to Law, without being required
to submit the same to the Registrar of Friendly Societies, and
shall not be required to transmit to such Registrar any Statement
or Return of Sickness or Mortality or of Assets or Liabilities.

V. The Trustees of the several Societies intended to be affected
and provided for by this Act may from Time to Time lay out and
invest the Funds of such Societies, as well in the Manner, and upon
the Stocks, Funds, and Securities, which are now authorized by
Law with regard to such Societies, as also in or upon Exchequer

Bonds

A.1).1854. IV & 18** VICTORIA. C. 56. .213

Bonds and Bills, and any Stocks, Funds, or Securities guaran-
teed by the GoYemment of Crreat Britain^ and Bonds of the City
of London, or on Mortgage, or in the Purchase of any reyersionary,
condngent, or other Estate or Interest in any Freehold, Lease*
hold, or Copyhold Property in Gnat Britain or Irelandy or of
any such Estate or Interest in any of the Stocks, Funds, or Secu-
rities herein-before mentioned and referred to respectively, or of
any such Estate or Interest in any Sum or Sums of Money secured
npon any such Real and Personal Estate as aforesaid, or upon the
Security of any Rates, Tolls, Duties, Assessments, Bonds, Stocks,
Debentures, or other Securities of any Persons, Body, or Com-
pany authorized by Act of Parliament, Charter, or otherwise to be
raised, IcTied, or mortgaged, and also upon Security of any Life
Policy or Policies, although the Amount of the Loan may exceed
the then present Value thereof, provided the Premiums on such
Policy or Policies and the Interest of the Loan be collaterally
secni^ by or upon some of the Securities herein-before men-
tiooed, and shall and may from Time to Time vary and transpose
the said Securities so purchased, and sell the same respectively.

\L AH Powers and Provisions of any Act or Acts of Parlia- Power for
ment for ordering and enforcing the Attendance of Witnesses Jadge or Court
before an Arbitrator under any Reference made a Rule of Court, ^^^J^ ^®f
and for punishing Disobedience to any such Order, shall apply to witnesses^ °
any Arbitratioa of any Difference or Dispute under or pursuant before Arbi-
to the Rules of any of the Societies intended to be affected and traton.
provided for by this Act, for which Purpose a Copy of the Reso-
lution of the Board of Directors, or Committee, or Board of Man-
agement of any such Society, authorizing such Reference, signed
by the Chairman or any Director or the Secretary of such Society,
may be made a Rule of any of Her Majesty's Courts at West"
minster.

VUL The Trustees for the Time being of any Society intended Power to pur-
to be affected and provided for by this Act may from Time to chaae and hold
Time, with the Consent of the Board of Directors, or Board or ^^^^ ^'^'
Committee of Management thereof, purchase, hire, or take upon society.
Lease, and adapt and furnish, any Buildings for the Purpose of
holding the Meetings and transacting the Business of such Society,
and shall hold the same in trust for the Use of such Society, and
may, with such Consent as aforesaid, mortgage, sell, exchange, or
let the eame or any Part thereof ; and the Receipt in Writing of
such Trustees shall be a valid and legal Discharge for the Money
arising from any such Mortgage, Sfde, Exchange, or Lease, and
for any other Moneys payable to them by virtue of this Act ; and
no Porchaser, Mortgagee, Lessee, Assignee, or other Person shall
be bound to ascertain or show whether any such Consent shall
have been ghren as aforesaid, or be answerable for the Misappli-
cation or Nonapplication of the Moneys in auy such Receipt
expreflsod to be received, or be bound to see to the Application
thereof : Provided idways, that any Building Which now belongs
to any such Society may be held and dealt with in the same Man-
■eras if it had been acquired under or by virtue of this Act.

Vm. It shall not be lawful for the Trustees of any Friendly Trostees of
Society coming under the Provisions of this Act to make any ^*°^y
Investment of the Funds of such Society either in a Savings societies not to

P 3 Bank,

214

C.56,57.

17° & W VICTORLE.

A.D.1854*

inyest Funds in Bank, or with the Commissioners for the Redaction of the Naiional
Sayings Banks, Debt : Provided always, that where the Funds or any Part thereof
of any such Friendly Society shall be invested in a Savings Bank
or with the said Commissioners, such Funds shall bo wiSidrawn
from such Savings Bank or from the said Commissioners by the
said Trustees within the Space of Twelve Months after the pass-
ing of this Act, if required by the said Commissioners.

DL In citing this Act in other Acts of Parliament^ and in l^al
Proceedings and Instruments, it shall be sufficient to use the
Expression ^ The Friendly Societies Discharge Act, 1854."

X. This Act shall extend to Great Britain and Ireland, and
the Islands of Ouemsey, Jersey^ and Man.

&c

Short Tide.

Extent of Act

CAP. LVII.

An Act to amend the Law relating to the Appointment of
Returning Officers in certain Cases. [31st July 1854.^

' VITHEREAS by an Act passed in the Session of Parliament

< ^^ holden in tiie Sixteenth and Seventeenth Years of the

< Beign of Her present Majesty, Chapter Sixty-eight, it is amongst
' other Things enacted, that the Writ for making any Election of
' a Member to serve in Parliament for any Borougl^ Town Cor*
^ porate, Port, or Place returning Members to serve in Parlia-

< ment in England and Wales sludl thereafter be directed to the

* Returning cJlfficer of such Borough, Town Corporate, Port, or

* Place respectively : And whereas by another Act passed in the
' Session of Parliament holden in the Sixth and Seventh Years

* of His late Majesty, Chapter One hundred and one^ it was

* amongst other Tilings enacted, that if at any Time during which
' any Precept ought to be issued or other Act done by or with
' regard to the Returning Officer for any City, Borough, or Town,
^ the Office of Returning Officer shall happen to be vacant, it

< shall be lawful for the Sheriff of the County in which such City,
' Borough, or Town is situate, by Writing under his Hand to
' appoint some fit Person as his Deputy to perform the Duties of
' Returning Officer during such Vacancy : And whereas Difficnl-
^ ties and Delay may arise in the Appointment of such sufficient

< Deputy, in the Case of a Vacancy in the Office of Returning

* Officer, by reason of the Writ being directed to such Returning

* Officer, and there being no Person qualified to receive and execute

< the same :' Be it enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

L Every Writ for making any Election of a Member to serve
in Parliament for any Borough, City, or Town shall be directed to
the Returning Officer of the said Borough or his Deputy, and in
whereUieOffice ^^^^ Absence to the Sheriff of the County in which the said
of Returning ^^^y> Borough, or Town is situate; and in all Cases whatever.
Officer shall be whenever there shall be, either from temporary Vacancy or from
vacant some other Cause, no Person duly qualified in any Borough, City,

or Town to perform the Duties of a Returning Officer for the samq,
the Sheriff of the County in which such Borough, City, or Town

is

Sheriff to be
Ketnming
Officer in

A.D.1854. IV & 18« VICTORUE. C.57, 68. 216

18 mtaate ahall be chargod with the Execution of the said Writ»
and shall execute the same and in all respects perfonn the Duties
of and incidental to the Office of Returning Officer : Provided
always^ that it shall not be lawful for the said Sheriff to receive
or execute the Writ» except when there shall be no Person within
the said Borough, City, or Town legally qualified and competent
as Returning Officer to execute the same.

CAP. LVIIL

An Act to continue certain Turnpike Acts in Oreai Britain^
and to make farther Provisions concerning Turnpike Roads
in England. [Slst Juhf 1854.]

* VITHEREAS it is expedient to continue for limited Times

* ▼ ▼ the Acts herein-after specified^ and to make further Pro*

* Tisiona concerning Turnpike Roads in England:'* Be it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons^
in this present Parliament assembledi and by the Authority of the
same, as follows :

I. Every Act now in force for regulating, making, amending. All Turnpike
or repairing any Turnpike Road in Great Britain which wHl Acts which will
expire on or before the End of the next Session of Parliament, fS^ ^ ^ ^
shall be continued until the First Day of October One thousand ofn^*^on
eight hundred and fifty-five, and to the End of the then next continued to
Session of Parliament, except an Act of the Fifty-fourth of King 1st Oct 1855,
George the Third, Chapter One hundred and eighty, '^ for repair^ &c.f ^ith
•* ing the Road from Potion in the County of Bedford, and Gam- c*'**^ ^*^P"
** Imgay in the County of Cambridge, to Eynesbury in the County of ^^°^
*^ Huntingdon,^ and an Act of the Third Year of King George the
Fourth, Chapter Sixty-four, " for amending and maintaining the
** Road from Whitchurch to TemhiU in the County of Salop,"" and
except as herein-after mentioned.

IL The Acts mentioned in the Schedule to this Act annexed Acts hi Sche-
ahaU continue in force until the First Day of November One dole to this Aet
thousand eight hundred and fifty-five> and no longer, unless Par* J^S^'^i^s
liament shall in the meantime continue the same respectively. ^^'

UL Where any Money arising from any Sinking Fund pro- Any Money
Tided under any Local Turnpike Act, or from the Sale of surplus applicable to
Land, or from Compensation payable by any Company, Corpora* S^^* ^ v^
tioo, or Person, or from any other Source, is or may be applicable ^^y bempiLd
to the Payment of the Principal Debts owing on the Security of in manner
the Tolls of any Turnpike Road, or of any particular Class of proyided by
such Debts, it shaU be lawful for the Trustees or Commissioners l* * is Vict
of such Road, if they think fit, from Time to Time (so often as ^ ®^- ^
the Money so applicable amounts to the Sum of Two hundred ^J^g TxaidB
Pounds, or to such other Sum as the said Trustees or Commis- under that Act
sioners, with the Consent in Writing of One of Her Majesty's
Principal Secretaries of State, may determine), to apply' the same
in or towards the Discharge of such Debts or Class of Debts^
in manner provided by the Act of the Session holden in the
Twelfth and Thirteenth Yeard of Her Majesty, Chapter Eighty-
seyen, with respect to the Application of Monies arising from the

P 4 Sums

216 C.58. !?• & 18° VICTORLffil. A.D.1864.

Sums set apart as therein mentioned, in or towards the Dischar^
of Monies borrowed, charged, or secured, after the passing of
that Act, and such Money may be so applied as aforesaid, not-
withstanding the Provisions of any Local or other Act for the
Payment of such Principal Debts rateably, or by Lot, or otherwise.
Power to £xe- lY. All Executors, Administrators, Guardians, Trustees, and
ctttors, &C. to i^ii Committees of the Estates of Idiots and Lunatics, who as such
consent ^^ f^j. ^y^q Time being entitled to any Money charged or secured

on the Tolls of any Turnpike Road, may offer to accept and may
accept under this Act such Composition in respect of such Money
or any Part thereof as they in their Discretion may deem expe-
dient, as if they respectively were so entitled in their own Rights
discharged of all Trusts in respect thereof and all Executors^ Ad-
ministrators, Guardians, Trustees, and Conmiittees so consenting
are hereby severally indemnified for so doing.
Tolls not to be . V. It shall not be lawful for the Trustees or Commissioners of
charged without any Turnpike Road to borrow any Money on the Credit of the
^^**®°* ^ Tolls of such Road, or to make any Mortgage, Charge, or Security
1^2^*"^ of or upon such Tolls, without the previous Consent in Writing of

One of Her Majesty's Principal Secretaries of State : Provided
always, that this Enactment shall not be applicable where Power
is given by any Local Act to borrow a limited Sum for a specific
Object on Security of such Tolls, nor shall it prevent the Execu-
tion of Mortgages which may be given in lieu of Mortgages lost
or cancelled or otherwise for securing or further securing Money
already charged on the Tolls of any Turnpike Road.
Short Titles VL In citing this Act in other Acts of Parliament and in legal

Instruments it shall be sufficient to use the Expression ^^'iDie
Annual Turnpike Acts Continuance Act, 1854.'*
Extent of Act YIL This Act shall not apply to /re/aitdL

SCHEDULE.

52 0. 3. c. xzi An Act for enlarging the Term and Powers of .an Act of Ejng
George the Second, and Two Acts of His present Migesty, for
repairing the Road from Hedon to Hull, and other Roads therein
mentioned, in the County of York.

520.3.c.lxxzi. An Act for repairing the Road from Chatham to Canterbury in
the County of Kent.

54 G. 3. c. ziv. An Act for enlarging the Term and Powers of an Act of His

present Majesty, for repairing the Road from Canterbury Lane
within the Liberty of the Town of Folkestone to a Place in the
Parish of Folkestone called Mudshole, and other Roads therein
mentioned, in the County of Kent
54G.3.clxxx. An Act for making and maintaining certain Roads from the
Town of Stroud and several other Places therein mentioned, all in
the County of Gloucester.

55 G. 3. An Act to continue the Term and alter and enlarge the Powers
c xxxviii. of Two Acts of His present Majesty, for amending the Road from

the Bottom of Galley Hill to the Cross in Clanfield in the County
of Oxford.
57 G. 3. c. xii An Act for making and maintaining a Turnpike Road from
and out of the Turnpike Road at the Bottom of Coalbrook-Dale
in tne Parish of Madeley, into the Turnpike Road leading from

Shiffnal

A.B.1854. 17^ & 18« VICTOBLffi. C.58. 217

Sbifihal to Shrewsbarj, at or near a Place called Watling Street
in the Pariah of Wellington, all in the County of Salop.

An Act for continuing and amending an Act of His present 58. 0. 3. e. vii
Majesty, for repairing the Roads near the Towns of Hockerton,
Kirklington, Southwell, Normanton, and Winkboume, with a
Branch friHa Kirklington to the Street*Grate Road and the Newark
and Southwell Turnpike Road at Greet Bridge in the County of
Nottingham.

An Act to continue the Term and enlarge the Powers of several 58 G.3.cbuuii.
Acts for repairing the Roads from Basingstoke through Popham
Jjuke, Sutton Scotney, and Stockbridge in the County of South-
ampton to a Place called Lobcomb Corner in the County of Wilts.

An Act to enlai^e the Term and Powers of an Act of His late i Q. 4. c xx.
M^esty, for making and maintaining; the Road from near Light-
pill Gate in the Parish of Rodborough to near Birdlip in the
Parishes of Brimpsfield and Cowley, or one of them, all in the
County of Gloucester.

An Act for more effectually improving the Road from Gates- i G. 4. c. zxx.
head in the Comity of Durham to the Church Lane near Ryton
Lane Head, and from the Bar Moor to the Hexham Turnpike
Road near Dilston Bar, in the County of Northumberland, and
other Roads therein described, and also for altering the Line of a
certain Part of the first above-mentioned Road.

An Act to continue the Term and alter and enlarge the Powers i G.4.cbuuLiL
of an Act of the Fortieth Year of His late Majesty's Reign, for
repairing the Road leading from the Turnpike Road in Witney to
the Road on Swerford Heath, and the Road leading from the Road
from Woodstock to Birmingham, through Charlbury, to the Road
from Chipping Norton to Burford, all in the County of Oxford.

An Act for repairing the Roads from Tetbury to Symondshall, l & 2 G. 4.
finona Frooester Hill to Dunkirk, and from the Latterwood to ^ Ixxxiil
Nailsworth, and other Roads therein mentioned, all in the County
of Gloucester.

An Act for repairing, widening, and maintaining several Roads i & 2 G. 4.
in the Counties of Dorset and Devon, leading to and through the c. cyiiL
Borough of Lyme Regis, and from the Turnpike Road on Uplyme
Hill to the Turnpike Road at the Three Ashes in the Parish of
Crewkeme in the County of Somerset

An Act for more effectually repairing, widening, amending, and s G. 4. c. UL
improving the Roads from Wigan to Preston in the County Pala-
tine of Lancaster.

An Act for continuing the Term, and altering, amending, and 3 G. 4. c. x.
enlarging the Powers of several Acts passed lor repairing tho
Roada from Chappel Bar, near the West End of the Town of
Nottingham, to Newhaven, and from the Four Lane Ends, near
Oaker&orpe, to Ashbourne, and from the Cross Post on Wlrks-
worth Moor, to join the Road leading from Chesterfield to Chapel-
en-le-Frith, at or near Longston, in the County of Derby, and from
Selstone to Annesley Wodehouse, in the County of Nottingham.

An Act for amending and improving the Roads leading from 3 G. 4. c. bu.
Ultup's Inn in the Parish of Horsley to or near Dudbridge in the
Pariah of Rodborough, and from the Bridge at Nailsworth to the
Crofls Post on Minchinhampton Common, and other Roads thereto
adjoining, and for making a new Piece of Road from the said

Bridge

218 0.58. I7*» & 18° VICTORIiEb A.D.1864.

Bridge to the Cross in the Parish of Avemngf all in the Coonty
of Gloucester.

3 G. 4. c. Ixiii. An Act to enlarge the Term and Powers of several Acts, for
repairing and widening the Bead from the Market House in Tet-
bury to the Turnpike Road on Minchinhampton Common, and
several other Beads therein mentioned, all in the Countj of
Gloucester, so far as the same Acts relate to the Second District
of Roads therein mentioned.

3 G. 4. c Ixvii An Act for enlarging the Term and Powers of several Acts
passed for repairing the Road from the Town of Guldeford to the
Directing Post near the Town of Famham in the County of
Surrey.

3 G. 4. c. xc. An Act for more effectually repairing the Road from the Guide

Post near the End of Drayton Lane near Banbury in the County
of Oxford to the House caUed the Sun Rising, at ibe Top of Edge
Hill in the County of Warwick.

3 G. 4. c xcTiii. An Act for making, widening, repairing, and maintaining cer«

tain Roads leading to and from the Town of Honiton in the County
of Devon.

4 G. 4. c. yilL An Act for repairing and amending the Road from the City of

Peterborough through Oundle and Thrapston to Wellingborough
in the County of Northampton, and several other Roads near or
adjoining thereto.
4 G. 4. c. ^li^ An Act for more effectually repairing and improving the York-
shire District of the Road from Keighley in the West Riding of
the County of York to Kirkby-in -Kendal in the County of West-
moreland, and for making several Diversions therefirom, within
the said West Riding of the County of York.

4 G. 4. clxxxT. An Act for more effectually repairing the Road from the Soath

End of Brown's Lane in the Parish of Great Staughton, in the
County of Huntingdon, to the Bedford Turnpike Road» in the
Parish of Lavendon, in ihe County of Buckingham.

5 G. 4. c xliy. An Act for making and maintaining a Turnpike Road from

Colne in the County of Lancaster, to communicate with the Road
leading from Clitheroe in the same County to Skipton in the
County of York.

5 G. 4. c. xlvi An Act for more effectually repairing the Road from the Trent
Bridge in the County of the Town of Nottingham to Cotes Bridge
in the County of Leicester.

5 G. 4. c. Ivi. An Act for repairing the Lower Road from Greenwich to Wool-

wich in the County of Kent.

5G.4.clx3aiL An Act for making and maintaining a Turnpike Road from
Roundhay Bridge to Collingham in the County of York.

5 G. 4. c xcvii. An Act for repairing, widening, improving, and maintaining in

repair the First District of Turnpike Roads leading to and from
the Town of Bridport in the County of Dorset.

6 G. 4. a CT. An Act for improving and more effectually repairing the Roads

from the Town of Bolton-in-the-Moors to Nightingales in the
Township of Heath Charnock, and for making a Branch Road
from Little Bolton to or near the Crown in Horwich ; and for
enabling the Trustees therein named, together with the Trustees
North and South of Yarrow, and the Trustees of the Road from
Westhoughton to Duxbury Stocks, to make a new Line of Etoad
from Hole House Brow in the said Township to the Town of

Chorlcy,

A.D.1854. W & IS** VICTORIA C.68. 219

Choriejt and a Branch Boad from Bawlinson Bridge to Halliwell
Field in the same Township, and another Branch Road in the
Townahip of Duxbnryy all in the County Palatine of Lancaster.

An Act for making and maintaining a Tumpll:e Boad from 6 6. 4. c. zziii
Cainacro68» through Stroud, over Bodborough and Mihchinhamp-
ton Commons, to the Town of Minchinhampton, with sevend
Branches therefrom, aU in the County of Gloucester.

An Act for making a Turnpike Boad from the Hope Turnpike 6 G. 4. c. xxvl
in the Leominster and Hereford Boad to or nearly Burlej Gate
in the Hereford and Bromyard Turnpike Boad, and from thence
to a Place called the Trumpet in the Ledbury and Hereford Turn-
pike Boad, all in the County of Hereford.

An Act for making and maintaining a Turnpike Boad from 60.4.c.lxxxiv.
T^barwith Sands, on the Sea Shore, to Condolden Bridge on the
Boad leading from Bosainey to Camelford, all in the County of
ComwalL

An Act for more effectually repairing and improving the Beads s G. 4.
from Sheet Bridge to Portsmouth, and from Petersfield to the c Ixxxtu.
Alton and Alreaford Turnpike Boad near Bopley in the County of
Southampton ; and for mi^ng and maintaining a new Branch of
Bond to communicate therewith.

An Act for repealing Two Acts for repairing the Beads from 6 G. 4. c. cxliv.
Little Sheffield in the County of York to Sparrow Pit Gate in the
Coonty of Derby ; and also an Act for making a Boad from
Banner Cross in the West Biding of the County of York to Fox
House in the County of Derby ; and for consolidating the Trusts
of eertain Bomda mentioned in the said Acts ; and for amending
and making certain other Beads to communicate therewith ; and
for other Purposes relating thereto.

An Act for making and maintaining a Turnpike Boad from the 6 G. 4. c clii.
Town of Kingston-upon-Hull, through the Town of Hessle, to
the East End of the Town of Ferriby, all in the County of the
Town of Kingston-upon-HulL

An Act for making and maintaining a Turnpike Boad from 7 G. 4. c. iz.
Cannock in the County of Stafford to Penkridge in the same
County.

An Act for amending and maintaining the Boad leading from 7 G. 4. c xTiii.
the Turnpike Boad on Farrard's Common in the Parish of Brad-
ford, through Holt and Melksham, to Homan's Stile in the Parish
of Lacock in the County of Wilts, and the Boad leading therefrom
to the Bath Turnpike Boad upon Kingsdown Hill in the same
County.

An Act for more effectually repairing and improving the Boad 7 G.4.c.lzxxii.
from West Houghton to near Halliwell Field, in the Township of
Heath Chamock in the County of Lancaster.

An Act for making and maintaining a Turnpike Boad from 7 G. 4. c. zciii.
Goroersal to Dewsbury in the West Biding of the County of York,
with Two Branch Beads therefrom.

An Act for repairing the Boad from Alford to Boston, and from 7 & 8 G. 4.
thence to Cowbridge in the Township of Frithville, in the County c. zrii.
of Lincoln.

An Act for more effectually repairing and improving the Boad 9 G. 4. c xvii.
from Wadhurst to the Turnpike Boad at Larobcrhurst Down,
both in the County of Sussex, and from the Turnpike Boad at
^ Pullcn's

220 C.58— 60. 17« & 18« VICTORIJE. A.D.1854.

PuUen's Hill to West Farleigh Street, both in the Coantj of
Kent.
9 G. 4. c. xix. An Act for making and maintaining a Turnpike Road from the
Bridport TuriQ)ike Road at Ailing ton, through Broad Windsor and
Drimpton in the County of Dorset, to the Crewkerne Turnpike
Road at or near Clapton Bridge, and also from Hewish Toll Gate
to the Crewkerne Turnpike Road at or near Roundham Corner
in the Parish of Crewkerne in the County of Somerset.

CAP, LIX,

An Act to allow Verdicts on Trials by Jury in Civil Causes
in Scotland to be returned although the Jury may not be
unanimous. [Slst July 1854.]

BE it enacted by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows : From and after the
passing of this Act, if upon the Trial by Jury of any Civil Cause
in the Court of Session in Scotland the Jury are unable to s^ree
upon a Verdict, and if, after having been kept in Deliberation for
If Jury unable * I*eriod of Six Hours, Nine of the said Jury shall agree, the
to agree, and if Verdict agreed to by such Nine may be returned as the Verdict
after Six Hours of the Jury, and shall be taken and shall have the same Force
Nine ofthe Jury and Edect as if found unanimously by the whole of the said Jury,
agree, the Ver- ^qj Statute to the contrary notwithstanding, and during the said
Niae to^be Period they may bo furnished with necessary Refreshment by
taken. Leave of the Judge.

CAP. LX.

An Act to amend an Act of the Twelfth and Thirteenth
Years of Her present Majesty for the more effectual
Prevention of Cruelty to Animals, [Slst July 1854."]

^ VJLI HEREAS by an Act passed in the Session of Parliament

* ^^ holden in the Fifth and Sixth Years of the Reign of His
5& 6 W. 4,0.69. ' late Majesty- King WiUiam the Fourth, intituled An Act to con--

^ soUdate and amend the several Laws relating to the cruel and

* improper Treatment of Animals, and the Mischiefs arising from

* the driving of Cattle^ and to make other Provisions in regard

* thereto^ every Person impounding any Horse, Ass, or other

* Cattle or Animal was required to supply such Cattle or Animal

* daily with good and sufficient Food and Nourishment whilst

* impounded ; and by the said Act every such Person who should

* so find, provide, and supply any such Horse, Ass, or other
' Cattle or Animal with such daily Food and Nourishment as
^ aforesaid should and might and they were thereby authorised to

* recover of and from the Owner or Owners of such Cattle or

* Animal not exceeding double the full Value of the Food and

* Nourishment so supplied t-o such Cattle or Animal, by proceeding

* before any One Justice of the Peace within whose Jurisdiction
< such Cattle or Animal should have been so impounded and

* supplied with Food as aforesaid, in like Manner as any Penalty

• or

A.D,1864. 17« & 18» VICTORIiE. 0.60. 221

* or Forfeiture, or any Damage or Injury might be recovered

* under and by virtue of any of the Powers or Authorities in
' the said Act contained, and which Value of the Food and
' Nourishment so to be supplied as aforesaid such Justice was

* thereby fully authorized and empowered to ascertain, determine,

* and enforce as aforesaid ; and every Person who should have so
^ supplied such Food and Nourishment as aforesaid should be at
' liberty, if he should so think fit, instead of proceeding for the

* Becovery of the Value thereof as last aforesaid, after the "Expi-

* ration of Seven clear Days from the Time of impounding the

* same, to sell any such Horse, Afis, or other Cattle or Animal

* openly at any public Market (after having given Three Days

* pubJie printed Notice thereof) for the most Money that could
' he got for the same, and to apply the Produce in discharge of
' the Value of such Food and Nourishment so supplied as afore-
' said and the Flxpenses of and attending such Sale, rendering

* the Overplus (if any) to the Owner of such Cattle or Animal ;

* and any such Persons as aforesaid neglecting or refusing to
' supply such Cattle or Animal with such Food as aforesaid were

* made liable to certain Penalties : And whereas by an Act passed
' in the Session of Parliament holden in the Twelfth and Thir-

* teenth Tears of Her present Majesty, intituled An Act for the 12 & 13 Vict

* mare effectual Prevention of Cruelty to AnimcUs, the said first- c 92.

* recited Act aJid a certain other Act extending the Provisions of
' the same to Ireland were repealed ; and by the said Act of the
' Twelfth and Thirteenth Tears of Her Majesty it was enacted,

* that every Person who should impound or confine, or cause to
' be impounded or confined, in any Pound or Receptacle of the

* like Nature, any Animal, should provide and supply during such

* Confinement a sufficient Quantity of fit and wholesome Food
' and Water to such Animal, and every such Person who should

* refuse or neglect to provide and supply such Animal with such
' Food and Water as aforesaid should, for every such Offence,
' forfeit and pay a Penalty of Twenty Shillings ; and Power is

* thereby given in case of Neglect for a certain Time to supply
' such Foml and Water for any Person to supply the same, and

* the reasonable Cost of such Food and Water is to be paid by

* the Owner of such Animal before such Animal is removed to

* the Person who shall supply the same, and the said Costs may

* be recovered in like Manner as therein provided for the Reco-

* very of Penalties under the said Act : And whereas it is doubtful

* whether the last-recited Act gives any Remedy to the Person
^ impounding for the Recovery of a Compensation for the Food

* and Water provided for any Animal, and no Power is given to
' sell the Animal, although full Provisions for those Purposes
' were contained in the said first-recited Act :* Be it therefore
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the Au-
thority of the same, as follows :

I. Every Person wlio since the passing of the said Act of the All Persons
Twelfth and Tliirteenth Tears of Her Majesty has impounded or 7^^ ^J^
confined, or hereafter shall impound or confine as in the said Act ^J^^^s, &c.
mentioned, any Animal, and has provided and supplied or shall g^j^^ passixig of

hereafter

222

C. 60,61.

17* & 18** VICTORIiE-

A-D.1854,

12 & 13 Vict
c 92.,

may reoover
Expenses.

Power to sell
Animals, &c.
after being im-
pounded Seven
Days.

Provision of
2 & 3 Vict
c. 47. as to the
using of Dogs
for Purposes of
Draught within
the Metropoli-
tan District ex-
tended to all
Parts of the
United King-
dom.

Interpretation
of Terms.

hereafter provide aod supply such Animal with Food and Water
as therein mentioned, shall and may and he is herehy authorized
to recover of and from the Owner or Owners of such Animal not
exceeding douhle the Value of the Food and Water bo already or
hereafter to be supplied to such Animal, in like Manner as is by
the said last-mentioned Act provided for the Recovery of Penaliios
under the same Act ; and every Person who has supplied or shall
hereafter supply such Food and Water shall be at liberty, if he
shall so think fit, instead of proceeding for the Recovery of the
Value thereof as last aforesaid, after the Expiration of Seven
clear Days from the Time of impounding the same to sell any
such Animal openly at any public Market (after having given
Three Days public printed Notice thereof) tor the most Money
that can be got for the same, and to apply the Produce in dis-
charge of the Value of such Food and Water so supplied as afore-
said and the Expenses of and attending such Sale, rendering the
Overplus (if any) to the Owner of such Animal.
IL ' And whereas by an Act passed in the Second and Third

* Years of Her present Majesty it was enacted, under a Penalty,
' that Dogs should not be used for the Purposes of Draught within
' the Metropolitan Police District, and it is desirable that sucb

* Enactment should be extended to all Parts of the United King-

* dom :' Be it enacted, That any Person who shall, from and after
the First Day of January One thousand eight hundred and fifty-
five, on any public Highway in any Part of the United Kingdom,
use any Dog for the Purpose of drawing or helping to draw any
Cart, Carriage, Truck, or Barrow, shall forfeit and pay a Penalty
not exceeding Forty Shillings for the First Ofience, and not
exceeding Five Pounds for the Second and every subsequent
Offence, such Penalties to be recovered in like Manner as is pro-
vided for the Recovery of Penalties under the Act of the Twdfth
and Thirteenth Years of Her said Majesty.

UL The Words and Expressions to wluch a Meaning is affixed
by the said Act of the Twelfth and Thirteenth Years of Her
Majesty, and which are introduced into this Act, shall have the
same Meaning in this Act, and the Word Animal shall in the said
Act and in this Act mean any domestic Animal, whether of the
Kind or Species particularly enumerated in Clause Twenty-nine
of the said Act, or of any other Kind or Species whatever, and
whether a Quadtiiped or not.

CAP. LXI.
An Act to authorize the Application of a Sum of Money
out of the forfeited and unclaimed Army Prize Fund in
enlarging and improving the Royal Military Asylum.

[3l8t July 1854.]

' Tl^HEREAS by the Act of the Second Year of His late

* ▼ ▼^ Majesty King William the Fourth, for consolidating and

* amending the Laws relating to the Payment of Army Prize

* Money, the Commissioners of the Royal Hospital at Chelsea

* were authorized from Time to Time to appropriate such Sums

* of Money, forming a Part of the Prize Money then already for-

* feited or unclaimed, or thereafter to become forfeited or un-

* claimed,

A.D.1854. 17° & 18« VICTORliE. C.61, 62, 223

* chdmed, as they might think expedient and proper, to the
' general Senrice and Expenses of the said Royal Hospital, or

* reladng thereto ; And whereas a Sam of Sixty^seven thousand

* eigbt hundred and eighty-four Pounds Thirteen Shillings and

* TW<^ience Three Founds ptfr Centum Consolidated Bank Annui-

* ties, arisen firom forfeited and unclaimed Shares of Army Prize

* Money, is now standing in the Books of the Governor and
' Company of the Bank of England^ to an Account intituled

* ** The Stock Account of the Paymaster Greneral and Secretary-

* ** at- War, as Trustees for the Army Prize Fund \^ And whereas
' the Royal Military Asylum at Chelsea for the Reception of the
' Children of Soldiers requires to be enlarged for the Reception
' of an additional Number of Children, and it is expedient that
' a Fart of the said Annuities should be applied in making such

* Enlai^gement and in improving the Buildings of the said Asy*

* lum :* Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spirituad and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same. That the Paymaster Part of forfeited
General and Secretary-at-War, or in case of the Vacancy of the ^^ unclaimed
Office of either of them then the other of them, shaU, by Sale of y^I^\
a suAdent Part of the said Sum of Sixty-seven thousand eight applied^m
hundred and eighty-four Pounds Thirteen Shillings and Two- enlarging and
pence Consolidated Bank Annuities, raise such Sum or Sums, not improving
exceeding in the whole the Sum of Ten thousand Pounds, as the Royal Military
Conunissioners of Her Majesty's Treasury shall by Warrant under -^J*"™-
their Handa direct, and pay or cause to be paid such Sum or

Sums to the Crovemor and Company of the Bank of England^ to
the Credit of Her Majesty's Paymaster General, and such Sum
or Sums shall be placed to such Account as the Commissioners
of Works and Buildings shall direct, and shall be applied by such
Commissioners in such Manner as they, with the Approbation of
the said Commissioners of Her Majesty's Treasury shall think fit,
in enlarging, altering, repairing, and improving Uie Buildings of
the Boyal Military Asylum.

CAP. LXII.

An Act to extend the Benefits of Two Acts of Her Majesty
relating to the Constitution, Transmission, and Extinction
of Heritable Securities in Scotland. [Slst July 1854,]

' \¥7HER£AS an Act was passed in the Session of Parliament
' ^^ holden in the Eighth and Ninth Years of the Reign of

* Her present Majesty, intituled ^n Act to facilitate the Transmit' 8 & 9 Vict

* sion and Extinction of Heritable Securities for Debt in Scotland ; c. 31.
' and another Act was passed in the Session of Parliament holden

* in the Tenth and Eleventh Years of the Reign of Her present

* Majesty, intituled An Act to facilitate the Constitution and 10 & li Vict.

* TVansmission of Heritable Securities for Debt in Scotland, and ®- ^^•

* to render the same more effectual for the Recovery of Debty by
' which last*recited Act it is made competent to insert in Bonds
' and Dispositions in Security certain short Clauses set forth in

* the Sch^nle to the said Act annexed, or any of them ; and it is

* expedient

224

C.62,63.

17° & 18^ VICTORUEL

AD.1854.

Provisions of
recited Acts to
apply to all
Heritable Secu-
rities, as -well as
to Bonds and
Dispositions in
Security.

Assignations,
&c may be re-
gistered for
Preservation.

Unregistered
Assignation to
be available to
HeirofGranted.

8 & 9 Vict
cd5.

Existing Forms
of Security still
to be competent

10 & 11 Vict
c90.

14 & 15 Vict

^ expedient to extend the Benefits of the said Acts, and to make
* further Provision with a view to the Objects thereof:* Be it
therefore enacted hy the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Tern*
poral, and Commons, in this present Parliament assembled, and by
the Authority of the same, as follows :

I. The whole Provisions and Enactments of the recited Acts
shall be taken to apply and shall apply 'to all Heritable Bonds, and
to all Deeds which, according to the existing Law and Practice,
require to be followed by Infeftment in order to constitute a Secu-
rity over Lands or the Rents or Profits thereof, as well as to
Bonds and Dispositions in Security in the Form in the Schedule
annexed to the said last-recited Act, unless in so far as such Pro-
visions or Enactments are inapplicable to the Form or Objects of
such Bonds or Deeds respectively.

II. It shall be competent to insert in Assignations, Writs of
Acknowledgment, and Notarial Instruments, made and granted in
Terms of .the recited Acts or either of them, a Clause for the
Registration thereof, in the Form of the Clause of Registration
contained in the Schedule annexed to the said last-recited Act ;
and such Clause shall be a sufiicient Warrant to the Keeper of
any competent Register of Deeds to receive and record the said
Writings therein for Preservation.

IIL Where any Assignation granted in Terms of the recited
Acts or either of them shall not have been or may not be regis-
tered in the Lifetime of the Grantee, such Assignation shall, not-
withstanding, be as full and sufiicient Warrant of Sasine in favour
of the Party having Right thereto by Service or otherwise as if it
had been a Disposition and Assignation including a Precept of
Sasine in the ordinary Form in use prior to the passing of the
recited Acts or either of them, and Infeftment being passed upon
the same in the Form or as nearly as may be in the Form pre-
scribed by an Act passed in the Session of Parliament holden in
the Eiglith and Ninth Years of the Reign of Her present Majesty,
intituled An Act to simplify the Form and diminish the Expense
of obtaining Infeftment in Heritable Property in Scotland, and
duly recorded, shall be to all Intents and Purposes good and valid
Infeftment in favour of the Party so infeft.

IV. Nothing herein contained shall prevent the granting or
expoding of Deeds affecting Heritable Subjects, or the Constitu-
tion, Transmission, or Extinction of Heritable Securities, in the
Forms competent and in use at the passing of this Act.

CAP. LXIIL

An Act to continue the Poor Law Commission for Ireland.

[31st JttZy 1854.]

YIJHEREAS by the Act of the Eleventh Year of Her
' ^ Majesty, Chapter Ninety, Provisions were made for the
Constitution and Appointment of Commissioners for administer-
ing the Laws for the Relief of the Poor in Ireland^ Secretaries,
Inspectors, and other Officers : And whereas by an Act of the
Fifteenth Year of Her Majesty, Chapter Sixty-eight, Provisions
were made for the Appointment of Two Persons, who, together

* with

A.Da854. 17* & 18'^ VICTORIA. C.63, 64. 225

* with the Conhnissioners appointed under the said first-recited
*• Act should be ^The Commissioners for administering the Laws

* *^ for the Belief of the Poor in Ireland:'* And whereas by an Act 15 & 16 Vict

* of the Sixteenth Year of Her Majesty, Chapter Thirty-seven, c 37.

* the ProvisioDS of the said first-recited Act were continued until

* the Twenty-third Day of July One thousand eight hundred and
*• fifty-four, and thenceforth to the End of the then next Session

* of Parliunent : And whereas the above-mentioned Provisions

* of the said first-recited Act will expire at the End of the Session

* of Ptriiament held next after the Twenty-third Day of July in

* the present Tear, and it is expedient that the Conunission for
« administering the Laws for the Relief of the Poor in Ireland^ as
^ constituted under said first and second recited Acts, should be
' oootinaed for a limited Time :' Be it therefore enacted by the
Queen's most Excellent Majesty^ by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the Authority of the

same. That the Commissioners appointed *by Her Majesty the Irish Poor Law
Queen, or to be appointed by Her Majesty, Her Heirs and Sue- Commission
cessors, under the Authority of the said recited Acts or either ^rth^.con-
of them, together with every Person by the said Acts or either of ^^^^^
them constituted by virtue of his Office, such Commissioner, and
every Secretary, Inspector, and other Officer and Person appointed
or to be appointed by the Commissioners, under the Provisions of
the said first-recited Act now in force, shall, unless he shall pre-
viously resign or foe removed, or otherwise cease to hold his Office,
be empowered to hold his Office and exercise the Powers thereof
under the said Acts or either of them until the Twenty-third Day
of Jmfy One thousand eight hundred and fifty-nine, and thence-
forth until the End of the then next Session of Parliament ; and
until the Expiration of the said Period it shall be lawful for Her
Majesty, Her Heirs and Successors, from Time to Time, at Plea-
sure, to remove the Commissioner or Commissioners for the Time
being appointed by Her Majesty, or to be appointed by Her
Majesty, Her Heirs and Successors, under the said recited Acts
or either of them, and upon every Vacancy in the Office of the
Commissioner or Commissioners so appointed or to be appointed
by Her Majesty, Her Heirs and Successors, either by Removal,
Death, Resignation, or otherwise, to appoint, as in the said recited
Acts or either of them is described, some other fit Person to the
said Office.

CAR LXIV-

An Act to amend an Act of the last Session for extending
the Public Libraries Act> 1850, to Ireland and Scotland.

[31st July 1854.]

' Vl^HEREAS it is expedient to amend the Act of the Six-
' ^^ teenth and Seventeenth Years of Her present Majesty,

* Chapter One hundred and one, so far as the same relates to

* Seokandy and to give greater Facilities for the Establishment
' there of Public Libraries and Museums :* Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the Advice

17 & 18 Vict. Q and

226

C.64.

17*^ & 18* VICTORIiE.

A.D.1854,

Interpretation
of Terms.

So mnch of
16 & 17 Vict
c. 101. as re-
lates to Scot-
land repealed.

Short TiUe.

Meeting to be
called ror con-
sidering the
Adoption of
this Act in any
Burgh or To'wn
or Fart thereof

Qaalificatkmcif
Voters.

and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament a886ml)led9 and by the Authority of the
same, as follows :

L In the Construction of this Act the following Words and
Expressions shall have the Meanings hereby assigned, if not
inconsistent with the Context or Subject Matter ; that is to say,
the Expression <^ Parliamentary Burgh'' shall mean a Burgh or
Town to which Magistrates and Councils were provided by the
Act of the Third and Fourth Years of King WUliam the Fourth,
Chapter Seventy-seven ; the Expression *^ Occupier of Premises"
shall mean a Male Occupier of a Dwelling House or other Heri-
table Subjects of the yearly Value of Ten Pounds or upwards,
not being a Lodger or a Party in the Occupation as Tenant of a
furnished House let for a less Period than One Year, but in such
Case shall mean the Party by whom such House is so let

IL So much of the said Act of the Sixteenth and Seventeenth
Years of Her present Majesty, Chapter One hundred and one, as
relates to ScoUand^ is hereby repealed, but such Repeal shall not
invalidate or affect anything alreiady done in pursuance of such
Act ; and all Public Libraries and Museums established in Scot-
land under that Act shall be considered as having been established
under this Act.

HL In citing this Act for any Purpose whatever, it shall be
sufficient to use the Expression ^^ThQ Public Libraries Act
{Seotlana)y 1864."

rV. Upon the Requisition in Writing of the Magistrates and
Council of any Royal Burgh, Parliamentary Burgh, Burgh of
Regality, or Burgh of Barony in Scotland, whose Population
according to the then last Census shall exceed Ten thousand Per-
sons, the Chief or Senior Magistrate of such Burgh, or, in the
Case of a Burgh not being a Royal or Parliamentary Burgh, the
Sheriff of the County in which such Burgh is situated, shall,
within Ten Days after the Receipt of such Requisition, convene a
Meeting of the Occupiers of Premises in such Burgh, or in such
Part thereof within which it may in such Requisition be proposed
to adopt this Act, for the Purpose of considering whether this Act
shall be adopted for such Burgh or such Part thereof, such Meet-
ing to be held in the Town Hall or other convenient Pkce on a
Day not less than Twenty-one Days or more than Thirty Days
after the Receipt of such Requisition, and Notice of the Time and
Place of such Meeting to be given by affixing the same upon the
Doors of the several Parish Churches within such Burgh Fourteen
Days preceding the Day of Meeting.

V . For the Purpose of deciding as to the Adoption of this Act,
all Occupiers of Premises in such Burgh or in such Part thereof
as aforesaid, as the Case may be, shall be entitled to vote^ and
Companies or Copartnerships occupying Houses or other Heritable
Subjects above the yearly Value of Ten Pounds, so as to afford
more than One Qualification of Ten Pounds, may grant Authority
in Writing to any One of the Partners of such Company or
Copartnership to vote, but such Company or Copartnership shall
not so authorize or have Right to Vote by more than One Partner
in respect of each Qualification of Ten Pounds afforded by such
Premises ; and any Dispute as to the Qualification or Identic of

any

A.D.1854. 17* & 18*^ VICTORLaS. C. 64. 227

an J Occapier of Premises shall be decided bj soch Senior Magis-
trate or SherifT, as the Case may be, whose Decision shall be final.

VL If at such Meeting it shall be determined by a Majority Act may be*
of Two Thirds of the Votes of the Occupiers of Premises present adopted at the
that the Provisions of this Act shall be adopted in such Burgh or Meeting, unless
in sach Part thereof respectively, then the same shall from thence- ^oiidenianded.
forth come into operation therein, unless a Poll shall be demanded
in Writing at such Meeting by any Five Persons present and
qnalified to vote, and in ^t Case the Meeting shall be jtd-
jonmcd to a future Day for the Purpose of declaring the Result
ofthePolL

Vli. When such Poll shall be demanded, such Magistrate or Poll to be open
Sheriff as aforesaid shall appoint the necessary Number of Clerks, for One Day,
and cause proper Poll Books to be prepared, and such Poll shall *"^ ^^^ ®^
he proceeded in within such Period as he shall determine, not ^^^J^ "J
exceeding Two Days from the Day of the holding of such decli^ *"
Meeting ; and the Poll shall be kept open for One Day at the
Places fixed by him, commencing at Nine of the Clock in the
Forenoon and ending at Four of the Clock in the Afternoon ; and
as soon after the Close of the Poll as may be the Poll Clerks shall
tranamit to such Magistrate or Sheriff the State of the respective
Polls, who shall sum up the same, and openly declare the Result
of dw total Poll at the adjourned Meeting.

VULL If it shall appear by the Result of such Poll that Two Majority of
Thirds of the Votes given have been given in favour of the T^o Thirds
Adoption of this Act, then the same shall from thenceforth come necessary for
into (^leratioa in such Burgh or such Part thereof as aforesaid ; ^f^^^*^
and in all Cases of the Adoption of this Act the same shall be put
into execution by the Magistrates and Council of the Burgh.

IX. For defraying the Expenses incurred in calling the Meeting Assessments
and in taking such Poll, whether this Act shall be adopted or ^^^^^^^^f
nol^ and the Expenses of carrying this Act into execution, the One Pemiy"ln^
Magistrates and Council of such Burgh shall yearly assess all the Pound for
Occupiers of Premises within the Burgh, or within such Part defraying
thereof where it may have been decided to adopt this Acfc, in the Expenses.
Sums necessary for defraying such Expenses, but in no Case to an

Amoont exce^ing One Penny in the Pound of the yearly Rent of
such Premises ; and such Assessments shall be made, levied, and
recovered by the Magistrates and Councils of such Burgh or
Town in such and the like Manner, from the same Descriptions
of Persona and Property, and with and under the like Powers,
Provisions, and Exceptions, as the general Assessments leviable
onder the Act of the Thirteenth and Fourteenth Years of Her
presMkt Majesty, Chapter Thirty-three, for Police and other Pur-
poses, are authorized to be made, levied, and recovered, and as if
such Magistrates and Council were Commissioners elected under
tiiai Act^ and the said Assessments were Part of the general
Assessments authorized to be thereby made.

X. The Magistrates and Council shall provide and keep Books Accounts of the
in which shall be entered true and regular Accounts of their Magis^ates and
Beceipta, Payments, and Liabilities wit£ reference to the Exe- J^JJJI^^to UiiT"
cation of this Act, to be called *' The Public Libraries Account," ^^^ ^ i^ ^p^n
and such Books sl^ at all reasonable Times be open to the In- to Inspection.
spection of every Person liable to be assessed by virtue of this

Q 2 Act,

228 C.64. 17« & IS** VICTORIA- A.D,1854.

Act, without Fee or Reward, who respectively maj take Copies
of or make Extracts from such Books, without paying for the
same ; and in case such Magistrate and Council, or any of them
respectively, or any of their respective Officers or Servants having
the Custody of such Books, shall not permit the same Accounts to
be inspected, or Copies of or Extracts from the same to be made
or taken, every Person so offending shall for every such Offence
forfeit any Sum not exceeding Five Pounds.
Boundariea of XI. The Boundaries of Parliamentary Burghs, Royal Burghs,
Burghs, &c Burghs of Regality and of Barony, shaU for the Purposes of this
Act be the same as the Boundaries declared for such Burghs by
and for the Purposes of the said Act of the Thirteen^ and
Fourteenth Years of Her present Majesty, Chapter Thirty-three-
Lands, &c. may XIL The Magistrates and Council of any Burgh may from
be appropriated. Time to Time appropriate for the Purposes of this Act any Land
r^i^for'tSe ®^ Buildings vested in them, and abo purchase, feu, or rent any
Purposes of Land, and may, upon any Land so appropriated, rented, feued,
this Act or purchased respectively, erect any Buildings suitable for Public

Libraries or Museums, or both, and may alter and extend any
Buildings for such Purposes, and repair and improve the same
respectively, and fit up, furnish, and supply the same respectively
with all requisite Furniture, Fittings, and Conveniences.
Certain Clauses XIIL All the Clauses and Provisions of the '^ Lands Clauses
of 8 & 9 Vict Consolidation Act {Scotland^ 1846," with respect to the Purchase
c 19. i^.^^o'T?: of Lands by Agreement, and with respect to the Purchase Money
rated with this ^^ Compensation coming to Parties having limited Interests, or
prevented from treating, or not making a Title, and also with
respect to Conveyances of Lands, so far as the same Clauses and
Provisions respectively are applicable to the Cases contemplated
by the last Section, shall be incorporated in this Act ; and the
Expression " the Special Act," used in the said Clauses and Pro-
visions, shall be construed to mean this Act ; and the Expression
" the Promoters of the Undertaking," used in the same Clauses
and Provisions, shall be construed to mean the Magistrates and
Council of the Burgh in question.
Lands, «tc XIV. The Magistrates and Council of any Burgh may sell any

may be sold Lands vested in them for the Purposes of this Act, or exchange
or exchanged, ^j^^ ^^j^q foj. ^^^y Lands better adapted for the Purposes ; and the
Monies to arise from such Sale, or to be received for Equality of
Exchange, or a sufficient Part thereof, shall be applied in or
towards the Purchase of other Lands better adapted for such
Purposes.
General XV. The general Management, Regulation, and Control of such

Management to Libraries and Museums shall be vested in and exercised by the
M ^^S^t**^ d ^'^^s*"^*®^ and Council of the Burgh, or such Conmiittee as they
CoracSs! respectively may from Time to Time appoint (the Members

whereof need not be Magistrates or Councillors), who may from
Time to Time purchase and provide the necessary Fuel, Lighting,
and other similar Matters, Books, Maps, and Specimens of Art
and Science, for the Use of the Library or Museum, and cause the
same to be bound or repaired when necessary, and appoint salaried
Officers and Servants, and dismiss the same, and make Rules and
Regulations for the Safety and Use of the Libraries and Museums,
and for the Admission of Visitors ; and the Lands so to be appro-
priated,

A.D.1854. !?•& 18^ VICTORIiE. C.64— 66. 229

piiatedy porcbased, or rented as aforesaid, and all ot;her Beal and i^perty of
Personal Property whatever presented to or purchased for any ^^^^\^'
Library or Museum established under this Act, shall be vested in them.^^ "^
such Magistrates and Councils.

XVL The Admission to all Libraries and Museums established AdmissioM to
under this Act shaU be open to thePubUc free of aU Charge. ^^ ^ ^

CAP. LXV.

An Act for further continuing certain temporary Provisions
concerning Ecclesiastical Jurisdiction in England.

[31st July 1854.]

* IIZHEREAS an Act was passed in the Session holden in
< ^ ^ the Tenth and Eleventh Years of the Reign of Her

' present Majesty intituled An Act to amend the Law as to i q ^ n y;^
' EeeltMuiMtical Juri$dictu>n in England, by which it was enacted, ^ gg^
*' thai certain of the Provisions therein contained should continue

* un^ the First Day of August One thousand eight hundred and
' forty-^ghty and, if Parliament were then sitting, until the End

* o£ the then Session of Parliament ; and such Provisions have

* been continued by sundry Acts until the First Day of August

* One thousand eight hundred and fifty-four, and to the End of
' the then next Session of Parliament : And whereas it is ex-
' pedient that the said Provisions should be further continued :'
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,

and by the Authority of the same, That the said Provisions of Certain Provi-
the siud Act shall continue until the First Day of August One rions of recited
thousand eight hundred and fifty-five» and to the End of the then Act farther
next Session of Parliament. continued.

CAP. LXVL

An Act to continue the Exemption of Inliabitants from
Liability to be rated as such in respect of Stock in Trade
or other Property to the Belief of the Poor.

[31st July 1854.]

' VI^HEREAS an Act was passed in the Fourth Tear of the

* ^^ Beign of Her present Majesty, intituled An Act to exempt . ^ ^ y-^

* mniil the Thirtg-Jirst Dag of December One thousand eight ^ 39,

* hundred andfortg^one Inhabitants of Parishes^ Toumshipsy and

* VUiageMfrom LiahiUtg to be rated as such in respect of Stoch in

* Trade or other Property to the Relief of the Poor ^ And whereas

* the said Act has been since continued by sundry Acts until the

* First Day of October in the Year One thousand eight hundred

* and fifty^fouTy and to the End of the then next Session of Par-

* liament ; and it is expedient that the said Act should be further

* continued :* Be it enacted by the Queen's most Excellent Ma-
jesty, by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament as-*
sembled, and by the Authority of the same, That the said Act Recited Act
shall oontinne in force until the First Day of October in the Year farther con-
one thoosand eight hundred and fifty-five. tinned.

Q 3 CAP.

230

C.67.

17" & IS** VICTORIiE.

A.D.1854.

Frincijpal Offi-
cers 01 Ord-
nance may
ayailthemselyes
of certain
Powers con-
tained in
8 & 9 Vict
c. 18. as to ez-
tingoishing
Bights of
Common, &c.

Power of
Vainer ap-
pointed under
InclosnreActto
cease on Pmv
chase of Com-
mon Bights by
Ordnance.

Purchase Talid
although Pro-
ceedings
— ndiag.

CAP. Lxvn.

An Act to facilitate the Purchase of Common, Commonable,
and other Bights by the PrincipalOfficers of Her Majesty's
Ordnance. [Slst July 1854.]

' Vl^HEREAS it is expedient that greater Facilities should be

* ▼ ▼ given to the Principal Officers of Her Majesty's Ordnance

* to purchase CommoD, Commonable, and other Bights :' Be it
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same :

I. It shaU be lawful for the Principal Officers for the Time
being of Her Majesty's Ordnance (if they shall think proper so to
do) to use and avail themselves of all the Powers and Provisions
contained in the Lands Clauses Consolidation Act, 1845, for the
Purpose of ascertaining, making, and paying Compensation for
and extinguishing all Bights of Common, Commonable, and other
Bights in, over, or affecting any Lands the Soil of which has at
any Time been or shall hereafter be purchased or taken by the
said Principal Officers, under the Act of the Fifth and Sixth Ftc-
toricLy Chapter Ninety-four, and for such Purpose the Principal
Officers for the Time being of Her MajeBt3r's Ordnance shall be
deemed and taken to be Promoters of an Undertaking within the
Meaning of the said Lands Clauses Consolidation Act, 1845, and
all the Powers and Provisions of the last-mentioned Act may, if
necessary, be treated as if they had been contained in the said Act
of the Fifth and Sixth Victoria, Chapter Ninety-four, for the
Purpose of being used or made available by the said Principal
Officers for the Time being : Provided always, that nothing
herein contained shall preju£ce or affect the Powers and Autho-
rities of the Principal Officers of Her Majesty's Ordnance for the
Time being under the last-mentioned Statute.

U. And in case the said Principal Officers of Her Majesty's
Board of Ordnance shall have purchased or shall hereafter pur-
chase any Land, and the Common, Commonable, and other Bights
in and over the same, and a Valuer shall have been appointed in
the Matter of any Inclosure Proceeding in respect of such Lands
under the Provisions of << The Acts for the Inclosure, Exchange,
and Improvement of Land," the Duties and Powers of such Valuer
in relation to the Land so purchased shall, upon Payment of the
Purchase Money for such Conunon, Commonable, and other
Bights over the same, cease and determine, and the Inclosure
Commissioners for England and Wales shall, by an Order under
their Seal, award such Amount of Compensation to such Valuer
as they shall deem just to be paid by the said Principal Officers,
and such Valuer shall be bound to accept the same as a full
Compensation for his Services in the Matter of the said Indosure,
so far as respects the Land, and Common, Commonable, and other
Bights so purchased.

III. Any Purchase of the Soil of any Lands, or of any Com-
mon, Commonable, or other Bights in or over the same, which
shall be made under the Provisions of any Act of Parliament,

shaU

A.Da854. n^ & 18- VICTORIA C.67,68. 231

shall be valid in Law to all Intents and Purposes^ although at the
Time of such Porchase Proceedings for an Inclosure of sudi Lands
were or shall be proceeding.

CAR LXVIIL

An Act to provide for the Application of certain Stock pur-
chased with Monies which arose from the Sale of ^art
of the Land Revenues of the Crown in Ireland.

[3l8t Ji</yl854.]

* ^lli/THEREAS there is now standing in the Names of the

* ^^ Commissioners of Her Majesty's Treasury Forty-one
'* thousand one hundred and seventy-six Pounds and Tenpence

* Three Pounds Five Shillings per Centum Bank Annuities in the

* Books of the Governor and Company of the Bank of Ireland^

* purchased with Monies which arose from the Sales of certain

* Qoitrents and other Hereditaments, Part of the Possessions and

* Land Revenues of the Crown in Irelimd, such S^es having
< been made under the Authority of an Act passed in the Session

* of Parliament held in the Third Year of the Beign of His kte

* Mi^esty King George the Fourth, Chapter Sixty-three, hy which
' Act ii was provided that no Part of the Stock, Funds, or An-
' nuities to be purchased with the Monies to arise from any Sale
' thereby authorized should at any Time be transferred or trans-

* ferable without the Authority of Parliament : And whereas it

* is expedient that the said Forty-one thousand one hundred and

* seventy-six Pounds and Tenpence Three Pounds Five Shillings

* per Cenium Bank Annuities should be applied as herein-after
' mentioned :' Be it therefore enacted by the Queen's most Ex-
cellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

I. The said Forty-one thousand one hundred and seventy-six Stock por-
Pounds and Tenpence Three Pounds Five Shillings per Centum chased with
Bank Annuities so as aforesaid standing in the Names of the l^nies arising
Commissioners of Her Majesty's Treasury in the Books of the c^JJ^^^^
Governor and Company of the Bank o£ Ireland shall be applicable -^^ Ireland
to the same Purposes and be transferable in the same Manner in under 3 Q. 4.
all respects as if the same Annuities had been purchased with c 63. to be
Monies arising from Sales of Portions of the Possessions and Land app^cahle
Bevenues of the Crown in Ireland made in pursuance of the J^jj^^^
Powers contained in an Act passed in the Session of Parliament gales under^
holden in the Tenth Year of the Reign of His said Majesty King lo G. 4. c 50.
George the Fourth, Chapter Fifty, and bv which said last^men-
tioned Act Monies arising from the Sidles made in pursuance
thereof are authorized to be invested in the Purchase of Lands
and Hereditaments to become Part of the Possessions and Land
Bevenaes of the Crown.

Q 4 CAP.

232 C.69, 70. 17^ ^ 18" VICTORIA. A.D.1854.

CAP. LXIX.

An Act to indemnify Local BoardB of Health as r^ards
rating for the Repair of Highways, under the Public
Health Act, 1848. [31st July 1854.]

< V1I7HEREAS Doubts have arisen, under the Provisions of the

* ^^ Public Health Act, 1848, whether the Money requisite
' for the Hepair of Highways in Districts under the Public Health

* Act, 1848, should be raised by Highway Rates or by General
' District Rates ; and it is expedient to indemnify Local Boards
' of Health who have repaired Highways out of Rates the legal
^ Applicability of which to the Purpose of such Repair is doubt-

< ful:' Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords Spi-
ritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same. That —

Highway Bate I. No Highway Rate made before the passing of this Act by
not to be any Local Board of Health shall, nor shall the Application thereof^

deemed inyahd. ^ deemed invalid or illegal by reason of such Rate having been
made or applied, wholly or in part, for defraying any Expenses in
relation to the Highways within the Limits of the District of such
Local Board ; and any such Rate so far as the same has not been
levied and collected and applied before the passing of this Act^
may be levied and collected, and may be applied, wholly or in
part (as the Case may be), for or towards the defraying of such
Expenses as aforesaid, and such Local Board, and all Persons
acting under their Authority, are hereby released and indemnified
from and against all Proceedings whatsoever on account of the
making, levying, and collecting of any such Rate, or the Appli*
cation liiereof for de&aying any such Expenses as aforesaid.
Short Title. H. In citing this Act in any other Act of Parliament, or in any

Proceeding, Instrument, or Document whatsoever, it shall be suf-
cicnt to use the Words and Figures ''Local Boards Highway
" Repair Indemnity Act, 1854."

CAP. LXX.

An Act to enable the Trustees of Portland Chapel^ Oxford
Chapel, and Welbeck Chapel, in the Parish of Saint Mary-
leboncy to augment the Salaries of the Ministers of the
said Chapels. [Slst July 1854.]

< Y|7HEREAS by an Act passed in the First Year of the Reign
W. 4. c. 59. « ▼ ▼ of His late Majesty King fFilUam the Fourth, Cap. 59.,

* aAer reciting, amongst other things, that His Majesty was seised

* to Him, His Heirs and Successors, of all those Three several

* Chapels called respectively by the Names of Portland Chapel,
' Oxford Chapel, and Welbeck Chapel, and the Ground whereon
*' the same respectively stood, situate in the Parish of Saini

* Marylebone in the County of Middlesex^ and that Divine Service

* had for several Years past been performed in the said Chapels

* by Curates or Ministers duly licensed for that Purpose, although
' none of the said Chapels hsul been appropriated or consecrated,
' it was by the said Act enacted, that the said Chapel called

' Portland

A.B.1854. 17* & 18« VICTORIiE, C. 70. 233

' PdrOand Chapel, and the said Chapel called Oxford Chapel,

* and the Ground and Soil whereon the same respectively stood,

* and all Bents, Profits, and Plroduce to arise and hecome pay-

* able in respect of the said Two Chapels, with the Appurtenances,

* shoald he and that the same were therehj vested in William

* Viscount Lowther^ First Commissioner of His Majesty's Woods,

* Forests, and Land Revenues, and in the Beverend George

* Chandler Doctor of Laws, Rector of the District Church of All

* Sotds in Sami JUarylebone^ and their respective Successors in

* the said Office and District Rectory, as a Body Corporate, and

* thai the said Chapel called Welheck Chapel, situate in WeH-

* moreland Street in the said Parish, and the Ground and Soil
' whereon the same stood, and all Rents, Profits, and Produce to

* arise and become payable in respect of the same Chapel, with

* the Appurtenances, should be and the same were thereby vested
' in the said WUHam Viscount Lowthery as such Commissioner

* as aforesaid, and the Reverend John Hume Spry Doctor in
« Divinity, Rector of the Parish of Saint Marylebone aforesaid,
' and th^ respective Successors in the said Office and Rectory,

* as a Body Corporate, to the Litent that afler Consecration of

* the said Three Chapels respectively Divine Service according
« to the lUtes of the United Church of England and Ireland

* should be performed therein as therein is mentioned ; and after
' making Pjrovision for the Appropriation of certain Seats in the
' said Chapels, and for the letting certain other Pews and Seats

* in the said Chapels at such Rents as in the said Act referred
' to, it was by the said Act now in recital further enacted, that
' the said Trustees should keep separate Accounts of what should
' be received in respect of the said Rents so to be reserved as

* aforesaid on Leases of the Pews and Seats in the said Three

* Chapels respectively, so that the Rents to be reserved in respect

* of each of the said Chapels might be applied as therein-after
' mentioned for the exclusive Benefit of such Chapels respectively ;

* and it was declared that the said Trustees for ihe Time being of

* the said Chapels respectively should, by and out of the Rents
' and Profits to be payable for the Time being in respect of the

* said Seats or Pews, subject to such Payments as therein is men-

* tioned, by and out of the said Rents and Profits, pay or cause

* to be paid to Persons therein mentioned respectively, or other

* the Curates or Ministers for the Time being of the said Chapels

* respectively, such annual Sums by way of Salaries or Stipends

* for their Services, not exceeding in the first instance the Sum

* of Three hundred and fifty Pounds for each Curate or Minister,

* but with Power for the Trustees for the Time being of the said

* Chapels respectively, either for a limited Period or permanently,
' but with the Consent of the Lord Bishop of London for the

* Time being, to increase such annual Salaries to any Sum not

* exceeding Four hundred and fifty Pounds for any of such
' Curates or Ministers, in case the Trust Funds or Monies should

* in the Opinion of the said Trustees authorize such Increase to
' any One or more of the said Curates or Ministers ; and subject

* to such Payments as therein is mentioned, the said Trustees
« were directed to invest the Residue of the Rents and Profits to
' arise from letting the said Pews or Seats within the said Thi-ce

^ « Chapels

234 C.70, 17* & 18» VICTORIA A.D.1854.

^ Chapels lespectiTelj in the Purchase of Three Founds per CenL

* Consolidated Bank Annuities in the Names of the said Troatees

* for the Time being of the said Chapels reqMctivelj, and should
*' receive the Interest and Dividends of such Bank Annuities,

* and the Interest and Dividends of the Bank Annuities to be

* purchased as after-mentioned, and invest the same frcMn Time to
*• Time in the Purchase, in their Names, of like Bank Annuities,

* to the Intent that such several Bank Annuities might aoou-
^ mulate ; and it was bj the said Act now in recital further
' enacted, that the said several Bank Annuities, so to be purchaaed

* as last aforesaid should be held by the said Trustees respectively
^ for the Time being in such Shares as should appear to have re-
' suited from the Surplus of the Rents and Profits arising from

* the Seats, Pews> Vaults, and Cellars of such Chapels respec-

* tively, as a Fund by Sale or Transfer whereof to raise Money
' from Time to Time for defraying the Costs and Expenses of
' such rebuilding or repairing of the said Chapels, and the Fur*
^ niture and Chattels therein, as in the said Act mentioned, with
^ the Proviso that if at any Time or Times it should happen that
' the Rents and Profits payable in re^)ect of the said Seats or
' Pews should be insufficient to discharge the annual or other
*■ Payments therein-before directed to be made thereout respec-
' tively, together with the Costs, Charges, and Expenses of the
^ Trustees for the Time being in the Execution .of the Trusts
^ therein-before declared, it should be lawful for the respective

* Trustees for the Time being of the said Bank Annuities, by and
*' out of the Dividends, or by Sale and Transfer of a competent

* Part of the Capital thereof that should be held in trust for the
^ Chapel the Rents and Profits of which should be so insufficient
^ as aforesaid, to levy and raise from Time to Time such a Sum
' or Sums of Money as should enable them to satisfy and dis-
' charge the Deficiency, and to apply the Sum or Sums of Money
' so to be levied in Payment of such Deficiency accordingly :
^ And whereas it is expedient that the Trustees of the said
^ Chapels, acting under the Trusts and Powers of the said Act,

* should be empowered to increase the Salaries of the Ministers
' of the said Chapels respectively as herein-after mentioned :' Be
it therefore enacted by the Queen's most Excellent Miyesly, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

Power to Tnis- I. Whenever the Rents and Profits of any of the said Three
tees to aiigment ^veral Chapels shall have afforded a surplus Residue for Invest-
^*^*w^^^" ™®°* ^ aforesaid of not less than Two hundred Pounds in each
^^"'^ Tear for Three successive Years during the Incumbency of any

Curate or Minister in such Ch8x>el, after satisfying all the Pay-
ments charged therecm under the above-mentioned 'Act, including
a Salary of Four hundred and fifty Pounds to such Curate or
Minister, the Trustees respectively for the Time being of the said
Chapels respectively shall and may at any Time or Times hereafter,
at their Discretion, with the Consent of the Lord Bishop of JLoh"
don for the Time being, augment the Salaries or Salary of all (»>
any of the Curates or Ministers of the said Chapels respectively
by and out of the Funds and Premises by the said Act applic-

ablo

A.Da854. I7* & 18* VICTORLffi. C, 70, 7 1. 235

able to the Paym^t of the Sakries of the said Carates or Ministers,
by aUowing Ihem any Sum not exceeding One Half of any surplus
Residue vhich maj accrue in any suci^eding Tear of such In-
ctunbenej : IVorided nevertheless, that the Salary of any of the
said Curates or Ministers shall not at any Time exceed the yearly
Sam of Six hundred Pounds ; but no Augmentation shall l>e
made to any Minister or Curate, except out of the Bents and
Profits of the Chapel of which he shall be Biinister or Curate,
or of the Income of the Stock or Funds which may have arisen
from ihe Investment of any surplus Rents or Profits arising from
any such Chapel ; and no Part of the said Stocks or Funds shall
be s<^d for the Purpose of providing such augmented Salary ;
and anysoeh augmentation shall be made on such Trusts and
under such Conditions as the said Trustees for the Time being,
with the Consent of the Lord Bishop of Landony shall think fit,
and shall by any Deed or Deeds direct.

XL The Trustees respectively for the Time being of the said Meetings of the
Chapels may hold their Meetings for the Purposes of this and the Tnuteet.
said recited Act either as by l^e said recited Act is provided, or
at such Time of the Tear and such Place, and either within the
said Pariflih of Saini Mar^iebane or within the City and Liberty
of Wniimimitir^ as they from 'nme to Time may think fit

UL The First Commissioner for the Time being of Her Majesty's The Pirgt Corn-
Works and Public Buildings shall be a Trustee of the said Chapels miasioner of
respectively jointly with the several Rectors thereof as Bodies S!^!^^^*
Corporate, as by the said Act is provided with respect to the piaceofthe *
First Commissioner of Her Majesty's Woods, Forests, and Land First ConmuB-
Revenaes and the said Rectors and their respective Successors, noner of
and such Parties shall be and continue Trustees of the said Woods.
Chapels in all respects as by the said Act is provided ; and all
the Stocks, Funds, Monies, and Securities now belonging to the
Trustees respectively appointed by or in pursuance of the said
Act shall immediately after the passing of this Act be transferred
and paid to the Trustees of the said Chapels respectively appointed
by tbis Act, and be held by them on the Trusts by the said Act
declared.

CAR LXXL

An Act to amend the Law concerning the making of Boroagh
Rates in Boroughs not within the Municipal Corporation
Acta. [3l8t July 1854.]

' Vl/'HEREAS by an Act of the Fifteenth and Sixteenth

* ^^ Years of the Reign of Her Majesty Queen Victoria^

* intituled An Act to con$oUdate and amend the Statutes relating 15 & 16 Tict»
' ISO ike Aeseisment and Collectian of County Bates in England ^ 81* •

* atid Wales, it was, among other things, provided, that from
' and after the passing of the said Act it should be lawful for

* the Justices of the Peace in any County in England and Wales,

* in GmBTtl or Quarter Sessions assembled, to appoint any
' Number of Justices, jiot exceeding Eleven in Number nor less
' than Five, to be a Committee for the Purpose of preparing a
' Basis or Standard for the assessing of County Rates, and that
' it should be lawful for the Justices of the Peace assembled at

« their

236

0-71.

17' & 18' VICTORLae.

A.D.1854.

Justices in
Boroughs not
within Provi-
sions of Muni-
cipal Corpora-
tions Act may
make Borough
Rates.

' their Generml or Quarter Sessions to order and direct a fair and

* equal County Bate to be made according to the Basis or Standard
^ for the Time being in force : And whereas there are divera
^ Boroughs not being within the Provisions of the Municipal
^ Corporation Acts in which Borough Bates in the Nature of
' County Bates have heretofore been made under the yarious Acts
' repealed by the said Act of the Fifteenth and Sixteenth of Her
^ Majesty, and which Boroughs have not as many as Five Jus-
' tices of the Peace : And whereas Doubts have arisen whether
' since the passing of the said Act of thg Fifteenth and Sixteenth
' of Her Majesty a Rate in the Nature of a County Rate can be

* made in such Boroughs by reason of the Want of a sufficient
^ Number of Justices : And whereas it is expedient to remove
' such Doubts, as also to amend the Law in respect to the making
' of such Rates in the said Boroughs :' Be it therefore enacted bj
the Queen's most Excellent Mi^esty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the Authority of the
same, as follows :

I. From and after the passing of this Act it shall and may be
lawful for the Justices of the Peace in any Borough not being
within the Provisions of the Municipal Corporation Act, and not
being liable to contribute to any County Rate, from Time to Time
to make and levy within their Borough a Borough Rate in the
Nature of a County Rate for defraying any Expenses incurred
before the passing of this Act, and which may hereafter be in-
curred for all or any of the Purposes defined in the Municipal Cor-
porations Act, 1835, as Purposes for which a Borough Rate may
be levied ; and for that Purpose the Justices of such Borough
and all Persons acting under their Authority shall, within their
Borough, have all the Powers and Protection which were given
to Justices of the Peace by virtue of the Act made in the Fifty-
fifth Year of the Reign of His late Majesty King George the
Third in the said Municipal Corporations Act mentioned, and
all Powers given to Town Councils by any Acts since passed
concerning the making and levying of Borough Rates in Boroughs
being within the Municipal Corporations Act, 1835, or as near
As to Appeals, thereto as the Nature of the Case will, admit : Provided always^
that such Borough Justices shall not be empowered to hear or
determine any Appeal against any such Rate ; and if any Person
shall think himself aggrieved by any such Rate, it shall be lawful
for him to appeal to the Recorder of the Borough in which such
Rate has been made, or in case there shall be no Recorder within
such Borough then to the Justices at the next Court of Quarter
Sessions for the County within which such Borough is situate, or
whereunto it is adjacent, and such Recorder or Justices respec-
tively shall have Power to hear and determine such Appeal, and
to award Relief in the Premises as in the Case of an Appeal against
any County Rate ; and all Sums of Money levied in pursuance
of such Borough Rate shall be paid over to the Treasurer of the
Borough for the Time being, and be applied by him for the
Purposes for which the same are applicable as herein-before
mentioned.

CAP.

A.D. 1854. 1 7 • & 16 •» VICTOBIJE. C- 72. 237

CAP. LXXII.

An Act to provide for Payment of the Salaries of the Sheriff
and Shenff Clerk of Chancery in Scotland.

[31st July 1854.]

< TjlTHEREAS by an Act passed in the Session of Parliament

< ▼ ▼ holden in the Tenth and Eleventh Years of the Reign of

^ Her present Majesty, intituled An Act to amend the Law and 10 & 11 Yict

* Praetiee of Scotland as to the Service of Heirs^ it was enacted, ^* ^7*

* that it should be lawfal for Her Majesty to appoint a fit Person,

* being a Person qualified for the Office of Sheriff of a County in
*■ Scodandy to be the Sheriff of Chancery for the Purposes of the

* said Act, and also to appoint a fit Person to act both as Sheriff
' Clerk of Chancery and as Clerk of the Presenter of Signatures

* in Exchequer ; and it was thereby provided that such Sheriff

* and Sheriff Clerk should respectively receive such Salaries in
' respect of their Offices as should be from Time to Time fixed by
^ the Commissioners of Her Majesty's Treasury, and that such

* Salaries should be pavable ^'out of the Fees receivable in the

* ^ Office of Chancery : ' And whereas Her Majesty appointed a
^ Sheriff of Chancery and a Sheriff Clerk of Chancery, and
' Salaries were fixed by the said Commissioners payable as afore-
' said : And whereas the Fees now receivable in the Office of

* Chancery have been diminished, and are inadequate to provide
' for Payment of the said Salaries, and Part of the Salary due

* and payable to the said Sheriff is unpaid, and it is proper that
' the said Salaries should be paid out of the Funds from which
' the Salaries of Sheriffs of Counties are payable^ and that Pro-

* vision be made for Payment of the Arrears of the Salary of

* the said Sheriff now unpaid :' Be it therefore enacted by the
Queen's most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the Authority of the
same, as follows :

L The said recited Act, in so far as it enacts that the said Funds from
Salaries of the said Sheriff of Chancery and Sheriff Clerk of ^f^gveriffSid*
Chanoeiy shall be payable out of the Fees receivable in the Office ^Yie^ Clerk
of Chancery in Sedlandj is hereby repealed ; and the said Salaries of Chancery to
and any Increase thereof shall her^ifter be payable out of the he payable.
Funds from which the Salaries of Sheriffs are payable, and the
Part of the Salary due, but not hitherto paid to the Sheriff of
Chancery, shall be paid out of the said Funds.

IL 'And whereas by an Act passed in the last Session of Power to Trea-

* Parliament, intituled An Act to facilitate Procedure in the surytognntto

* Sheriff Courts in Scotland, it was enacted, that it should be Sheriff of

< lawful to grant to any Sheriff such Salary as to the Commis- Stavf^^

* sioners of Her Majesty's Treasury might seem meet, not being g^em meet, and

* less than Five hundred Pounds by the Year, and also to grant a retiring

* to any Sheriff a retiring Allowance or Annuity in respect of Annaity^b-
' long Service : And whereas Doubts exist whether the said En- i^^. ^ ^^

* actments apply to the Office of Sheriff of Chancery, and it is ^^ ^^''ly yi^t

* just and proper that such Doubts should be removed :' Be it c, go. s. 38.
enacted. That it shall be lawful to grant to the Sheriff of Chan-
cery

238

C.72,73.

17» & 18« VICTORI-S.

A.D. 1854.

7 & 8 Vict
c. 113.

9 ft lOYict
c75.

Right of Be-
tention or Lien
over Shares of
Ftirtnere not to
he affected.

The Company
to sell Shares
acqnired in
yirtae of Right
of Lien.

Provision to he
made as to
signing Bills
and Notes.

eery sueli Salary as to the Commissioners of Her Majesty's Trea-
sury may seem meet, not exceeding Five hundred Pounds bj the
Tear, commencing from the First Day of November One thousand
eight hundred and fifty-three, and also a retiring Annuity in
respect of long Sexvice, subject to the Provisions and Conditions
set forth in the Thirty-eighUi Section of the said last-recited Act^
which Salary and Annuity shall be payable out of the same Funds
from which the Salaries and Annuities of Sheriffs of Counties are
payable.

CAP. LXXnL

An Act to amend the Acts for the Begulation of Joint Stock
Banks in Scotland. [Slst July 1854.]

' Vl WHEREAS an Act passed in the Eighth Year of the Beign
^ ^^ of Her present Mi^esty, intituled An Act to regulate

* Joint Stock Banks in England : And whereas the said Act wbjb

* extended to ScotUxnd and Ireland by an Act passed in the Ninth
' and Tenth Years of the Beign of Her Majesty, intituled An

* Act to regulate Joint Stock Banks tif Scotland and Ireland : And
' whereas it is expedient that the recited Acts should be amended

* in certain of the Provisions thereof^ in so far as the same applj
' to Seotlatid/ Be it enacted by the Queen's most Excelloit Ma-
jesty, by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assem-
bled, and by the Authority of the same, as follows :

L No Clause directed bj the said Acts to be inserted in the
Deed of Partnership of any Joint Stock Banking Company in
Scotland to be executed previous to such Company being incor-
porated under the recited Acts shall take away or impair the Right
of Betention or Lien which, in virtue of the Common Law of
Scotland, such Company has or ;nay be entitled to exercise over
the Shares of its Partners, for or in respect of any Debt or
Liability incurred or Obligation undertaken by them to the
Company.

n. Provided, That as often as the Company may, in virtue
of their Rig:ht of Lien or Betention acquire any Shares in the
Company's Stock, they shall be bound to sell the same witliin
Six Months after the same shall have been so acquired, and
in such Manner as is by the said first-recited Act provided for
the Sale of forfeited Shares ; and the Company shall be bound
to account to the Party or Parties interested in such Shares, or
to their Creditors, or Heirs or Executors, for the Balance of the
Price or Prices which may have been realised by such Sale,
after paying the Debt due to the Company, and the Expenses
incurred by them in securing their Debt and selling the Shares.

UL In such Deed of Partnership there shall be inserted Pro-
visions regulating the Manner in which Bills of Exchange or
Promissory Notes of the Company may be made, accepted, or
endorsed, and it shall not be necessary that such Bills of £;c-
change or Promissory Notes be signed in the Manner prescribed
by the first-recited Act.

CAP.

A.D.1854. 1 7 • & 18« VICTORIA. C. 74. 239

CAP. LXXIV.

An Act to render Reformatory and Industrial Schools in
Scotland more avulable for the Benefit of Vagrant Chil-
dren. [7th August 1854.]

< Vl^ HERE AS it is expedient that Beformatory and Industrial
' ^^ Sehools in Scotland should be made more available for
* the Education and Training of Vagrant Children :' Be it there-
fore enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal)
and Commons, in this present Parliament assembled, and by the
Authority 6t die same, as follows :

L When any young Person apparently under the Age of Four- Power to
teen Years sh^ from and after the passing of this Act, be found Sheriff or
b^ging, or, not having any Home or settled Place of Abode or J^f*^**^ *^
proper Guardianship, and haying no lawful or visible Means of ^lai^^
Sabostenee^ shall bo found wandering, and though not charged School unless
with any actual Offence, shall be brought by any Constable or Security found
Police Officer before any Sheriff or Magistrate, it shall be hiwful ^or good
for ike said Sheriff or Magistrate, after due Inquiry, and Intima- Behaviour.
lion to the Inspector of the Poor, and due Intimation to tiie
Parentis Guardians, or others interested in such young Person,
if the same can be found, and unless the Parents, Guardians, or
other Persons interested in such young Person shall appear and
find Security for his or her good Behaviour, enacted in the Books
of Court according to the Form (or as near thereto as may be)
contained in the Schedule (B.) annexed hereto^ such Security to
be for any Sum not less than Chie Pound and not more than Five
Pounds, and for any Period not exceeding Twelve Calendar
Months, if he shall see Cause, to order by a Writing under his
hand, according to the Schedule (A)^ or as near thereto as may
be, such young Person forthwith to be transmitted to and received
at any Beformatory School, Industrial School, or other similar
Institution within Scotland^ whether established by a Parochial
Board or by an Association of Individuals, which may have been
sanetioDed by the Secretary of State for the Purposes of this Act,
the Directors or Managers of which may be willing to receive
such young Person, for such Period of Time as may appear
necessary for his or her Education and Training, but such young
Fenon shall not be detained beyond the Age <^ Fifteen Years
without his or her Consent, such Magistrate having due Regard
to the religious Belief of such Child, or to any Wish expressed
by the Parents, Guardians* or other Relative as to the particular
Institution to which such Child shall be committed or removed,
and with Power to Secretary of State to order such Removal ;
and on such Security as aforesaid being at any Time found, the
Sheriff or the committing or other acting Magistrate for the
Time being may order the Discharge of such young Person from
any such School or Institution : Provided always, that if the
Parent or Guardian of any such young Person shall express a
Preference for any One such School out of Two or more within
the Jurisdiction of the Sheriff or Magistrate, such Sheriff or
Magistrate shall order such young Person to be sent to the

School

240

C74.

17" & 18" VICTOBI^

A.D.1854.

Punishment on
wilfully leaving
and revising to
return to
School

Penalty on
Persona wil-
fully withdraw-
ing young
Persons from
School.

Parents and
others may he
sued for Ex-
penses of
Support of
Children in
SchooL

Expense of
Children to be
paid for by
Parochial
Board when
not received
fh>m Parents,

School 80 preferred, if the Managers be willing and able to
receive him.

U. If any young Person who shall be sent to any such School
or Institution, under the Provisions of this Act, shall wilfully
leave and abscond therefrom before attaining the Age of Fifteen
Tears, or being duly discharged therefrom, and shall refuse to
return, it shall be lawful to the Sheriff or to the committing or any
other acting Magistrate, on summary Complaint at the Instance
of any Officer of the said School or Institution, (and which Com-
plaint shall be conducted in the Forms, or as nearly as may be,
and subject to all the Provisions of the Act of the Ninth Year
of King George the Fourth, Chapter Twenty-nine,) to punish
such young Person by Whipping, or by Imprisonment for any
Term not exceeding Twenty Days, and if he shall see proper to
order that such young Person be thereafter re-transmitted to
such School in manner foresaid.

lU. When any young Person has been sent by any Sheriff or
Magistrate to such School or Institution sanctioned as aforesaid,
any Person who shall directly or indirectly wilfully withdraw
such young Person from such School or Institution, or induce him
or her to abscond therefrom, before he or she has been regalarly
discharged, or who shall knowingly conceal or harbour such young
Person, or otherwise prevent his or her Return thereto, then
such Person so offending shall be liable for every such Offence
in a Penalty not exceeding Five Pounds, to be recovered on sum-
mary Complaint before any Sheriff or Magistrate at the Instance
of any Officer of such School or Institution, or any Person autho-
rized by the Directors or Managers, with Concurrence of the
Public Prosecutor, and, failing Payment, the Offender may be
imprisoned for any Period not exceeding Sixty Days ; and such
Penalty, deducting the Expense of Prosecution, shall be paid over
to the Treasurer of the Institution in which such young Person
was placed and for behoof thereof.

IV. In every Case where any such young Person has been
sent by any Sheriff or Magistrate to such School or Institution
as aforesaid, it shall be competent for the Treasurer or other Officer
thereof to sue the Parents or Step-parents of such young Person
or other Persons who may be liable to support him or her for
Payment of the Cost of Support and other Expenses incurred by
the said School or Institution in regard to such young Person,
and to recover the same by Action in the Sheriff's Small Debt
Court: Provided always, that the Sheriff may, on Cause shown,
modify- the Amount of such Cost and Expenses as he shall think
reasonable, or remit the same altogether, as in the Circumstances
of the Case may seem just

V. Where any young Person shall be sent to such School or
Institution, and where the Cost of Support of such young Person
has not been received from the Parents of such young Person or
other Parties liable for his or her Support, it shall be competent
for the Treasurer or other Officer of such Institution, or other
Person authorized by the Directors or Managers, to recover tho
Cost of such Support and other Expenses of such young Person,
or any Balance thereof unpaid, from the Parochial Board of the
Parish on which such young Person, if a Pauper, would have

been

A.D.1854. 17<^ & 18* VICTORIA. 0.74. 241

been chargeable in the first instance ; and such Cost and Expenses
are hereby declared to form a valid Charge upon the Funds within
the Management of the said Parochial Board, under the Act Eighth
and Nin^ Vieioriay Chapter Eightj-three, declaring that such
Sums shall be annually on the Thirty-first of December in every
Year charged against the said Parochial Board for the Year then
ending, and shaU be sued for within Three Months after the Lapse
of every such Year, and not thereafter, and the Amount may be
sued for under the Sherifi" Small Debt Act, First Victoria^ Chapter
Forty-one, as amended by the Seventeenth and Eighteenth Vic-
ioria. Chapter Eighty, although the Amount be greater than the
Sum to which the Prosecutions by the said Acts are limited :
Provided alwajrs, that the Sheriff shall have Power to fix the
Cost of Support at such Rate as he may consider just and reason-
able ; and on Payment of the said Sums the said Parochial Board
shall have all competent Remedy for Relief and Recovery of the
Sums paid by them against all Persons or Parishes bound in Relief
and Payment thereof.

VL It shall be lawful for the Directors and Managers of such Power to make
Schools and Institutions as aforesaid to make all necessary Rules, Hules, &c
Orders, and Byelaws for the Regulation and Management of the
Schools and Institutions as aforesaid under their Charge, not re-
pugnant to the Provisions of this Act, but no such Rules, Orders,
or Byelavrs shall be enforced until they have been submitted to
and approved by the Lord Advocate of Scotland,

YIL It shall be lawful for the Education Committee of Her Power to
Majesty's Privy Council, out of the Monies at their Disposal Education
voted by Parliament for the Purposes of Education, to grant to pri™""*^ncil
the Directors or Managers of any such School or Institution to'^mtAidto
sanctioned as aforesaid, who may be willing to receive such Directors of
young Persons as aforesaid, such Aid as they may judge proper Schools.
towards the Erection of suitable Buildings, and the annual
Expense of such School or Institution, under such Regulations
as to Uie Accommodation required and the Qualification of
Teachers as the Committee of Council may prescribe ; and all
Schools and Institutions receiving such Aid shall be open tb the
Inspection of Her Majesty's Inspector of Schools, or to any
other Inspector specially appointed for the Inspection thereof.

YUL Nothing in this Act contained shall be construed to Act not to in-
prevent any Parochial Board on whose Funds the Cost of Sup- terfere with
port of any such young Person as aforesaid shall have become a S^^^" ?^
Charge from adopting such Steps for his or her Removal as may ^™ vtet'^sY.
be competent to them under the Provisions of the Eighth an<f
Ninth Vieioria^ Chapter Eighty-three.

SCHEDULE A.

At the Day of I, lA.B.

Sheriff or Magistrate of ] under the Powers of

the Reformatory Schools (Scotland) Act, 1864, hereby order, that
C/>. belonging to and apparently of the Age of

Yearsy and who was brought before me under the Provi->
sions of the said Act, to be taken to the School,

at , therein to remain, under the Powers and

17 & 18 Vict. R Provisions

k

242 C. 74, 75. 17« & 18» VICTOBIiES. A.D.1854.

Provisions contained in the said recited Act, until he be dalj
discharged therefrom or attain the Age of Fifteen Tears.
Given under mj Hand, Date and Place foresaid.

SCHEDULE B.

I or we [^name and design the Cautioners] do hereby judiciallj
enact ourselves in the Books of the Courts

at and bind and oblige [myself or ourselves,

my or our Heirs, Executors, and Successors, jointly and severally,]
under the Penalty of for the good Behaviour of

A.B. belonging to and that for the Period of

Calendar Months, all in Terms of the First
Section of the Reformatory Schools (Scotland) Act^ 1864.

Subscribed by me [or us] at the

Day of 9 before these Witnesses.

A.B. and CD.

CAP. LXXV.

An Act to remove Doubts oonceming the due Acknow-
ledgment of Deeds by Married Women in certiun Cases.

[7th August 1854.]

« T1I7HEREAS by the Act passed in the Session of Parliament
3 & 4 W. 4. * ^^ holden in the Third and Fourth Years of King WUUam
0. 74^ < the Fourth, Chapter Seventy-four, '' for the Abolition of Fines

* '' and Recoveries, and for the Substitution of more simple Modes

* '^ of Assurance," it is provided that every Deed to be executed
' by a Married Woman for any of the Purposes thereof, except
' such as may be executed by her in the Character of Protector
^ for the sole Purpose of giving her Consent to the Disposition of
' a Tenant in Tail, shall, upon her executing the same or afler-

< wards, be produced and acknowledged by her as her Act and
^ Deed before a Judge of One of the Superior Courts at fVest'
^ minster^ or a Master in Chancery, or before Two of the Per-
^ petual Commissioners or Two Special Commissioners to be re-

< spectively appointed as therein provided, and a Certificate of
^ the taking of such Acknowledgment is Uiereby directed to be

< lodged with some Ofilicer of the Court of Common Pleas at

< Westminster^ who is directed, after satisfying himself that the
^ Requisitions of the said Act have been complied with in manner

* therein mentioned, to cause the said Certificate to be filed of

* Record in the said Courts of Common Pleas : And whereas it
' is apprehended that Deeds executed by Married Women under
' the Provisions of the said Act may be liable to be invalidated

< by the Circumstance that the Judge or Master in Chancery,

* or One or both of the Commissioners, taking the Acknow-
^ lodgment, may be or may have been interested or concerned,
^ either as a Party or otherwise, in the Transaction giving
' Occasion for such Acknowledgment, and it is not exj^dient

* diat Deeds executed in good Faith under such Circumatanoes

* should be invalidated :' Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present

ParUament

A.D.1854. 17^ & 18» VICTOKI^. C. 75, 76. 248

Pftrliamcnt Msemblcd, and by the Authority of the samOy as
follows :

1. No Deed which has been acknowledged or which shall here- Acknowledge
after be acknowledged by a Married Woman before a Judge of ment of Deed
One of the Superior Courts of We$tminstery or a Master in Chan- ^^ impeach-
cery, or before Two of the Perpetual Commissioners or Two *2*^^f°
Special Commissioners appointed as by the said Act is required, before whonT
shall be impeached or impeachable at any Time after the Certi- game was
ficate of such Acknowledgment has been filed of Record in the taken being
Court of Common Pleas at fFestminstery by reason only that such interested.
Judge or Master in Chancery, or such Commissioners, or either
of themf was or were interested or concerned, either as a Party or
Parties^ or bb Attorney or Solicitor or Clerk to the Attorney or
Solicitor of one of the Parties, or otherwise, in the Transaction
giving Occasion for such Acknowledgments

IL Provided, That if any Proceeding instituted before the Staying Pro-
Thirteenth Day of Jnfy One thousand eight hundred and fifty- ceedings for
four in the said Court of Common Pleas, for the Purpose of <j««hing Cer-
quashing or taking oif the File of Records of the said Court any ^^oidedff-
Certifieate of an Acknowledgment of a Deed by a Married ment^^ '
Woman, on the Ground that such Judge or Master in Chancery,
or either of such Commissioners, was interested or concerned as
aforesaid, shall be pending at the passing of this Act, it shall be
lawful for the said Court to proceed with and dispose of the same
as if this Act had not passed, except that if the said Court shall
be satisfied that any Person or Persons acting bond fide has or
have been induced by the Terms of the Orders made by the said
Court in HUary Term One thousand eight hundred and tbirty*
fonr to acknowledge, or to accept a Title depending on the Acknow-
ledgment of, any Deed or Deeds before Commissioners, One of
whom may have been interested or concerned as aforesaid, the
said Court may refuse to permit the Certificate to be quashed or
taken off the File on such Terms as to the Payment of Costs and
Expenses as the said Court shall think fit to make.

IIL The Court of Common Pleas may from Time to Time make Court of Com-
any Rules which to them may seem fit for preventing any Com- mon Pleas may
missiooers interested or concerned as aforesaid from taking any inake Rules, &c.
Acknowledgment under the said recited Act, anything herein
contained to the contrary notwithstanding, so nevertheless that
no such Rule shaU make invalid any Acknowledgment after the
Certificate shall have been filed of Record as aforesaid.

CAP. LXXVL

An Act for the Formation^ Regulation, and Government of
Convict Prisons in Ireland.

[7th Avgust 1854.]
' ^lj^7HER£AS it is expedient to amend the Laws now in force

* ^ ' relating to Convict Prison^ and Hulks, and to establish
' Rules and Regulations for the Government of Prisons or Hulks
' set ^port for the Reception of PHsoners under Rule or Order of

* Transportation or of Penal Servitude, in Ireland: And whereas
' it is expedient that all the Powers relating to Convict Depdts,

* Hulks, or Prisoners under Rule or Order of TransporUtion,

R 2 * set

244

C.76.

17« & 18» VICTORI-ffi.

A.D.1854.

So much of
7 G. 4, c. 74.
as relates to
Hulks, &c.
repealed.

Power to Lord
Lieutenant to
set apart Places,
&c. for Con-
vict Prison&

C<mict Prisons
tone free from
all Rates,
Taxes, &c

LordUen-
tenant to ap-
point Directors
of Convict
Prisons.

Directors em-
powered to
contract for
Diet, Clothing,
and Mannfhc-

* set forth in tlie Act passed in the Seventh Year of His Majesty

* King George the Fourth, Chapter Seventy-four, or any other
*• Act, should be vested in Directors to be appointed as herein-
^ after mentioned :' Be it enacted by the Queen's most Ehccellent
Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same, as follows :

L So much of the Act passed in the Seventh Year of His
Majesty King George the Fourth, Chapter Seventy-four, intituled
An Act for consolidating and amending the Laws relating to
Prisons in Ireland, as relates to Hulks, Penitentiaries, or Convict
Dep6ts, or to the Classification, Government, and Inspection of
the Prisoners confined therein, or to the supplying of Clothing
for any Prisoners under Rule or Order of Transportation by the
local Inspector of any Gaol, shall be and they are hereby repealed.

II. It shall and may be lawful for the Lord Lieutenant^ by
Warrant to be published in the Dublin Gazette^ to set apart
and appoint Plaices of Confinement either at Land or on board
Vessels to be provided for that Purpose for Prisoners under Sen-
tence or Order of Transportation or of Penal Servitude ; and all
such Places of Confinement so set apart and appointed, and all
Yards, Offices, Grounds, and Premises thereunto pertaining, sball
be held to be and considered " Convict Prisons."

in. All Convict Prisons now established or hereafter to be
established, and all Lands, Buildings, Tenements, and Here-
ditaments thereunto belonging, with the Appurtenances thereof,
and all Persons in respect thereof, shall be wholly freed and dis-
charged from all Taxes, Rates, Assessments, and public Charges
whatsoever.

IV. It shall and may be lawful for the Lord Lieutenant to ap-
point not more than Three Persons to be Directors of the said
Convict Prisons, with such Salaries as the Commissioners of Her
Majesty's Treasury shall approve, and the said Directors shall,
subject to the Directions which they may from Time to Time
receive from the Chief Secretary to the Lord Lieutenant, have
the Control and Management of all the said Convict Prisons,
and of all Prisoners confined therein ; and it shall and may be
lawful for the Lord Lieutenant to appoint One of such Persons to
be Chairman of such Directors, and One of them, or One other
Person, to act as Secretary and Accountant, and from Time to
Time to remove any of such Persons to be so appointed, and to
appoint another or others in his or their Stead ; and the said
Directors shall be One Body Politic and Corporate, by the Name
of the " Directors of Convict Prisons for Ireland^ and by that
Name have perpetual Succession and a Common Seal, and by that
Name shall and may sue and be sued, and shall have Power and
Authority to take and purchase and hold Lands, Tenements,
and Hereditaments to them, their Successors and Assigns, for the
Purposes of this Act, or any other Act or Acts amending
the same.

V. The said Directors of Prisons shall have Power to make
Contracts with any Persons whosoever for the Clothing, Diet,
and other Necessaries, for the Maintenance and Support of the
Convicts confined in Convict Prisons in Ireland^ and for the

Implements

A.D.1854. 17** & 18** VICTORIA. C.76. 245

Implements and Materials for anj kind of Manufacture, Trade, tores for Con-
or Works, in which Ck>nTict3 confined in such Prisons shall be vict Fkisons.
employed, and also to cany on such Manufacture, Trade, or
Works in such Prisons, and to sell such Groods, Wares, and Mer-
chaodise is^shall be there wrought or manufactured, and also to
carrj on anj Works in any Place outside such Prisons, where
the Chief Secretary shall direct.

VL The said Directors of Prisons shall, on or before the Tenth Directors to
Day t^ March in each Year, and oftener if required by the Chief **I»rt to Chief
Secretary, make a Report in Writing under their Hands to the f*?,"^^'^^ ^^f
Chief Secretary, specifying the State of the Buildings, the Beha- «> i-ariiameaL
viour and. Conduct of the Officers of the several Convict Prisons,
and of the Convicts, the Amount of the Earnings of the Convicts,
and the Expense of all such Convict Prisons, the Rules and
Regulations made by them, and such other Matters relating to
the Discipline and Management of such Prisons as the said Direc-
tors shall deem expedient, or as the said Chief Secretary shall
direct ; and every such Report shall be laid before both Houses of
Parliament within One Calendar Month next after the Receipt
thereof, if Parliament be then sitting, or if not, then within One
Calendar Month after the then next meeting of Parliament.

VII. It shall and may be lawful for the Lord Lieutenant to Appointment of
appoint for each Convict Prison in Ireland a Governor, Chaplain ^^<^"-
or Chaplains, a Medical Officer or Medical Officers, and such ^

other Officers and Servants as shall be deemed to be necessary for
the Service and Discipline of such Prison, and to remove idl or
any of them, and to fix the Salaries to be paid to the said
Governor, Chaplain or Chaplains, Medical Officer, and all other
Officers and Servants so appointed, subject to the Approval of
the Commissioners of Her Majesty's Treasury.

TIEL It shall be kwful for the said Directors of Prisons, if ^^^ \^
they shall deem it necessary, to require any Person employed in quire Officers to
the Convict Service in Ireland to give Security for the due Per- gi^e Security. .
formance of his Duties, in such Sums, and with such collateral
Securities^ and in such Form as the Lord Lieutenant shall direct

IX. If any Person appointed to any Office or Employment in Power to re-
any Convict Prison in Ireland^ who shall be removed from his ™^® ^^^^^foT'^
Office or Employment, shall refuse or neglect to quit the said S^to'gi^e
Prison, or to give up Possession of any House, Building, or up Possession
Apartment therein or belonging thereto, within such Period as of Houses, &c
shall be fixed in any Order or Notice in Writing, to be signed by
the Directors of Prisons, not being less than Forty-eight Hours
after the Delivery to such Person of any such Order or Notice^
then it shall be lawful for any Justice of the Peace acting for
the County in which the Convict Prison is situate, on the Appli-
cation of any One of the said Directors, by Warrant under the
Hand and Seal of such Justice, to direct the Sheriff of the County
to remove such Person out of the Prison ; and the said Sheriff
shall thereupon clear the Possession thereof, so far as relates to
any Part of the Prison, or any House, Building, or Apartment
therein or belonging thereto, occupied by or in possession of
such Person, in like Manner tis upon a Writ of Habere facias
possessionem.

R 3 X. It

246

C.76.

17° & 18« VICTORLffi.

A.D.I854.

Directors to
make Rules for
Conyict
Prisons, sub-
ject to Appro-
val of CWef
Secretary.

Offenders under
Sentence of
Transportation
or Penal Serri-
tode maybe
removed from
and to Govern-
ment Prisons.

As to Employ*
ment of Con-
victs at Work.

As to Dis-
charge of
Convicts.

X. It shall and may be lawful for the said Directors of Prisons
to make and from Time to Time to alter Rules for the Regula-
tion of all Convict Prisons in Ireland^ and for the Duties and
Conduct of the Governors and other Officers of said Prisons, and
for the Diet, Clothing, Maintenance, Employment^ Instruction,
Discipline, and Correction of the Convicts imprisoned therein ;
provided nevertheless, that no Rule, whether it be original, or any
Amendment or Revocation of a former Rule, shall be enforced
until it shall have been approved of by the Chief Secretary.

XL It shall be lawful for the Chief or Under Secretary to
direct the Removal from and to any Convict Prisoh of any
Convict under Sentence or Order of Transportation or Penal Ser-
vitude, who shall appear by the Certificate of the Medical Officer
of the Gaol to be freed from any putrid or infectious or cutaneous
Distemper, and lit to be removed from the Gaol, Prison, or other
Place in which such Offender shall be confined ; and the Sheriff or
Gaoler having the Custody of any Convict whose Removal to a
Convict Prison shall be ordered in manner aforesaid shall, when
so required to do, deliver up the said Convict to the Constabulary
Officer or other Officer or Person who shall produce the said
Order so nuide as aforesaid, together with a Copy, attested by the
said Sheriff or Gaoler, of the Sentence and Date of Conviction
of such Convict, and also a Return specifying such other Parti-
culars within the Elnowledge of the said Sheriff or Gaoler con-
cerning such Convict as may be from Time to Time directed by
the Chief or Under Secretary of the Lord Lieutenant : And the
said Constabulary Officer or other Officer or Person shall give a
Receipt to the said Sheriff or Gaoler for such Convict, and shall
thereupon, with all convenient Despatch, convey and deliver up
any such Convict, with the said attested Copy and Return, into
the Custody of the Grovernor of the Convict Prison mentioned in
the said C^der ; and the said Governor shall give a Receipt in
Writing for every Convict so received into his Custody to such
Constabulary Officer or other Officer or Person as his Discharge.

XII. Such Convicts may be employed in Work every Day in
the Year, except Sunda^Sy ChriatmoM Day, Grood Fridayj and
any other Day or Days appointed for a General Fast or Thanks-
giving, or any Holiday or Holidays as may be fixed and stated in
tiie General Rules to be made by the Directors of Prisons, to be
appointed under this Act, for so many Hours, not exceeding
Twelve, exclusive of the Time allowed for Meals and Exercises,
as the said Directors shall order : Provided always, that the si|id
Directors, by a written Order, may allow any Convict at his own
Request to labour for a longer Time than is required by the Rules
to be made as aforesaid.

Xin. No Convict who shall have been received into the Cus-
tody of the Governor of any such Convict Prison shall be dis-
missed from the said Prison at the End or other Determination of
his Term, if he shall then labour under any acute or dangerous
Distemper, unless at his Request, and when such Convict shall be
finally discharged such decent Clothing and such Assistance in
Money or otherwise as shall be judged proper by the Directors
shall be given to such Convict.

XIV. No

A.D.1854. 17" & 18** VICTORIA. C.76, 247

XIV. No Person, except the Judges of Her Majesty's Superior None bui cer-
Coorts of Law in Ireland^ the Ju^^s of Assize, the Directors, tun Persons to
Officers, and Servants of the Prison, or such other Persons as ^^^ Convict
shall be authorised bj the Directors or by the Rules to be made -'^"^^'^
under this Ad, shall be allowed at any Time to enter any Part of
any Conyict Prison, or to converse or hold Communication of
any kind with any of the Prisoners.

XV. After the Delivery of any such Convict as aforesaid into Goyemor to
the Custody of the Governor of any Convict Prison, such Go- have the same
Temor, or other Person haying the Custody of Convicts under ^T^ ^^®' v-
his Directioii, shall, during the Term for which such Convict CustcS^aTthe^
shall be ordered to remain in his Custody, have the same Powers Sheriff or
over such Convicts, whether within or without the Prison, as Gaoler.
are incident to the Office of Sheriff or Gaoler, and in case of
any Abuse of such Custody, or other Misbehaviour or Negligence
in the Discharge of his Office, shall be liable to the same Punish-
ment tp which a Graoler is now liable by Law.

XYL In case any Convict shidl be guilty of any repeated Directors may
Offence against the Rules of the Prison, or shall be guilty of o^ ^?^
any greater Offence than the Gaoler or Keeper is by this Act ^ cl^cS^
onpowered to punish, the said Gaoler or Keeper shall forthwith finement,or by
report the sanae to the Directors, or One of them, for the Time personal Cor-
being ; and any One such Director shall haye Power to inquire rection.
upon Oath, and to determne concerning any such Matter so
reported to him or them, and to order the Offender to be punished
by dose Ccmfinement for any Term not exceeding One Month, or
by personal Correction.

XVII. Every Prisoner who shall be ordered to be detained in Additional
any Convict Prison, who at any Time shall break Prison, or who ^^^*"* ^
while being conveyed to such Prison shall escape from the Person ^J^^ breik.
or Parsons having the lawful Custody of such Prisoner, shall be i^g or attempt-
punished by an Addition, not exceedifig Two Tears, to the Term ing to break
of his S^itence ; and every Prisoner in any Convict Prison who l^rison.
at any Time shidl attempt to break Prison, or who shall forcibly
break out of his Cell, or make any Breach therein with Intent to
escape therefrom, or shall escape or attempt to escape when at
work outside the Prison, shall be punished by an Addition, not
exeeeding One Tear, to the Term of his Imprisonment.

XVHL Every Person who shall rescue any Convict who shall INmttlunent of
be ordered to be imprisoned in any Convict Prison, either during Persons rwcu-
the Time of lus Conveyance to or from any Convict Prison or Sf torescwf
of his Imprisonment therein, and also every Person who shall aid ck)nTicts.
in any such Rescue, shall be guilty of Felony, and every Person
having the Custody of any such Conyict as aforesaid, or being
employed by the Person haying such Custody as a Keeper, Under-
keeper. Turnkey, Assistant, or Guard, who shall knowingly and
wilUngly allow any such Convict to escape, also every Person
who^ by supplying Arms, Tools, or Instruments of Disguise, or
otherwise, shall in any Manner aid any such Convict in any
Escape, tiiough no Escape be actually made, and every Person
who shall attempt to rescue any such Convict, or aid in any such
Attempt, though no Rescue be actually made, shall be guilty of
Felony ; and oyery Person haying such Custody as aforesaid who
shall carelessly allow any such Conyict to escape shall be guilty

R 4 of

248

C.76.

17" &1«" VICTORIA

A.D.1854.

Punishing Offi-
cers for Air-
nishlDg Con-
Ticts with
prohibited
Articles.

Directors may
act as Justices
of the Peace.

Penalty for
fiilse Evidence.

Protection of
the Directors
and Officers,

Limitation of
Actions.

Mode of Trial
and Conviction.

of a Misdemeanory and, being lawfuUj convicted of such Mis-
demeanor, shall be liable to Fine or Imprisonment, or to both, at
the Discretion of the Court.

XIX. Every Officer or Servant of any Convict Prison, or any
other Person or Persons, who shall bring in or carry out, or
endeavour to bring in or carpy out, or knowingly allow to be
brought in or carried out, to or for any Convict, or carry to any
Convict while employed outside the Prison Walls, any Money,
Clothing, Provisions, Tobacco^ Spirits, Letters, Papers, or other
Articles whatsoever, not allowed by the Rules of the said Prison,
shall, if an Officer or Servant of the Prison, be subject to Dia-
missal from Office, or, if it be thought fit, such Officer or other
Person or Persons shall, upon the Order of any of the Directors
of Prisons, be apprehended and carried before a Justice of the
Peace, who shall be empowered to hear and determine any such
Offi^nce in a sunmiary Way ; and every %uch Officer or Servant, or
other Person or Persons, upon Conviction of such Offiance before
a Justice of the Peace, shall be liable to pay a Penalty not ex-
ceeding Fifty Pounds, or, in the Discretion of the Justice, to be
imprisoned in the Common Gaol or House of Correction, there to
be kept, with or without Hard Labour, for any Period not ex-
ceeding Six Calendar Months.

XX. It shall be lawful for the Directors of Prisons, or any of
them, and he or they are hereby authorized, in any Prison, either
on Land or on board any Vessel, and also in every Place wherein
any Offisnders under Rule or Order of Sentence of Transportation
or Penal Servitude shall be detained, or shall be employed to
labour, to act in every respect as a Justice or Justices of the
Peace as if he or they had been named in the Commission of the
Peace, and had been duly qualified to act as a Justice or Justices
of the Peace for the County or Place in which such Place of
Confinement or Convict Prison shall be, or any Convict shall be
employed to labour.

XXI. Every Person who, upon Examination on Oath or Affir-
mation before the said Directors of Prisons, or any of them, shall
wilfully give false Evidence, shall be liable to the Pains and
Penalties of Perjury.

XXIL The Provisions of all Acts of Parliament for rendering
Justices of the Peace more safe in the Execution of the Duties
of their Office shall extend to the Directors or any of them, and
the several Governors or other Officers of Convict Prisons acting
in the Execution of this Act.

XXIIL All Actions, Suits, and Prosecutions to be commenced
against any Person or Persons for anything done in pursuance of
this Act shall be laid and tried in the County or Place where the
Fact was committed, and shall be commenced within Six Months
after the Fact committed, and not otherwise nor afterwards.

XXIV. Every Convict or other Person who shall commit any
Offence mentioned in this Act, or in any way relating to any Con-
vict Prison for which he is not liable to be summarily convicted,
may be tried before the Justices of Oyer and Terminer at Dublin^
or for the County in which the Offender shall be taken ; and in
any Case of any Prosecution for any such Offence, either against
a Convict or against any other Person or Persons concerned therein

or

A.D.1854. 17» & 18» VICTORIA C. 76. 249

or aoceasory thereanto, a Copy, properly attested, of the Order of
Commitment to such Prison, with Proof that the Person then in
question before the Court is the same who was delivered with
such Order, and Production of the Begister of the said Prison,
shall be saffident Evidence of all the Facts entered in such
Register as to such Convict, without the Production of any
Record of Conviction or other Proof that such Convict had been
convicted of Felony, and legally ordered to be imprisoned in any
Convict Prison.

XXV. From and after the passing of this Act, all Prison Clothing to be
Clothing required to be supplied to Convicts on Bemoval to fiiraWiedby
Convict Prisons from any Gaol or other Place of Confinement S^***" °^
in Irdamd shall be provided by the Directors of Prisons. ^'^

XX VL No Governor or other paid Officer of any Convict Officers not to
Prison shall, either in his own Name or in the Name of any other Jf concerned in
Person, provide, furnish, or supply for his own Profit any Mate- p^2ty*lbo/^
rials. Goods, or Provisions for the Use of any Convict Prison, nor
shall be concerned directly or indirectly in furnishing or supply-
ing the same, or in any Contract relating thereto, under Pain of
forfeiting the Sum of One hundred Pounds, with full Costs of Suit,
to any Person who shall sue for the same, by Action of Debt or
on the Case, in any of Her Majesty's Courts of Record at Dublin,

XXVlJL It shall and may be lawful for the respective Clerks Clerks of Crown
of the Crown, and they are hereby required, at each Assizes and uid Peace to
General Gaol Delivery in every Town, County of a City, and ^^5^*^*"
Connty of a Town in Ireland, and at every Special Commission yicte, '
of Oyer and Terminer and Gaol Delivery therein, and at every
Term or Session of the Commission of Oyer and Terminer and
Gaol Delivery for the Connty of Dublin^ or for the County of
the City of Dublin^ and the respective Clerks of the Peace are
also hereby required at each Quarter Sessions to furnish the Com-
missioners of Prisons vrith a complete Schedule, duly signed, in
the Form to this Act annexed, of the several Prisoners brought
to Trial and sentenced to Transportation or to Penal Servitude at
sach Assizes and General Gaol Delivery, and at such Special Com-
mission, and at each and every Term or Session of the Commission
of the Connty of Dublin and of the County of the City of Dublin
respectively, and at each and every Quarter Session, specifying
the particular Crime of which each Prisoner was accused, and
stating the Sentence of the Judge on each Trial, and whether the
said several Sentences have been executed respectively, or whether
the whole or any and what Part or Parts of them have been re-
mitted, and to transmit the same to the said Directors of Prisons
within Ten Days after the Termination of the said Assizes, Gaol
Delivery or Charter Sessions aforesaid, and the Copy of the said
Schedule, or all or any Part thereof, duly certified by the Directors
of Prisons, shall be deemed to be a Caption, and due and sufficient
Evidence of the Order or Rule of Court in respect of any such
Prisoner.

XXYin. The Directors to be appointed by the Lord Lieutenant Officers of the
under this Act, and the Governors, and all inferior Officers what- Convict
soever belonging to Convict Prisons in Ireland, shall be within ^"^^^the fto-
the Provisions of the several Acts passed for regulating Pensions, ^^^^ ^f^;^
Compensations, and Allowances to be made to Pci*sons in respect several Saper-

of annuation Acts.

250

G76.

17« & 18° VICTORIiE.

A.D.1854.

Penalty on Per-
sons treBpassmg
on Grounds, &c
pertaining to
Convict
Prisons.

^Lord Lien-
tenant"

of their having held Civil Offices in Her Majes^s Service to all
Intents and Parpoees as if the said Directors, Qovemors, and
Officers of the said several Convict Prisons had been mentioned
in the Schedules to the said Acts.

XXIX. All Persons who shall be fonnd trespassing upon any
Grounds^ Buildings, Yards, Offices, or other Premises wlurtsoever,
belonging or pertaining to anj Convict Prison, or shall enter the
same wi&out being an Officer of the said Prison, or authorised
bj Leave bj anj of the Directors of Prisons, or the Governor of
the said Convict Prison^ shall, upon Conviction thereof before a
Justice of the Peace for the Countj in which any such Convict
Prison may be situate, be adjudged to pay a Fine not exceeding
for the First Offisnce Forty SlulUngs, to be recovered in the usual
Way, or in default of Payment then the Offisnder may be sent to
the Common Gaol, with or without Hard Labour, for any Period
not exceeding One Month ; and for a Second or subsequent Oflfenoe
the Offender may be fined in any Sum not exceeding FivePounda,
to be recovered in the same usual Way, or in default to be liable
to Imprisonment, with or without Hard Labour, for a Period not
exceeding Three Calendar Months.

XXX. The Expression <*Lord Lieutenant" shall be deemed
to extend to and include any Chief Governor or Grovemors of
Ireian(L

SCHEDULE to which tibis Act refera.

I

Dated this
of

Day-J,

A.B.

Clerk of the Crown
[or Peace] for

CAP.

A.Da854. 17* & 18' VICTOBI^ 0.77. 251

CAP. LXXVIL

An Act to provTde for the Mode of passing Letters Patent
and other Acts of the Crown relating to India, and for
Testing certun Powers in the Governor General of India
in ConnciL [7th August 1854.]

< Vl/^HEREAS Doubts may arise as to the Mode of passing
' ^^ Letters Pfttent and other Acts of the Crown relating to

* India in certain Cases where Her Migest/s Pleasure is to be
' signified under Her Rojal Sign Manual, and it is expedient to

* remoTe such Doubts, and to provide an unifonn Mode of pro*

* eeeding in such Cases : And whereas it is expedient to provide
' for the Administration bv the Governor General of Adia in

* Council of such Parts of the Territories for the Time being

* under the Government of the East India Company as it may

* not be advisable to include in any Presidency or Lieutenant*
' Governorahip, and to vest in such Governor General of India
' in Council the Powers now vested in the Grovemor of the Pre-
' sidency of Fori WiUiam in Bengali Be it enacted and declared,
therefore^ by the Queen's most ExceUent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same as follows :

L Whenever it shall please Her Majesty to cause Letters Patent Wamnts, &e.
to be issaed under the Great Seal of tiie United Kingdom for the under Boyal
Nomination or A{>pointment of any Person to any Office in India^ Sign Manual
or to any Office relating to the Government thereof, or for any ^Jj^^^
other Purpose whatsoever relating to India, the Warrant under oonntersigned
Her Majesty's Royal Sign Manual for causing such Letters Patent by President of
to be passed Tinder the said Great Seal shall be countersigned by Board of
tbe President of the Board of Commissioners for the Affiurs of ControL
IndiOy and by no other Person, and shall be sealed witb the Privy
Seal, for which sealing such Royal Sign Manual so countersigned
shall be sufficient Warrant to the Lord Keeper of the Privy Seal,
and such Warrant under the Royal Sign Manual, so countersigned
and sealed as idToresaid, shall be a sufficient Authority to the Lord
High Chancellor, or Lord Keeper or Lords Commissioners of the
Great Seal of the United Kingdom, for passing Letters Patent
under such Great Seal, according to the Tenor of the same War-
rant ; and whenever Her Majes^^ Royal Sign Manual is or may
be required to any Warrant or Writing for the Appointment or
Removal of any Person to or from any Office in India, or any
Office relating to the Government thereof, or is or may be re-
quired to any Warrant or Writing, for the Purpose of signifying
Her Majesty's Approbation or Consent to any Appointment or
Removal to or from any such Office, or for any other Purpose
whatsoever relating to India, such Warrant or Writing shall be
coontersigned by the President of the said Board, and by no
other Person ; and every such Warrant or Writing as aforesaid
under Her Majesty's Royal Sign Manual which may have been
heretofore countersigned by such President shall not be deemed
to have required any other Counter-signature or Verification.

IL During

352

C.77.

17« & 18° VICTORIiE.

A.D.1854L

IfOffice of Pre-
sident vacant,
then by Secre-
tary of State.

The immediate
Goyemment of
any Part of the
Indian Terri-
tories may be
-vested in the
Groyernor
General of
India in
CouQci].

Governor
General may
limit the Powers
of Governors
herein named.

Certain Powers
transferred to
the Governor
General in
Council

Fast Acts de-
clared valid.

Interpretation.

Act to be con-
strued with 16
& 17 Vict, c 95.

n. During anj Vacancy in the Office of President of the Board
of Commissioners for the Affairs of LuUOy anj Warrant or Writing
required under this Act or otherwise to be countersigned hy such
President shall be countersigned bj one of Her Majesty's Principal
Secretaries of State.

m. It shall be lawful for the Grovemor Grencral of India in
Council, with the Sanction and Approbation of the Court of
Directors of the East India Company, acting under the Control
and Direction of the Board of Commissioners for the Affairs of
India from Time to Time, by Frockmation duly published, to
take under the immediate Authority and Management of the said
Grovernor General of India in Council any Part or Parts of the
Territories for the Time being in the Possession or under the
Goyemment of the said Company, and thereupon to give all
necessary Orders and Directions respecting the Administration
of such Part or Parts of the said Territories, or otherwise to pro-
vide for the Administration thereof : Provided always, that no
Law or Regulation in force at any such Time as regards any
such Portion of Territory shall be altered or repealed except hy
Law or Eegulation made by the Governor General of India in
Council

IV. It shall be lawful for 'the said Governor General of India
in Council, with the like Sanction and Approbation, from Time to
Time to declare and limit the Extent of the Authority of the
Gt>vemor in Council, Governor, or Lieutenant Governor of Ben^
galy or of Agra^ or the North-west Provinces, who is now or may
be hereafter appointed.

"V. All Powers now or at any Time vested in or exercised by
the Governor in Council, or Governor of the Presidency of Fort
WiUiam in Bengal^ or in or by the Governor General of India in
Council in respect of such Presidency, and which for the Time
being shall not have been transferred to the Governor in Council,
Governor, or Lieutenant Governor of Bengal^ or of Agra^ or the
North-west Provinces, shall be vested in and may be exercised by
the Governor General of India in Council, and the Grovemor
General of India shaU no longer be the Governor of the said Pre-
sidency of Fort WiUiam in Bengal,

YI. All Acts of the Governor General of India^ or of the
Governor General of India in Council, done before the Com-
mencement of this Act, in respect to the Presidency o^ Fort Wil-
liam in Bengal, shall be as good and valid and of the same Force
and Effect as if done by the Governor of the said Presidency.

YIL In the Construction of this Act ** India" shall be construed
to mean the Territories for the Time being in the Possession and
under the Government of the East India Company.

YIII. This Act shall be read and construed as Part of the
Act of the last Session of Parliament, Chapter Ninety-five.

CAP.

A.Da854. 17* & 18** VICTORI-aS. C.78. 253

CAP. LXXVIIL

An Act to appoint Persons to administer Oaths, and to
sabstitute Stamps in lieu of Fees, and for other Purposes,
in the High Court of Admiralty of England.

[7th August 1854.]

* VI^EEREAS Douhts have arisen whether the '^Commis-

* ▼ ▼ « sioners to administer Oaths in Chancery" may lawfully
' administer Oaths, or take Declarations, Affirmations, or Attes*
' tations, in the High Court of Admiralty of England: And
' whereas it is expedient that fit and proper Persons should be
' forthwith appointed for such Purposes ; and it is also expedient

* to provide for the Collection of the Fees payable in relation to

* Proceedings in the said Court by means of Stamps to be pro-

* Tided and used for the Purpose :' Be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

L This Act may for all Purposes be cited as the '^Admiralty Short Title.
Court Act, 1854.''

n. This Act shall come into operation on the First Day of Commence-
Awigusi One thousand eight hundred and fifty-four. ™«nt of Act

III. It shall be hiwful for the Judge of the High Court of Ad- Jadge of Ad-
miralty of ETiglandj and he is hereby empowered, from Time to ™"*!*y ^jy.
Time and as and when he may think fit, to appoint any Person J^J^^^ Noto-
practinng as a Proctor, Solicitor, or Notary Public in any Part ^es to adminia-
of England and Wtdes to administer Oaths and take Declarations, ter Oaths, &c
Affirmations, and Attestations in or relating to any Matter, Suit,
or PEx>ceeding in the High Court of Admiralty of England; and
such Persons shall be styled *' Commissioners to administer
^ Oaths in Admiralty," and shall be entitled to charge and take
a Fee of One Shilling and Sixpence for every Oath administered
by them, and for every Declaration, Affirmation, and Attestation
taken by them, subject to any Order of the Judge of the said
Court varying or annulling the same.

lY. The Fiat or Document by which any such Commissioner Commisnoner's
shall be appointed shall bear a Stamp of One Pound, and it shall Appointment to
not be necessary that any such Appointment should be published hearali. Stamp.
in the London Gazette,

v. It shall not be necessary to sue out any Commission to take Personal An-
the personal Answers of any Party in any Matter, Suit, or Pro- sweni may be
ceeding in the said Court ;Tind any such Answers may be filed ^^^^ wiAout a
without any further or other Formality than is required in the ^*"'""""*o'*»
swearing and filing of an Affidavit.

VI. It shall not be necessary to sue out any Commission for the Examiners
Examination of any Witnesses in any Matter, Suit, or Proceeding empowered to
in the said Court ; and any Examiner appointed by any Order of ^^j^^**^'
the said Court shall have the like Power of administering Oaths as ^
Commissioners now have under Commissions issued by the Court

for the Examination of Witnesses.

VII. All Answers, Examinations, Affidavits, Depositions on Answers, Affi-
Oath, Declarations, Affirmations, and Attestations in or relating davits, &c^ how

tQ tobeswomand

254

C.78.

17° & 18° VICTOBLS.

A.D.1854.

tftkfm in £hu^
land and
Wales.

Answers, Affi-
davits, &C., how
to be sworn
and taken ont
of England and
Wales.

Penalty for *
false swearings
Ac

Penalty for
forging Signa-
ture or Seal of
Judge, 8tc em-
powered to
administer
Oaths under
this Act

Power to ap-
point Persons
under special
Circumstances
to administer
Oaths, &c

to any Matter, Suit, or Proceeding in the said High Court of Ad-
miralty shall and may be sworn and taken in England and Wales
before any such Commissioner appointed as aforesaid, or before
any Magistrate or Justice of the Peace, or before any Commis-
sioner to administer Oaths in Chancery.

Vni. All Answers, Examinations, Affidavits, Depositiona on
Oath, Declarations, Affirmations, and Attestations in or relating
to any Matter, Suit, or Proceeding in the said High Court of Ad*
miralty of England shall and may be sworn and ti^en in Scotland
or Ireland^ or the Isle of Man, or the Channel Islands, or any of
them, or in any Colony, Island, Plantation, or Place under the
Dominion of Her Majesty, in Foreign Parts, before any Judges
Court, Magistrate, Notary Public, or Person lawfully authorised
to administer OaUiB in such Country, Island, or Plantation, or
Place respectiyely, or before any of Her Majesty's Consuls or
Vice Consuls in any Foreign Parts out of Her Majesty's Domi*
nions ; and the Judge and other Officers of the said High Court
of Admiralty shall take Judicial Notice of the Seal or Signature,
as the Case may be, of any such Judges Courts Magistrate^ Notary
Public, Person, Consul, or Vice Consul attached, appended, or 8ul>-
scribed to any such Answers, Examinations, Affidavits, Depositions
on Oath, Declarations, Affirmations, and Attestations, or the Do-
cuments to be used in the said Court.

IX. All Persons swearing, declaring, affirming, or attestii^
before any Person authorized by this Act to administer Oaths
and take Declarations, Affirmations, and Attestations, shall be
liable to all such Penalties, Punishments, and Consequences for
any wilful and corrupt false swearing, declaring, affirming, or
attesting contained therein, as if the Matter sworn, declared,
affirmed, or attested had been sworn, declared, affirmed, or
attested before any Court or Person now by Law authorised to
administer Oaths and take Declarations, Affirmations, and Attes-
tations.

X. If any Person shall forge the Signature or the Official Seal
of any such Commissioner, Judge, Court, Magistrate, Notary
Public, or other Person lawfully authorized to administer Oaths
and take Declarations, Affirmations, or Attestations under this
Act, or shall tender in Evidence any Answers, Examination,
Deposition on Oath, Declaration, Affirmation, Attestation, or
other Judicial or Official Document^ with a false or counterfeit
Signature or Seal of any such Commissioner, Judge^ Court, Ma«
gistrate, Notary Public^ or other Person authorized as aforesaid,
attached or appended theretoi knowing the same Signature or Seal
to be false or counterfeit, every such Person shiJl be guilty of
Felony, and shall be liable to the same Punishment aa any
Offender under an Act passed in the Eighth and Ninth Years of
the Reign of Her present Mi^jesty, intituled An Act to faciHiat»
the Admission in Evidence of certain official and other Documente.

XL The Judge of the High Court of Admiralty of England
may, whenever it shall appear to him necessary so to do, authorise
any Person to adminbter Oaths and to take Affidavits, Depositions
on Oath, Declarations, Affirmations, and Attestations during the
Time such Person shall be on the High Seas, or in any Place not
within Her Majesty's Dominions, in or relating to Prise Pk'oceed*

inga

A.B.1854. 17^ & 18*> VICTORIJE. C.78. 255

inga in tlie Baid Court, and it Bhall not be necessary to affix anj
Stamp to the Fiat or Document bj which anj Buch Person shaU
be i4>pointed.

XII. Nothing herein contained shall abridge or lessen the Power of
Power of the Judge of the said High Court of Admiraltj of Eng^ J«^g« to issne
land as it now exists to issue Commissions as heretofore, and to ^°">^^mio]18 as
i4>point fit Persons to administer Oaths, take Affidavits, Deposi- ad^^^
tions OB Oath, Declarations, Affirmations, and Attestations^ and Oaths, &c.
geoerallj to execute any Commissions, nor shall affect in any
Manner the Powot of the Judge or Surrogates of the said Court
to administer Oaths and take Affidavits, Depositions on Oath,
Declarations^ Affirmations, and Attestations as heretofore, in or
relating to any Matter, Suit, or Proceeding in the said Court.

XUL Id ail Cases in which a Party has a Cause or Right of Power to Court
Action in the High Court of Admiralty of England against any to proceed hj
Ship, or Freight, Goods, or other Effects whatever, it shall not be way <rf Mom-
necessary to the Institution of the Suit for such Person to sue out ^'^^
a Warrant for the Arrest thereof but it shall be competent to
him to proceed by way of Monition, citing the Owner or Owners
of such Ship, Freight, Groods, or other Effects to appear and defend
the Soit, and upon satisfactory Proof being given that the said
Monition has been personally served upon such Owner or Owners,
the said Conrt may proceed to hear and determine the Suit, and
may make such Order in the Promises as to it shall seem right. *

XIV. Her Majesty may by Order in Council from Time to Her Majesty
Time vary, alter, or abolish all or any of the Fees payable in rela* may by Oider
tion to Proceedings in the High Court of Admiralty of Englandj ^^ Council yary,
and may substitute One or more Fee or Fees in lieu thereof^ and ^*«'t«f^boli«h
may direct that all or any of such Fees shall, from a Day to be ^^ ^^
named in soch Order and thenceforth, be collected by means of

Stamps, to be provided and used in manner herein-after men*
tioned.

XV. From and afler the Day named in such Order the Fees After snch
directed by such Order to be received by Stamps shall not be Order Fees not
received in Money, but by a Stamp denoting the Amount of !^ ^ receiyed
the Fee which otherwise would be payable ; and where any Fee ^ m^'<rf**
shall be payable in respect of any Document, such Stamp shall, ^unpa,

mt the Expense of the Party liable to pay, and in such Manner and
ander suc^ Regulations as shall by any Order of the Judge of the
said Conrt be directed, be stamped or affixed on the YeUum, Parch-
ment^ or Paper on which the Proceeding in respect whereof such
Fee is payable is written, printed, or engrossed, or which may be
otherwise used in reference to such Proceeding.

XVL The Commissioners of Inland Revenue shall from Time Comndsfioners
to lime and as Occasion shall require give the necessary Direc- of InUmd Re-
tions for carrying the same into effect, and shall provide every- ^^ ^ ^^
thing that is requisite for that Purpose, and shall do or cause to ^^^J^to
be done evervthing that is necessary for the Receipt and CoUec- the Stainpt,and
tion of the Money to be paid for sudi Stamps, and the said Com- to keep sepa-
missioners shall cause separate and distinct Accounts to be kept n^ Acoonnts.
of all Sums of Money received or collected by them in respect
of the Sale of anch Stamps, and of all Costs, Charges, and Ex-
penses incurred by them, or by their Direction, in carrying the
I into effect.

XVn. The

256

C.78.

17' & 1^ • VICTORIA.

A.D.185'k

Provision for
Sale of Stamps.

Commissioners
of Inland Re-
venue may
make Regula-
tions as to
Allowance for
spoiled Stamps.

Provisions of
former Acts re-
lating to Stamps
to be applicable
tn Stamps under
this Act.

Ko Document
to be received
or used unless
stamped

Officers guilty
of Fraud or
wilful Neglect
in relation to
Stamps liable
bedismisMd.

XYII. The Commissioners of Inland Revenue may, if they
think it necessary to do so, authorize proper Persons for the Sale
and Distribution of all or any of the Stamps to be used under
this Acty and may allow to such Persons the usual or customary
Discount or Poundage thereon.

Xyin. The Commissioners of Inland Revenue shaU from
Time to Time make such Regulations as they shall think fit for
the Allowance of such Stamps issued under the Provisions of
this Act as may have been spoiled or rendered useless or unfit
for the Purpose intended, or for which the Owner may have no
immediate Use, or which through Mistake or Inadvertence may
have been improperly or unnecessarily used, and such Allowance
shall be made either by giving other Stamps in lieu of the
Stamps so allowed, or by repaying the Amount or Value to the
Owner or Holder thereof, after deducting the Discount or Pound-
age (if any) allowed on Stamps of the like Kind.

XIX. The Provisions contained in the several Acts for the
Time being in force relating to Stamps under the Care or Manage-
ment of the Commissioners of Inland Revenue shall (so far as
the same are applicable and consistent with the Provisions of this
Act), in all Cases not hereby expressly provided for, be of full
Force and Effect with respect to the Stamps to be provided under
or by virtue of this Act, and to the Vellum, Parchment, or Paper
on or to which the same Stamps shall be impressed or affixed^
and be applied and put in execution for collecting and securing
the Sums of Money denoted thereby, and for preventing, detecting,
and punishing all Frauds, Forgeries, and other Offences relating
thereto, as fully and effectually to all Intents and Purposes as if
such Provisions had been herein repeated and specially enacted
with reference to the said last-mentioned Stamps and Sums of
Money respectively.

Xa. No Document which by any Order as aforesaid ought to
have had a Stamp impressed thereon or affixed thereto shall be
received or filed or be used in relation to any Proceeding in the
High Court of Admiralty, or be of any Validity for any Purpose
whatsoever, unless or until the same shall have a Stamp impressed
thereon or affixed thereto in the Manner directed by such Order :
Provided always, that if at any Time it shall appear that any sach
Document which ought to have had a Stamp impressed thereon
or affixed thereto has, through Mistake or Inadvertence, been
received or filed or used without having such $tamp impressed
thereon or affixed thereto, the Judge of the said Court may, if
he shall think fit, order that a Stamp, not exceeding in Value
Four Times the Amount of such original Stamp, shall be impressed
thereon or affixed thereto ; and thereupon, when the proper Stamp
shall, in compliance with such Order, have been impressed on such
Document or affixed thereto, such Document, and every Proceed-
ing in reference thereto, shall be as valid and effectual as if such
Stamp had been impressed thereon or affixed thereto in the first
instance.

XXI. If any Officer of the High Court of Admiralty, or other
Person, shall do or commit or connive at any fraudulent Act or
Practice in relation to any Stamp to be used under the Provisions
of this Act, or to any Fee or Sum of Money to be collected or

which

A.D.1854. 17« & IS** VICTORIA C. 78, 79. 257

♦

which oaght to be collected by means of any snch Stamp, or if
any soch Officer or Person shall be guilty of any wilful Act,
N^lect, or Omission in relation to any such Stamp or Fee as
aforesaid, whereby any Fee or Sum of Money which ought to be
collected shall be lost, or the Payment thereof evaded, every such
Officer or Person so offending may be dismissed from his Office or
Employment by the Judge of the said Court.

XXIL It shall be lawful for the Commissioners of Her Majesty's Power to Trea-
Treasuxy, on the Recommendation of the Judge of the High Court ^ *® **'^®'
of Admiralty^ to order to be paid to any Person now or hereafter ^^^^ro«[
holding any Office or Employment in the said Court, who shall be ^en.
afflicted with some permanent Infirmity disabling him from the
due Execution of his Office, or shall be desirous of resigning the
same^ a Soperannuation or Allowance ; and in ascertaining and
awarding the Amount of such Superannuation or Allowance the
said Omimissioners shall proceed according to the Principles laid
down in the Act of the Fourth and Fifth Years of King PFilUam
the Fourth, Chapter Twenty-four.

XXnL Except where it shall be otherwise expressed, the ProTisioos to
Provisions of this Act shall apply to all Instance, Prize, and other «xtend toln-
Mattera, Suits, and Proceedings of which the High Court of Ad- "^^if,"*^
miralty may legally take cognizance. Matters.

CAP. LXXIX.

An Act for further regulating the Sale of Beer and other
Liquors on the Lord's Day. [7th August 1854.]

' WHEREAS the Provisions in force sgainst the Sale of n&^^^icL

* ^ ^ fermented and distilled Liquors on the Morning of the ^ '

' Lord's Day have been found to be attended with great Benefits,

' and it is important to extend such Provisions :' Be it enacted

by the Queen's most Excellent Majesty, by and with the Advice

and Consent of the Lords Spiritual and Temporal, and Commons,

in this present Parliament assembled, and by the Authority of the

same, as follows :

L That it shall not be lawful for any Licensed Victualler or laoenaed Vic-
Person licensed to sell Beer by Retail ta be drunk on the Premises *°*?,^!i^ft-.
or not to be drunk on the Premises, or any Person licensed or ^TOning Hooset
authorized to sell any fermented or distilled Liquors, or any Person for Sale of
who by reason of the Freedom of the Mystery or Craft of Vintners Beer, &e.
of the City of London^ or of any Right or Privilege, shall claim during certain
to be entitled to sell Wine by Retail to be drunk or consumed on Horn of Sun-
the Premises, in any Part of England or IVales, to open or keep ^* ^'
open his House for the Sale of or to sell Beer, Wine, Spirits, or
any other fermented or distilled Liquor between Half-past Two
o*Oiock and Six o'Clock or after Ten o'Clock in the Afternoon,
on Sumdc^, or on Christmas Day, or Good Friday, or any Day
appointed for a Public Fast or Thanksgiving, or before Four
o'clock in the Morning of the Day following such Sunday,
Ckriiimas Day^ or Good Friday, or such Days of Public Fast and
Thaokagiying, except as Refreshments to a bond fide Traveller
or a Ijodger therein.
17 h 18 Vict. S IL That

258 C. 79, 80. 17« & 18 « VICTOR^-ffi. A.D.1854.

Houaea, &a 11. That no Person shall open any House or Place of Public

of public He- Resort for the Sale of fermented or distilled Liquors^ or sell

sort prohibited therein such Liquors, in any Part of England or I4^ale$ between

o^Jdfof Sale Half-past Two o'Clock and Six o'Clock or after Ten o'Clock in

ofLiquore, &c the Afternoon, on Sunday, or on Chrutmat Day or Good Friday^

on Sundays, &c or any Day appointed for a Public Fast or Thanksgiving, or before

Four o'clock in the Morning of the Day following such SundaySj

Christmas Day, or Good Friday, or such Days of Public Fast and

Thanksgiving, except as Refreshment for Travellers.

Poiter to Con- III. That it shall be lawful for any Constable at any Time to

stables to enter enter into any House or Place of public Resort for the Sale of

Houses, &c g^j.^ Wine, Spirits, or other fermented or distilled Liquor or

Liquors ; and every Person who shall refuse to admit or shall not

admit such Constable into such House or Place shall be deemed

guilty of an Offence against this Act

Penalty for IV. That every Person who shall offend against this Act shall

Offences against be liable, upon a summary Conviction for the same before any

this Act Justice of the Peace for the County, Riding, Division, Liberty,

City, Borough, or Place where the Offence shall be committed, to

a Penalty not exceeding Five Pounds for every such Offence, and

every separate Sale shall be deemed a separate Offence.

CAP. LXXX.

An Act to provide for the better Registratbn of Births,
Deaths^ and Marriages in Scotland. [7th August 1854.]

* ^lYTHEREAS it is expedient that a complete and uniform

* ^^ System of Registration of Births, Deaths, and Marriages

* should be established and maintained in Scotland:* Be it enacted
by the Queen's most Excellent Migesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of the
same, as follows :

Present System L From and after the Thirty-first Day of December One

of Registration thousand eight hundred and fifty-four, the present System of

taeeaseoa Registration of Births, Deaths, and Marriages in Scotland shall

beTi^T^d ^*^ *^^ determine, in so far as regards Births, Deaths, and

this Act to^ Marriages taking place after the said Thirty-first Day of December,

come into And this Act shall come into operation : Provided always, that it

operatioii. shall be competent for any Person to register, on or before the

Thirty-first Day of December One thousand eight hundred and

fifty-five, in the Registers kept and in use before the passing of

this Act, any Birth, Death, or Marriage which shall have taken

place on or before the Thirty-first Day of December One thonsaod

eight hundred and fifty -four, in the same Manner as if this Act

had not been passed : Provided also, that all existing Registers

of Births, Deaths, and Marriages, including all such Entries as

may be made as aforesaid, and all Extracts and Certificates from

such Registers, shall be and remain of the same legal Force and

Effect in all respects as if this Act had not been passed.

Her Mijesty IL On and after the passing of this Act it shall be lawftd for

may provide an Her Majesty to provide a proper Office in the General Register

A.D.1854. 17** & 18* VICTORUE. C.SO. 259

House at Edi$tburgh^ to be called '' The General Registry Office Office, and ap-
of Births, Deaths, and MarriageSy" in which shall 1^ kept and point a ECegis-
pieserred a Register of all Births, Deaths, and Marriages in Scot- ^^^ GcneraL
iandf and to appoint, under the Seal appointed to be nsed in
Seoilamd in place of the Great Seal thereof, the Person for the
Time being holding the Office of the Deputy of the Lord Clerk
Register of Scoeiand to be Registrar General of Births, Deaths,
and Marriages in Seodand; and such Registrar General shaU be
paid, in addition to whatever SaUiry he may enjoy as Deputy
Clerk Register, a Salary not exceeding Four hundred Pounds
per Anmum.

HL It shall be lawful for the Registrar General, with the The Registrar
Approbation of the Commissioners of Her Majesty's Treasury of General may
the United Kingdom of Greai Britain and Ireland for the Time g^J^^J^
being, to appoint a Secretary, who may act in bis Absence with '^^*^-
all the Powers and in the Discharge of all the Duties hereby given
to or imposed upon the Registrar General ; and such Secretary
shall be paid a Salary not exceeding Three hundred Pounds per
AnmnMrn

IV. It shall be lawful for the Registrar General, with the Appointment of
Approbation of the said Commissioners of Her Majesty's Treasury, Clerks and
to appoint such Ckrks, Officers, and Servants as shall be deemed ®^«' Officers.
necessary to carry on the Business of the General Registry Office,
and at pleasure, with the like Approbation, to remove them or
any of them, and, with the like Approbation, to fix the Salaries
of such Clerks, Officers, and Servants, according to the Duties and
Services which they may have respectively to perform.

Y. The Salary of the Registrar General and Secretary, and Expenses of
all the Expenses of the General Registry Office, including the Registry Office
Expenses of Clerks, Officers, and Servants, and of Books and ^^^^ *^'
Stationery, and of making and copying Indexes and Inventories, ^^^ ^^^
and in relation to Sessional Registers or private Burial Registers,
and all Expenses incurred from Time to Time in the Publication
and Transmission of Notices in pursuance of this Act, or other-
wise, under the Directions and by the Authority of the Registrar
General, or of the Sheriff, and all other Expenses connected
with the Business of the said Office not herein otherwise provided
for, shall be paid by the said Commissioners of Her Majesty's
Treasury out of any Monies to be hereafter voted by Parliament
for thai Purpose.

VL One of Her Majesty's Principal Secretaries of State, or Regulations for
tlie Registrar Greneral with the Approbation of such Principal Mwiagement of
Secretary, shall and may from Time to Time make Regulations for ^^^*"f offi-
the Management of the General Registry Office, and for the Dis- ^„ ^ ^
charge of the Duties of the Registrar General, Clerks, Officers, framed.
and Servants of the said Office, and of the Registrars and Assistant
Registrars herein mentioned, so that such Regulations be not con-
trary to the Provisions of this Act ; and the Regulations so made
and approved shall be binding on the Registrar General and
Secretary, and the Clerks, Officers, and Servants, and on the Re-
gistrars and Assistant Registrars ; and a Copy of all such Regu-
lations shall be laid before both Houses of Parliament within Six
Weeks after the same are approved of, or if Parliament shall not

S 2 be

260

C-80.

17"&18« VICTORIiEJ.

A.D.1854.

Abstractor
Begisten to be
laid annually
before Fuv
liament

Registrar for
each Parish to
be elected by
the Parochial
Board.

Meeting of
Parochial
Board to be
called by the
Inspector of the
Poor.

Parishes may
be divided or
united.

be then Bitting, within One Month after the Commencement of the
next Session.

Vn. The Registrar General shall transmit once in every Year
to Her Majesty's Secretary of State for the Home Department a
General Abstract of the Numbers of Births, Deaths, and Mar-
riages registered during the foregoing Year, in such Form and at
such Date as such Secretary shall from Time to Time prescribe ;
and every such annual General Abstract shall be laid before Par-
liament within One Month after Receipt thereof, or if Parliament
shall not be then sitting, within One Month after the Commence-
ment of the next Session.

ym. A Registrar of Births, Deaths, and Marriages shall be
elected in manner herein-after .^provided by the Parochial Board
of each Parish, (including the several Parishes erected or to be
erected under the Provisions of an Act passed in the Seventh and
Eighth Year of the Reign of Her present Majesty, Chapter Forty-
four,) not being a Burgh or Part of a Burgh, appointed and acting
under an Act passed in the Eighth and Ninth Year of the Reign
of Her present Majesty, Chapter Eighty-three, and such Parochial
Board shall be the Judges of the Qualification of Persons to be
elected to the Office of Registrar: Provided always, that any
Session Clerk who is in Office at the Date of the passing of this
Act shall be the Registrar under this Act for the Parish of which
he is Session Clerk, unless it shall be proved to the Sheriff that
he is unfit for the Office of Registrar, or that the Duties he has
to discharge are incompatible with such Office.

IX. The Meetings of the Parochial Board in any such Parish
for the Trial of the Qualifications and the Election of a Registrar
shall be called by the Inspector of the Poor acting under the said
Act, by the Direction either of the Sheriff or of the Parochial
Board, in such and the like Manner as the ordinary Meetings of
the Parochial Board are called under the said Act, and such
Meetings shall be called and held forthwith after the passing of
this Act; and such Inspector shall, within Six Days after a
Vacancy in the Office of Registrar of the Parish of which he is
Inspector shall become known to him, apply to the Sheriff or the
Parochial Board to appoint a Time and Place for a Meeting of
the Parochial Board for the Purpose of electing a Registrar to
supply such Vacancy ; and in case there shall happen to be no
Inspector for the Time, the Chairman of the Parochial Board
shall make such Application to the Sheriff, or shall himself appoint
a Time and Place for such Meeting : Provided, that if the Vacancy
be caused by the Death of a Registrar who was a Schoolmaster,
it shall be competent to the Sheriff, or, with the Consent of the
Sheriff, to the Parochial Board, or Chairman calling the Meeting,
to postpone the Election, for any Period not exceeding Foar
Months, until the Election of the Successor of such Schoolmaster.

X. If it shall at any Time appear to the Sheriff that it is de-
sirable that any Parish should be divided, or that Two or more
Parishes or Portions of Parishes should be united into One Dis-
trict, the Sheriff may divide such Parish or unite such Parishes
or Portions of Parishes into One or more Districts as he shall
think fit^ and each such District shall be held to be and be a

separate

A.D.1854. 17« & 18* VICTORIA C-SO. 2B1

aeparate PHriflh for the Purposes of this Act ; and the Sheriff shall
fix the distinetiTe Name by which each such District shall be
called for the Purposes of this Act; and a written or printed
Notioe of such Division or Union, setting forth such distinctive
Karnes, shall be affixed on the Doors of all the known Places of
Public Worship within the Parish or Parishes thereby affected
for Three consecutive Weeks before such Division or Union shall
come into operation, and be published Twice a Week for Three *
consecutive Weeks in Two Newspapers published or usually cir-
culated in the Parishes or in the County in which the same are
situated : Provided always, that any Session Clerk who, under the
Provisions of this Act, would be entitled to be Registrar of any
Parish, shall be the Registrar of such One of the said Districts
as shall be appointed by the Sheriff.

XI. It shall be lawful for the Sheriff, if he shall deem it expe- Sheriff may
dient, in order to avoid any Doubt as to the Boundary of a Parish annex small
or odierwise, to annex, for the Purposes of this Act, any small P^on o^
Portion of a Parish to an adjoining Parish: Provided always, JieS^h*
that any Charges payable out of the Parochial Funds for Regis- a^'oining,
tratioiifl in respect of such Portion so annexed shall be payable
and paid by the Parish from which such Portion is detached to
the Parish to which the same is annexed : T^vided also, that the
Parochial Board of the Parish from which such Portion is taken
shall have no Voice in the Election of the Registrar of the Parish
to which the same is annexed.

XIL At the Time when this Act shall come into operation, and Election of
at any Time thereafter when there shall be a Vacancy in the Begistrarby
Office of Registrar, the Parochial Board shall, subject to the ^^*^*^
Provisions herein-before contained, by a Majority of the Votes ^<>*™'
of the Members present at a Meeting specially called for the
Purpose, elect the Registrar of the Parish or District ; and in
ease any Dispute or Difference shall arise as to the voting or
Majority of Votes at such Election, or any other Proceedings
connected therewith, the same shall be settled summarily by the
Sheriff on hearing verbally the Parties or their Agents ; and in
all Cases of temporary Vacancy of the Office of Registrar, by
Death or otherwise, the Sheriff shall appoint an Interim Registrar,
who shall, during the Time he shall act, have the like Powers
and be bound to discharge the like Duties as the Registrar ; and
in all Cases of the Election or Appointment of a Registrar or
Interim Registrar, such Election or Appointment shall, within Ten
Days thereof, be intimated in Writing to the Registrar General
by the Parochial Board or the Sheriff, as the Case may be.

XHI. In case there shall not be a Parochial Board acting under where there it
the said Act in any Parish or District at the Time when this Act no Parochial
shall come into operation, or at any Time thereafter, in which it Board Heritors
is necessary to elect a Registrar under this Act, the Heritors ^^^^l^
shall, subject to the Approbation of the Sheriff, appoint a Regis- ^^

trar therein.

XIV. It shall be lawful for every Registrar, with the Approba* Registrar may
tion of the Parochial Board, or where there is no Parochial Board appoint AmU-
with the Approbation of the Sheriff, to appoint, by a Writing tant.
under hi^ Hand, a fit Person, for whom he shall be responsible, to
be his Assistant in case of his Illness or unavoidable Absence, or

S 3 otherwise

262 C. 80. 17 » & 18 « VICTORLE. A.D.1854.

otherwise ceasing to hold his Office, until the Appointment of
another Registrar, and also to act in all Cases where such As-
sistant may be authorized or required so to do by any Regulation
to be made in virtue of this Act, and it shall also be lawful for
such Registrar, with the like Approbation, to dismiss such As-
sistant ; and the Entries made in the Registers of Births, Deaths,
snd Marriages herein-after mentioned, and Extracts made there-
from, and the Duties performed by such Assistant Registrar, shall
be of the like Force and Effect as if made or performed by the
Registrar : Provided always, that each Folio or Page of such
Roisters on which any Entry shall be made shall be signed by
the Registrar, and every such Entry shall be authenticated by
him, by affixing his Initials thereto, unless where the Registrar
shall by Indisposition or other sufficient Cause be unable to act,
in which Case such Assistant shall sign and authenticate such
Registers, and the Entries therein.
Begistrannot XY. No Registrar shall acquire any vested Right in or to his
to acquire Office by virtue of his Appointment ; and in case any Registrar

T^^cSa^^**"^ shall fail or neglect or refuse to dischuge the Duties of his Office,
and tobe^b- ^^ ®^*^ ^ un&t or incompetent to discharge such Duties, it shall
jecttoBemoyaL ^ lawful for the Parochial Board to make Application to the
Sheriff for his Removal from his Office of Registrar, and the
Sheriff shall thereupon hear Parties, and take such Proceedings
in reference to such Application^as he shall think fit ; and if the
Sheriff shall be of opinion that such Registrar has failed or
neglected or refused to discharge the Duties of his Office, or is
unfit or incompetent to discharge such Duties, the Sheriff shall
remove such Registrar from his Office of Registrar, and shall direct
Kotice of such Removal to be forthwith sent to the Parochial
Board, and to be published in the Parish of which he was the
Registrar, in such Manner as the Sheriff shall direct ; and such
Registrar shall, from and afler such Publication, cease to hold
his Office under this Act, and shall be incapable of being re-
appointed thereto, and the Parochial Board shaU, in manner herein
provided, elect a Registrar to supply the Vacancy caused by such
Removal ; and the Judgment of the Sheriff in all such Cases shall
be final, and not subject to Review in any Court or by any Process
whatsoever.
Appointments XYL The Appointments of the Registrar General, and Secre*
exempt fi:om tary, and of the several Registrars and Assistant Registrars under
Stamp Duty. ^.j^ig ^^^ ^^^j tj^^ certified Copies of Registers, Extracts, and
Certificates herein mentioned, shall be exempt from aU Stamp
Duties.
Fees payable to XYII. The Registrar shall be entitled to demand, in respect
Hegistrar. of Registration and the other Duties required to be performed by

him under the Previsions of this Act> the several Fees herein
authorized to be taken, and shall keep a correct Account of all
Sums received by him in virtue of this Act in the course of
each Year, and shall, within Ten Days after the Thirty-first Day
of t/ti/y yearly, deliver or transmit a Copy of such Account up
to the said Thirty-first Day of Juit/, authenticated by him, to the
Sheriff, to be preserved in the Sheriff Clerk's Office, and to be
furnished by the Sheriff to the Registrar General, and, if required*
to One of Her Majesty's Principd Secretaries of State.

XVIIL All

A.D.1854* 17 ^ & 18 • VICTORIiE. C. 80. 263

XVHL AH existing Parochial BegiBters, Minutes^ and Docu- Existing Begis-
mente of eyery Description relating to the Registration of Births^ ten, &&
Deaihsy and Marriages which shall have been kept in every Parish ?r^?!J*|^
prior to the First Day of January One thousand eight hundred ^rM^tted to
and Fifky-five shall, as far ss regwls such Begisters, Minutes, and the Begistrar
Documents made and entered prior to the Year One thousand General, and
eight hondred and twenty, be transmitted, under the Direction subsequent
of the Sherifl; to the Registrar G^eral, for Preservation in the ^^J*^"' *^
G^ieral E^istry Office at Edinburgh^ and as far as regards such ^p ^ the^
Registers, Minutes, and Documents from the Year One thousand i^gistrars.
eight hondred and twenty, inclusive, to the said First Day of
Jamuary One thousand eight hundred and fifty-five, shall be deli-
Tered over to the Custody and Care of the Person who shall be
appointed Registrar of the Parish under this Act ; and where any
I^ah shall be divided, such last-mentioned Registers, Minutes,
and Documents shall remain in the Custody of fiie Registrar of
that Portion of the divided Parish wherein such Registers, Minutes,
and Documents are at the Time of the Division ; and the Regis-
trar to whom such Registers, Minutes, and Documents shall be so
delivered shall, if required by the Registrar General, make or
cause to be made exact Inventories and Indexes thereof in so far
as such Inventories and Indexes do not already exist, noticing in
such Inventories any Blanks or Deficiencies therein or other
Matter requiring to be noticed; and an authenticated Copy of
each such Inventory and a Greneral Abstract of each such Index
shall be transmitted by him to the Registrar General, for Preserva^
tion in the Greneral Registry Office; and the Registers, Minutes,
and Documents, from the Year One thousand eight hundred and
twenty to the said First Day of January One thousand eight
hund]^ and fifty-five, hereby appointed to remain with the Regis-
trar of the Parish, shall, at the End of Thirty Years after the
said First Day of January^ be transmitted, under the Direction
of the Sheriff, to the Registrar General, for Preservation as afore-
said ; and all such Registers, Minutes, and Documents, and the
origUud Inventories, Lidexes, and General Abstracts, and the
authenticated Copies thereof, whether in the Custody of the Regis-
trar or Regbtrar General, may be searched, and certified Copies
of Entries taken therefrom, at all reasonable Times, by any Person,
upon Payment of the Fees authorized to be taken for the like
Searches and Copies made in or taken from the Registers and
Indexes appointed to be kept under this Act.

XIX. Provided always. That if in the Registers kept in any Frovision as to
Parish prior to the First Day of January One thousand eight Sessional
hundred and fifty-five there shall be entries of Births, Deaths, and Hegisters.
Marriages intermixed with Entries or Records relating to Sessional
or other Matters, it shall be lawful for the Sherifi* to direct either
that Copies of the Entries of Births, Deaths, and Marriages shall
be made and delivered to the Registrar of the Parish for the Pur-
poses and under the Provisions of this Act, so that the existing
R^ipster may remain in the Custody in which it then is, or that
Copies of the Entries or Records relating to such Sessional or
other Matters shall be made and delivered over to the Parties
interested therein, and the existing Register be delivered to the
R^istrar of the Parish i and in either Case such Copies shall bo

S 4 examined

264

C.80.

17« & 18« VICTORIJE.

A.D.1854^

FroTisioii as to

BarialBegi*'

ten.

The Sheriff to

superintend

Kegistrars.

Beguter Boxes
to be pro-
Tided.

Books and
Forms to be
provided.

examined hj the Sheriff and the Registrar, and authenticated hj
the Sheriff.

XX. And whereas Registers are kept at varions Burial Grounds
and Cemeteries which are private Property and maintained at
private Expense, and are necessary towards the Protection of the
Rights of the Owners thereof, such Registers shall, upon Proof to
the Satisfaction of the Sheriff to the above Effect, remain with
the Proprietors thereof : Provided, that correct Copies of all such
Registers in use on the Thirtj-first Daj of December One thou-
sand eight hundred and fifty-four shall be prepared and authenti-
cated at the Sight of the Sheriff, who shaU certify the same, and
shall be delivered to the Registrar of the Parish wherein such
Burial Ground or Cemetery is situated ; but nothing herein con-
tained shall, after the said Thirty-first Dav of December^ relieve
any such Proprietors from the Necessity of registering 'I>eaths in
the Parochial Registers under the Provisions of this Act.

XXI. The Sheriff of each County shall have the Control and
Superintendence of the Registrars of the several Parishes and
Districts within such County : Provided, that where a Parish
shall be situated in more Counties than one, such Parish shall,
for the Purposes of this Act, be held to be within the County in
which the Parish Church is situated.

XXn. The Registrar General shall furnish to the Registrar
of every Parish a strong Iron Box, to hold the Registers, Copies
of Registers, and all other Records, Papers, or Documents con-
nected with such Registers, in the Custody of the Registrar, and
every such Box for each Registrar shall be furnished with a Lock
and Two Keys, and no more, and One of such Keys shall be kept
by the Registrar, and the other Key shall be kept by the Sheriff;
and the Register Books of each Parish, while in the Custody of
the Registrar, and not in use, shall be always kept in the Register
Box, which shall always be left locked ; and where, from the
Number of Register Books, such Boxes may not be sufficient to
contain the same, such Register Books shall be deposited and
kept in Fireproof Places approved of by the Sheriff, which shall
be kept locked as such Boxes are hereby required to be.

XXITL Upon the Application of the Registrar General, there
shall be furnished to him from Time to IHme, from Her Majesty's
Stationery Office, all such Stationery, Books, Certificates, Sche-
dules, Notices, and Forms as shall be necessary in the Execution
of this Act, and as the Registrar General shall require and direct^
and the Regbter Books shall be of durable Materials, and in them
shall be printed upon each Side of every Leaf the Heads of In-
formation herein required to be known and registered of Births,
Deaths, and Marriages respectively, and every Page of each Book
shall be numbered progressively by printed Numbers from the
Beginning to the End of the Book, beginning with Number One ;
and each such Page shall be ruled and filled up according to the
Form given in the Three several Schedules (A,), (B.), and (C.)
hereunto annexed, and each separate Entry shall be numbered at
the Beginning thereof with successive Numbers, beginning with
Number One; and the Registrar General shall furnish to the
Registrar of every Parish or District a sufficient Number of
Register Books of Births, and of Register Books of Deaths, and

of

A.D.1854. 17* & 18» VICTORIiE. CSO. 265

of Register Books of Marriages, and of Certificates, Schedules,
Notices, and Forms.

XXIV. In everj Case in which any Registrar, Interim Regis- On Bemoval or
trar, or Assistant Registrar shall die or be removed from or resign Death of Begis-
or otherwise cease to hold his Office, all Register Boxes, Keys, trera, Register
Books, Documents, and Papers in his Possession as Registrar, Bo^ee, Books,
Interim R^strar, or Assistant Registrar, or which shall <come ^^j^red no to
into the Possession of his Representatives, shall be delivered up Successors.

as soon as convenientlj may be to his Successor in Office, or to
such other Person as the Parochial Board or the Sheriff shall
direct ; and if any Person shall refuse to give up any such Box,
Key, Book, Document, or Paper in such Case as aforesaid, it shall
be lawful for the Sheriff of the County where such Person shall
be or reside, upon summary Application made for that Purpose
by the Parochial Board or any one authorized by them, or with-
out such Application, to issue a Warrant for bringing such Per-
son before such Sheriff; and upon such Person not appearing
or not bebg found, it shall be lawful for the Sheriff to hear and
determine the Matter in a summary Way ; and if it shall appear
to him that any such Box, Key, Book, Document, or Paper is in
the Custody or Power of any such Person, and that he has re-
fused or wilfully neglected to deliver the same, the Sheriff is
hereby authorized and required to commit such Person to the
Common Gaol of such County, or to any legal Gaol or Place of
Confinement vrithin the same, near the Place where such Person
may be or reside, there to remain without Bail until he shall have
delivered up the same, or until Satisfaction shall have been given
in respect thereof to the Person in whose Custody the same ought
to be, or to the Parochial Board.

XXV. The Registrar and Assistant Registrar shall dwell or Begistrartto
have a known Place of Business within the Parish or District of dwell in Parish,
which he is Registrar or Assistant Registrar ; and every Registrar ^^ ^Vn ^eir
shall cause his Name, with the Addition of Registrar for the hotlbcs, and *
Parish or District for which he shall be so appointed, to be placed their Names to
in some conspicuous Place outside of or on or near the outer be affixed on
Door of his own Dwelling House, or of his usual Place of Busi- Doors of Places
ness if different or apart from his Dwelling House ; and the ^^^^^
Sheriff shall cause to be printed and affixed for Two consecutive ^^ ^'
Sundays in the Month of November One thousand eight hundred

and fii^-four, and in the Month of July yearly thereafter, upon
some conspicuous Place on the Doors of all the known Places of
Public Worship within the County of which he is Sheriff, and of
every Burgh in such County, a List of the Names and Dwelling
Houses or usual Places of Business, if different or apart from the
Dwelling Houses, of every Registrar and Assistant Registrar in
such County or Burgh respectively.

XXVL Every Registrar shall, subject to the Regulations to be Begistrer to
made as aforesaid, be and he is hereby authorisEcd and required to i^^rn and
inform himself carefully of every Birth and Death which shaU j^^^^IJl^
happen within his Parish or District, and to learn and register,
as soon after the Event as conveniently^may be done, and with-
out Fee or Reward, save as herein-after provided, in One of the
said Register Books, the Particulars required to be registered,
aooortling to the Forms in the Schedules (A.) and (B.) hereunto

annexed

260

C.80.

17" & 18' VICTOBI^,

AJ).18&4.

F&rents, &o.to
pye Infonnar
tion of Births,
and to sign thie
Begister.

Begistrar may
require any
Childto1>e
produced.

Indmation of
finding new-
bom Child or
dead Body of
new-born
Child.

fumexed respectively, tottching every snch Birth or every such
Death, as the Case may be, every such Entry being made in Order
from l^e Beginning to the End of the Book as aforesaid ; and ia
case of the Parish of the Birth being different from the Parish of
the Domicil of the Parents of the Child, the Begistrar of the Parish
of the Birth shall, within Eight Days after the Entrj of the Birth
in his Register, transmit a Copy of such Entry to the Begistrar of
the Parish of the Domicil, if known to him, and the Registrar of
the Parish of the Domicil shall forthwith transcribe such Entrj
in the Register of such Parish, and mark on the Margin of such
Entrj the Name of the Parish of the Birth.

XXVn. The Parents or Parent, or, in case of the Death or
Inability of the Parents, the Person in charge of any Child bom,
and the Occupier of every House or Tenement in which to his or
her Knowledge any Birth shall take place, and the Nurse present
at such Birth, and in the Case of an illegitimate Child the Mother
of such Child, or in case of the Death, Blness, or Inability of tho
Mother, the Person in charge of such Child, or the Occupier of
the House or Tenement in which to his or her Knowledge the
Child was bom, or the Nurse present at the Birth of such Child,
shall, within Twenty-one Days next after the Daj of such Birth,
and under a Penalty not exceeding Twenty Shillings in case of
Failure, attend personally and give Information to the Registrar
of the Parish or District in which the Birth occurred, to the best
of his or her Knowledge and Belief, of the several Particulars
required by the Schedule (A.) hereunto annexed to be registered
touching such Birth, and shall in Presence of the Registrar sign
the Register ; and in the event of Failure or Neglect so to give
Information, such Parents and Persons above specified, and also
any other Person having Ejiowledge of the Particulars, shall, upon
being required personally or by written Requisition, within Three
Months after the Date of such Birth, and under a Penalty not
exceeding Forty Shillings in case of Failure, attend personally
and give Information to the Registrar of the Parish in which such
Birth occurred, according to the best of his or her Knowledge and
Belief, of the several Particulars by the said Schedule (A.) re-
quired to be registered touching the Birth of such Child, and
shall sign the Register in the Presence of the Registrar.

XXVni. In case of any Doubt existing as to the Sex or re-
garding the Birth of any Child, it shall be lawful for the Registrar
to require the Production of the Child, and the Parents or any
Person in charge of the Child shall be bound to produce it to the
Registrar, unless prevented by the Illness of the Child, or other
Reason satisfactory to the Registrar, under a Penalty of Forty
Shillings in case of Noncompliance.

XXIX. In case any Person shall find exposed any new-bom
Child, or the dead Body of any new-born Child, such Person shall
forthwith give Notice of the finding of such exposed new-bom
Child, or the dead Body of such new-born Child, to the Registrar
of the Parish or District, or to tiie Inspector of the Poor thereof,
or to the District Cons^ble, and such Registrar or Inspector or
District Constable shall give the like Notice to the Procurator
Fiscal ; and any such Person, or Registrar, or Inspector, or District

Constable,

A.D.1854. 17* & 18» VICT0BLaB5. 0.80. 26?

Constable, failing to give the Notice faerebj required, sEall be
liable in a Penalty not exceeding Forty Shillings.

XXX. If anj Child of a Scoitiih Parent shaU be bom at Sea Be^isterof
on board of a British Vessel after the said Thirty-first Day of CMdren bora
December One thousand eight hundred and fifty-four, the Captain ^ ^^^
or Commanding Officer of such Vessel shall forthwith make a
Bfinute in the Log Book or otherwise of the sereral Particulars
hereby required to be registered, touching the Birth of such
Child, so far as the same may be known, and the Name of the
Vessel in which the same took place, and shall on the Arrival of
such Vessel in any Port of the United Kingdom, or by any other
earlier Opportunity, send a certified Copy of such Minute ^irough
the Post Office to the Registrar General in Edmburghy who shall
file the same, and shall cause a true and correct Copy thereof,
Terified by his own Signature, to be entered in a Book to be kept
for that Purpose in the General Registry Office, to be called *' The
Marine Register,** and the Registrar General shall keep such Book
with the Duplicate Registers according to the Provisions of this
Act ; and the Registrar General shall, within Three Days after
the Receipt of such Minute, transmit a like Copy to the Riegistrar
of the Parish in which the Child's Parents are or were last domi-
ciled, if known to him, and such Registrar shall forthwith enter
the Particulars specified in such Copy in his Register, noticing
snch Transmission therein, in such Manner as shaSl be prescribed
by the Registrar General,

XXXL After the Expiration of Three Months following the Registration
Day of the Birth of any Child it shall not be lawful for any after Three
Registrar to register such Birth save as herein provided ; and in ^^'^JJIk^^i,
case the Birth of any Child shall not have been registered \v^j^ ^ ^
according to the Provisions herein-before made, it shall be lawful
for either of the Parents of any legitimate Child, and for the
Mother of any illegitimate Child, or for the Guardians of any
l^ttimate or ill^timate Child, to make a Declaration in Writing
before the Sheriff^ of the Particulars required to be registered
touching the Birth of such Child, according to the best of his or
her Knowledge and Belief, and it shall thereupon, with the
Authority of the Sherifi^, be lawful for the Registrar to register
the Birth of such Child according to the Information of the
Person making such Declaration ; and in every such Case the
Sheriff before whom such Declaration is made shall sign the
EntiT of the Birth in the Register as soon as conveniently may
be aner such Declaration shall have been so made ; and for every
such Registration the Registrar shall be entitled, unless the Delay
shall have been occasioned by his Default, to a Fee of Two Shil-
lings from the Person requiring such Birth to be registered ; and
no Register of Births, except in the Case of Children bom at Sea,
shall be admissible in Evidence to prove the Birth of any Child
wherein it shall appear that more than Three Months have inter-
vened between the Day of the Birth and the Day of the Regis-
tration of the Birth of such Child, unless the Entry shall be
signed by the Sheriff: and every Person who shall knowingly
register or cause to be registered the Birth of any Child other-
wise than herein provided, after the Expiration of Three Months

following

268

C.80.

17<>&18« VICTORIA

A.D.1854.

Name giren In
Baptism after
Begistration
may be reg'a-
tered within
Six Months.

Provision fbr
Name given
-without
Baptism after
B^gistration.

Minister, on
Non-production
of Certificate of
Birth, to send

following the Day of the Birth of such Child, shall forfeit and
pay for every such OAence a Sum not exceeding Five Pounds.

XXXn. 1£ any Child whose Birth shall have been registered
as aforesaid shall have anj Name given to it in Baptism, or shall
have the Name by which it may have been registered altered in
Baptism, the Parent or Guardian of such Child, or other Person
procuring such Name to be given, may, if such Name shall be
given within Six Months after such Registration, or if beyond
Six Months, then only with the written Authority of the Sheriff,
granted on a Statement of the Circumstances submitted to him,
procure and deliver to the Registrar in whose Custody the Re-
gister of the Birth of the Child shall be^ a Certificate according
to the Form of Schedule (D.) to this Act annexed, or to the like
Effect, signed by the Minister who shall have administered the
Sacrament of Baptism, which Certificate such Minister is hereby
required to deliver as soon as may be after the Baptism, or
whenever the same shall be demanded, within Six Months, or if
after Six Months, then with the Authority of the Sheriff, as afore-
said ; and the Registrar, upon the Receipt of such Certificate,
and on Payment of the Fee of One Shilling, to which he shall
be entitled, shall, without any Erasure of the Entry of the Birth
in the Register, forthwith insert the Name by which the Child
was baptized in the Register, and shall, after Entry of the Name
in the Register, certify upon the Certificate the Fact of the Name
being so entered ; and in case the Duplicate Register in which
such Entry is recorded shall have been transmitted to the Regis-
trar General as herein-after directed, the Registrar shall transmit
the Certificate through the Post Office to the Registrar Greneral,
who shall cause the like Entry of the Name to be made in the
certified Copy of the Register in the General Registry Office^ and
shall preserve the Certificate.

XXXUL In the Case of any Child of Parents not recognizing
the Sacrament of Baptism or Infant Baptism, it shall be lawful
for such Parents or the Guardians of such Child, within Six
Months ailer the Birth of any such Child shall have been regis-
tered, or if after Six Months, then only with the written Autho-
rity of the Sheriff, granted on a Statement of the Circumstances
submitted to him, when any Name shall have been given to any
such Child by the Parents or Guardians of such Child« other than
that by which it may have been registered, to deliver to the
Registrar in whose Custody the Register of the Birth of such
Child shall be, a Certificate in the Form of the Schedule (E.) to
this Act annexed, or to the like Effect, signed by such Parents
or Guardians, whereupon, and upon Payment of a Fee of One
Shilling, such Registrar shall, without Erasure as aforesaid,
register therein the Name of such Child ; and such Certificate
shall be certified and transmitted by the Registrar to the Registrar
Greneral in the like Manner and to the like Effect as is herein*
before prescribed regarding Certificates in relation to Names
given in Baptism.

XXXIV. There shall be produced to the Minister or other
Person officiating in the Administration of the Sacrament of
Baptism of any Child a Certificate of the Registration of the Birth

of

A.D.1854. 17» & 18*> VICTORIA C.80. 269

of such Child, and failing such Production such Minister or other Notice to
Person shall forthwith intimate the Baptism of such Child, with B^;istrar.
all the Information which he may have regarding the Birth and
Parentage of such Child, to the Registrar of the Parish in which
the Parents of such Child reside.

XXXV. In the Case of an illegitimate Child it shall not be Name of Father
lawful for the Registrar to enter the Name of any Person as the of illegitimate
Father of such ChUd, unless at the joint Request of the Mother ^^^ ^^ *<> he
and of the Person acknowledging himself to be the Father of ^^^ ^f^
such Child, and who shall in such Case sign the Register as Fa^^d
Informant along with the Mother : Provided always, that when Mother; but if
the Paternity of any illegitimate Child has been found by Decree Paternity or
of any competent Court, the Clerk of Court shall, within Ten legitimacy of
Days after the Date of such Decree, send by Post to the Registrar ^^ ^f ^^
of the Parish in which the Father is or was last domiciled, or in cour^the
which the Birth shall have been registered, Notice of the Import Clerkto notify
of such Decree in the Form of the Schedule (F.) to this Act same to the
annexed, or to the like Effect, under a Penalty not exceeding Begistrar.
Forty Shillings in case of Failure ; and on Receipt of such Notice

the Registrar shall add to the Entry of the Birth of such Child in
the Roister the Name of the Father and the Word << Illegiti-
mate^" and shall make upon the Margin of the Register opposite
to such Entry a Note of such Decree and of the Import thereof ;
and in like Manner in the event of any Child registered as ille-
gitimate being subsequently found by Decree of any competent
Court to be legitimate, the Clerk of Court shall notify such
Decree to the Riegistrar, in the Form as nearly as may be of the
said Schedule (F.), who shall forthwith make upon the Margin of
the Register in which the Birth is entered, and opposite to such
Entry, a Note of such Decree and of the Import thereof, under a
Penalty not exceeding Forty Shillings in case of Failure.

XXXVI, In the event of any Child, registered as illegitimate, Correction of
being legitimated per subsequens matrimonium, the Registrar of Registration of
the Parish in which the Birth of such illegitimate Child was Children
r^stered shaU, upon Production of an Extract of the Entry of ^^!f^^ ^^
such Marriage in the Register of Marriages, note on the Margin ^tri^^um*
of the Register opposite to the Entry of the Birth the Legitima-
tion of such Child per subsequens matrimonium, and the Date of

^ the Registration of such Marriage : Provided always, that in aU
Cases in which the Paternity of such iU^itimate Child shall not
have been registered in manner herein-before provided as having
been acknowledged, or as having been determined by Decree^ the
Registrar shall not note any such Legitimation or Marriage oppo-
site to the Entry of the Birth of such Child unless authorized so
to do by Warrant of the Sheriff granted upon the joint Appli-
cation of both Parents, of which Intimation shall be made as
such Sheriff may direct, and after due Inquiry, and hearing any
Parties having Interest who may appear to oppose such Appli-
cation.

XXXyn. When any Entry of a Birth shall be made in a Ceitificateof
Register, npon the Information of any Person required to give Entry of Birth
Information under this Act, the Registrar on making such Entry to be given,
shall give or transmit by Post to the Informant, within Two Days
aAer the Date of the Entry, an Extract thereof, without Payment

of

270 C.80. 17« & 18» VICTORIA. A.D.1854.

of any Fee, under a Penalty not exceeding Forty ShillingB in case
of Failure.
PenoDBprefleiit, XXXYIIL The nearest Relatives present at the Death of any
&C. to give In- Person, and the Occupier of the House or Tenement in which the
fonnation of Death took place, and if the Occupier he the Person who shall
J^eath, and to j^^y^ ^^ hjg nearest Relatives and the Inmates of the House or
^^^^ Tenement in which such Death shall have taken place, shall,

* witbin Eight Days next after the Day of such Death, and under

a Penalty not exceeding Twenty Shillings in case of Failure,
attend personally and give Information to the R^strar of the
Parish in which such Death occurred, to the best of his or her
Knowledge and Belief, of the several Particulars required by the
Schedule (B.) hereunto annexed to be registered touching such
Death, and shall in Presence of the Registrar sign the Register ;
and in the event of Failure or Neglect so to give Information,
such Persons, and any other Person having Knowledge of the
Particulars, or if such Death shall not have taken place within
a House, then every Person present at such Death ot having a
Knowledge of the Circumstances attending the same, shall, upon
being required personally or by written Requisition, within Four-
teen Days after the Date of such Death, and under a Penalty
not exceeding Forty Shillings in case of Failure, attend personally
and give Information to the R^istrar of the Parish in which sudi
Death occurred, according to the best of his or her Knowledge
and Belief, of the several Particulars by the said Schedule (B.)
required to be roistered touching feuch Death, and shall sign the
Register in Presence of the Registrar.
In case of XXXIX. In the event of any Person dying not in a House or

Persona dymg Tenement the Occupier of the House or Tenement in which auch
not in a House. Person was at the Time lodging or residing, or if the Person
dying shall have been the Occupier, then the Inmates of such
House or Tenement, upon respectively receiving Information of
such Deadi, shall, within Twenty-four Hours l^ereafter, give or
cause to be given Notice thereof to the Registrar of the Parish
within which the Deceased lodged or resided, under a Penalty not
exceeding Forty Shillings in case of Failure ; and if it shall not
be known where the Deceased lodged or resided, any Person
present at the Death or finding the Body, and any Pariah or
public Officer, or any Party to whom the Body shall be brought,
and who shall receive the same, shall in like Manner, and under
the like Penalty in case of Failure, be bound to give the like
Notice thereof to the Registrar of the Parish in which the Body
shall be so found, or in which it shall be so received, and the
Registrar shall immediately thereupon communicate such Notice
to the Procurator Fiscal, under a like Penalty in case of Failure ;
and in case the Procurator Fiscal shall receive such Notice from
any other Person than the Registrar, the Procurator Fiscal shall,
within Three Days, coumiunicate such Particulars aa are by this
Act required to be registered, so far as within his Knowledge, to
the Registrar. ^

Proenrafor XL. Provided always, That in every Case in which a Precogni-

Fiscal to give tion touching the Death of any Person shaU be held, the Procn-
Resalt of Pre- r^tor Fiscal, having regard to the Particulars herein required to
cognition. Y^ registered concerning the Death, shall, in such Form and Manner

as

A.D.1854. 17^ & 18° VICTORLB. C. 80. 271

AS ahkU be prescribed bj the Sheriff, with the Approbation of the
Lord Advocate^ inform the Registrar of the Result of such Pre-
cognition, and the R^istrar shall, without requiring the Procu-
rator Fiscal to sign the same, make the Entry acoordinglj, stating
the Procurator Fiscal as his Informant.

XU. The Medical Person who shall have been in Attendance Medical
daring the last Dlness, and until the l!>eath of any Person, shall Auendant to
within Fourteen Days after the Death of such Person, and under a ^"^ S^
PeiuJtj not exceeding Forty Shillings in case of Failure, transmit ^ ^^ Begis-
to the Registrar a Certificate of such Death, in the Form of the trar.
Schedule (6.) hereunto annexed, the Particulars of which shall
forthwith be entered by the Registrar in the Register, and the
Registrar shall from Time to Time furnish gratis to every Medical
Person within his Parish or District known to him, or who shall
require the same, the necessary Copies of such Certificate.

XLIL The Undertaker or other Person having charge of the Undertaker to
Interment of any Person shall, within Three Days after such Inter- transmit Certi-
ment, and under a Penalty not Exceeding Forty Shillings in case fica^ of Inter-
of Failure, transmit to the Registrar a Certificate of such Inter- S^!l?®
ment, in the Form of the Schedule (H.) hereunto annexed, the ^*®8>»™^-
Particulars of which shall forthwith be entered by the Registrar
in the Register, and the Registrar shall from Time to Time furnish
gratis to every Undertaker within his Parish or District known
to him, or who shall require the same, the necessary Copies of such
Certificate.

XLIII. If anv of Her Majesty's Scottish Subjects shall die at Begiaterof
Sea on board of a BriiiMk Vessel after the said Thirty-first Day Penons dying
of December One thousand eight hundred and fifty-four, the ^8ea.
Captain or Commanding Officer of the Vessel on board of which
such Death shall have ^Etppened shall forthwith make a Minute in
the Log Book or otherwise of the several Particulars herein
reqniied to be inserted in the Register touching such Death, so far
as the same may be known, and the Name of the Vessel wherein
the Death took place, and shall, on the arrival of such Vessel in
any Port of the United Kingdom, or by any other eicrlier Oppor-
tunity, send a certified Copy of such Minute through the Post
Office to the Registrar General in Edinburghy who shall file the
earner and shall cause a true and correct Copy thereof, verified by
bis own Signature, to be entered in '* The Marine Register,^ and
shall within Three Days after the Receipt of such Minute transmit
a like Copy to the Registrar of the Parish in which the Deceased
was domiciled, if known to him, so that the Registrar thereof may
forthwith make the requisite Entry in the J^gister of Deaths ;
and in Cases of Shipwreck, the Captain or any Officer of the
Vessel who may have escaped, or if the Officers have all perished,
then any Person who may have escaped, and shall be required by
the Registrar General to that Effioct, shall to the best of his Know-
ledge comply with the Provisions and Requisitions in this Section,
as &r as die Case will admit.

XLIV. The Registrar, immediately upon registering any Death, Registrar to
or as soon thereafter as he shall be required so to do, shall without S>^« Certifi<»te
Fee or Reward deUver to the Informant, for the Use of the Under- ^ J^to^b?
taker or other Person having Charge of the Funeral, a Certificate delivered at
ond«r his Hand, according to the Form of Schedule (I.) to tliis interment

Act

272 C.80. 17" & IS** VICTORIA A.D.ia54.

Act annexed, that such Death had been duly registered ; and audi
Certificate shall, under a Penaltj not exceeding Ten Pounds in
case of Failure, be delivered hy such Undertaker or other Person
to the Person having the Charge of the Churchyard, Cemeiedrj,
Church, Chapel, Aisle, Vault, or other Pkce of Interment, or
liaving the Control, Management^ or Superintendence of the Banal
of the Dead in the Place of Interment in which the Body is to be
buried, previous to the Interment taking place ; and if any dead
Body shall be buried for which no Certificate shall have been so
delivered, the Person having Charge of such Churchyard or other
Place of Interment shall within Three Days thereafter, under a
Penalty not exceeding Twenty Shillings in case of Failure, give
Notice thereof to the Registrar of the Parish in which such D^th
shall have happened, according to the Form of Schedule (H.) to
this Act annexed.
Begifltrar may XLY. If the Parties bound to give Information to the Registrar
require Parties for completing his Register shall not attend him for that Purpose,
to attend him to i^q gi^j^^ make Intimation to them requiring them to attend him
give Informa. ^^^ ^^^j^ Purpose at his Pkce of Abode or known PUice of
^^ Business where the Register is kept, at an Hour to be fixed in

such Intimation, between the Hours of Eight of the Clock in the
Morning and Six of the Clock in the Evening ; and in case of
their failing to attend, then the Registrar shidl make a Second
Intimation to the like Efiect, and if the Parties shall again fail to
attend, the Registrar shall apply to the Sheriff, who, upon Evidence
to his Satisfaction of such Failure after Two successive Intimations
as aforesaid, shall issue his Warrant for compelling the Attendance
of the Parties so failing, which may be executed by any Sheriff
Officer ; and if the Expenses of such Warrant shall not be reco«
vered from the Parties failing to attend as aforesaid, it shall be
lawful for the Registrar to include the same in the Account to be
furnished by hun to the Parochial Board as herein-after directed.
Begistration of XLVL Li all Cases of regular Marriages, when the Certificates
regular of the Proclamation of the Banns are given out, such Certificates

Marriages. shall be accompanied by a Copy of the said Schedule (C), and
upon the Solemnization of the Marriage, such Schedule, having
all the Information thereby required inserted therein, shall be
produced to the Minister solemnizing the Marriage, or to the Person
solemnizing any Marriage according to the Rites and Forma
respectively observed by Jews and Quakers^ or shall be filled op
in the Presence of such Minister or Person, and shall be signed by
the Parties contracting the Marriage, and by the Witnesses, Male
or Female, present thereat, not being less than Two, and also by
the Minister or Person officiating, and be delivered to the Parties
contracting the Marriage, who shall within Three Days thereafter
either deliver or send by Post such Schedule to the Registrar of
the Parish wherein the Marriage was solemnized ; and the Husband,
and failing the Husband the Wife, shall in case of Failure so to
deliver or send such Schedule be liable in a Penalty not exceeding
Ten Pounds ; and upon being received by the Registrar, the Par-
ticulars of such Schedule shfldl be forthwith entered by him in the
Duplicate Registers ; and all such Schedules shall be taken by
the Registrar with the Duplicate Registers to the Sheriff, and shaU
be transmitted by the Sheriff with the Duplicate Roisters to the

Registrar

A.D.1854. 17" & 18* VICTOBl^ C.80. 27S

Segiatrar General, for Preserration in the General Registry
CMIce.

XLVII. It shall be competent to the Persons intending to con- Segistrar to
tract Marriage to require the Registrar of the Parish to attend at attend Parties
the Solemnisation thereof, at any Place within such Parish ; and ^^*®" required
such Registrar is hereby required, upon a -v^-ritten Notice of Forty- ManSffeL
eight Hours given to him to that Effect, to attend with the Register
Book accordingly, and to make the proper Entry therein, and for
such Attendance and Entry the Registrar shall be entitled to a
Fee of Twenty Shillings, besides the Sum of Sixpence for each
Mile which such Registrar shall be obliged to travel in going from
his Place of Abode to the Place of such Marriage.

XLYIII. In the event of any Persons being convicted before Marriages of
any Justice of the Peace or Magistrate of having irregularly con- ^^^^ fined
tracted a Marriage, it shall be lawful for either of the Parties to ^^*'*'*' ^
such irregular Marriage, and they are severally hereby required, Marriagw *°
to register such Marriage in the Parish in which such Conviction established by
shall have taken place ; and in case of any Marriage being esta- Decree of
bUshed by a Decree of Declarator of any competent Court, it shall Declanitor, to
be lawful for either of the Parties to the Action in which such ^ '^gw**^^
Decree was pronounced to register such Marriage in the Parish of
the Domicil of such Parties, or the Parish of their usual Residence ;
and the Production to the Registrar of an Extract of such Con-
viction or Decree of Declarator shall be sufficient Evidence and
Warrant for the Registration of such Marriages, on Payment to
the Registrar of a Fee of Twenty Shillings.

XLIX. The Magistrate before whom or the Clerk of Court in Convictions in
which any such Conviction has taken place, and the Clerk of '^regalBr Mar-
Court in which any such Decree of Declarator has been pro- S^^^f
nounced establishing any Marriage as aforesaid, shall, upon such Declarator of
Conviction so taking place or upon such Decree being so pro- Marriages to be
Bounced, give Information to the Registrar of the Parish in which intimated to
such Conviction took place, and in case of a Decree of Declarator, Rcgw*'*''.
to the Registrar of the Parish of the Domicil, or of the Parish of
the usual Residence of the Parties to the Action of Declarator, by
Notice of the Import of such Conviction or Decree, in the Form
of Schedule (K.) to this Act annexed ; and any such Clerk of
Court fiuling so to do shall be liable in a Penalty not exceeding
Forty ShiUings, which may be prosecuted for and recovered at the
Instance of t£e Registrar.

L. Every Registrar shall make out an Account twice in every Registrars to
Tear of the Number of Births, Deaths, and Marriages which he make out
ahall have registered in the Half Years terminating on the last ^^^^ ^
Day of June and the last Day of December next preceding, and Births, Deaths,
tlie Sheriff shall examine and verify or cause the same to be and Marriages,
examined and verified ; and it shall be lawful for the Parochial half-yearly, and
Board of the Parish, on Production of such Account so verified /^^^^^^^^}?
and signed by the Sheriff, to levy by Assessment the Sums paTOeSSade
requir^ for Payment to the Registrar of the Amount of his j^^ r^ect
Account so verified, and such further Sum as may be necessary theKot;
for his Remuneration, and ^or the Expenses of taking the Dupli-
cmte Registers yearlv to the Sheriff; and such Assessment shall be '" ^
made and levied in the same Manner as and along with but separate
from the Assessment for die Support of the Poor ; and if there

17 h 18 YiCT. T ihall

274" C.8a 17* & Iff^ VICTOMJa A.D. 1954:

shall be no ibBsessineiit for the Support of the Poor in anj.Flari^,
then such Assessment shall be made and levied bj the Heritors,
either in the same Manner as and along with bat separate from
the Rate for the Support of Prisons, or in such other Manner as
the Sheriff may direct; and the Parodiial Board or the Heritors
shall pay to the Registrar such Sums as he shall be entitled to
receive in Terms of such verified Account, according to ibe fol-
lowing Scale ; (that is to say,) for the First Twenty Entries of
Births, Deaths, and Marriages in each Half Year which he shall
have registered, whether the same be of Births or of Deaths or
of Marriages indiscriminately, Two Shillings each, and One Shil-
ling for each subsequent Entry of Births and of Deaths and of
Marriages in each Half Year ; and in the event of such Fees being
deemed inadequate to his Remuneration, such further Sum as the
Parochial Board shall think fit.
Registrars may LI. Provided, That it shall be lawful for the Parochial Boards
be paid by with the Approbation of the Registrar General or of the Sheriff,
Salary. to place the Registrar and Assistant Registrar upon annual Sala-

ries, the Amount of which shall be fixed by the Parochial Board,
with the like Approbation ; and such Salaries shall be paid by
the Parochial Board out of the Assessment to be levied as herein-
before directed, and the Fees received by the Registrar, which in
such Case shall be accounted for by him to the Parochial Board.
Forms to be LII. The Registrar shall furnish gratis to all Persons hereby

supplied gratis, required to give Information, who shall apply therefor, printed
Forms, setting forth the Heads of the Particulars required to be
specified and inserted in such Forms ; and the Registrar Greneral
shall cause a printed Copy of Section Forty-sue of this Act, and
Copies also of the Schedule (C.) hereunto annexed, to be supplied
to the several Registrars, who shall, upon Application therefor,
furnish such Copies to any Minister at any Time applying for the
same, and to the Session Clerk of every Parish, and to the Regis-
tering Ofiicers of the several Societies of Friends, and to the
Secretaries of the Jewish Synagogues, for Use in the Registration
of Marriages under this Act.
Registers to be LHI. All the Registers hereby appointed to be kept shall be
kept in Dupli- kept in Duplicate, and such Duplicates shall be paged continuously
cate, and alike^ and each Page shall be authenticated by the Sherifi'afilxing

annually jjjg Initials thereto before Delivery thereof to the Registrars, and

tbeShe^ Mid *^® Contents of each Page of such Duplicate Register Books shall
Duplicate to be ^^ ^^^ same, and each Page shall be signed by the Registrar ; and
transmitted to in the First Week of August in each Year, on such Day as shall
the Begistrar be fixed by the Sheriff, the Duplicate Register Books for the pre-
GeneraL ceding Year ending on the Thirty-first Day of December shall be

taken by the Registrar to the Sheriff, by whom, along with the
Registrar, the same shall be carefully examined and compared, and
a Docquct shall be added at the End of each Duplicate, stating the
Examination and Accuracy thereof, the Number of Pages, an^ any
marginal Additions or Erasures appearing on either Duplicate, so
as to preclude the Possibility of Interpolation, and such Docquet
shall be signed by the Parties examining the Duplicates ; and One
of such Duplicates shall be retained by the Registrar, and the
other shall be transmitted by the Sheriff to the Registrar General
on or before the Thirty-first Day of August in each Year ; and

the

A.D.1854. lt^:& IS^* TICTORIiE. C.8tf: B7S

the SherifiT when traasmitting such Duplicate shall report any
Circnmstance relating to the Registers to which he may think the
Attention of the Registrar General oaght to be called.

LIV. If in the coarse of any Year any such Additions or Altera- Additions to or
tions as are directed or authorized by this Act to be made on the iJ^*^**?^' ^^
Registers shall be so made, the Registrar shall make a Minute in ^^ K«g«t^"-
Duplicate of such Additions or Alterations, and on the Day in the
Month of August when the Sheriff shall examine the Duplicate
R^isterSy as herein-before provided, the Registrar shall deliver
One of such Duplicate Minutes to the Sheriff, together with all
the relative Documents, and the Sheriff shall, if necessary, inquire
into the accuracy of the Facts therein set forth, and, if erroneous,
correct the Minute ; and thereupon the Sheriff and Registrar shall
examine and authenticate the Duplicate Minutes, and One thereof
shall be retained by the Registrar, and the other shall be trans*
mitted by the Sheriff through the Post Office to the Registrar
General, with the Duplicate Registers, and such Minute shall bo
deemed and taken to be a Part of the Registers, and the Altera-
tions and Additions so authenticated shall forthwith be given
effect to on or opposite to the Entries in the Duplicate Registers
previously transmitted to the Registrar Greneral fo^ the Periods to
which such Alterations and Additions apply.

LV. K any Duplicate Register in the Custody of the Registrar Duplicate
shall be lost, destroyed, or mutilated, or shall have become illegi- Kegisterto
ble, in whole or in part, such Fact shall be forthwith communicated ^PP^y *^®
by the Registrar to the Registrar General, who shall recmire the b^^^ ^^
Registrar immediately to transmit to him the Duplicate Register destroyed or
which shall have been mutilated or become illegible; and the become ille-
Registrar General shall thereupon present a Petition to one of gihle.
the Divisions of the Court of Session, setting forth the Fact of
the Loss, Destruction, Mutilation, or total or partial Illegibility,
as the Case may be, of such Duplicate Register, and the Date of
the Discovery of such Loss, Destruction, Mutilation, or total or
partial Illegibility of such Duplicate; and the Court, on being
satisfied regarding the same, and after such Intimation as they
may think proper, shall order such Register to be corrected or
completed, or a new Duplicate to be made, at the Sight of the
Registrar Creneral, and such corrected or completed Duplicate, or
new Duplicate, authenticated by the Signature of the Registrar
General, shall thereupon become in all respects of the same Force
and Validity as the original Duplicate.

LVI. Every Registrar shall forthwith make tabular alphabetical Indexes of
Indexes of the Duplicate Registers in his Custody, to be kept in Parish Regis-
the Registrar's Office; and every Person shall be entitled at all ^"jeh may l^"" '
reasonable Hours to search the said Indexes, subject to such Regu- searched.
lations as the ^Sheriff may prescribe, and to have an Extract of
any Entry or Entries in such Registers under the Hands of the
Registrar, on Payment of the Fees herein-after mentioned, (that
is to say,) for every general Search the Sum of Two Shillings,
and for every Search for a particular Register of Birth, Death, or
Marriage, the Sum of One Shilling, and for every Extract of any
Entry the Sum of Two Shillings ; and any Registrar who shall
refuse or neglect to make such Extract for One Month after being

T 2 required

276

C.8a

17* & 18* VICTOEI^

AJ).1854.

Indexes to be
kept at General
Registry Office,
where they may
be searched.

Extracts of
Entries to be
admissible as
Evidence.

Money receired
by Registrar
General to be
accounted for.

4 & 5 W. 4.
c. 15.

Penalty on
giying fiilse
Information.

Penalty on
Re^trar for
omitting to
register.

Penalty for
destroying or
fiJsifying
Register, &c

required so to do shall be liable in a Penalty, not exceeding Ten
Founds.

LYIL Every Person shall be entitled, on Payment of the Fees
herein -after mentioned, to search the tabular alphabetical Indexes
of the Duplicate Registers in the Custody of the Registrar General,
between the Hours of Ten in the Morning and Four in the After-
noon of every Day except Sunday ^ and to have an Extract of any
Entry in the said Duplicate Registers ; and for every general
Search of such Indexes the Sum of Twenty Shillings, and for
every particular Search the Sum of One Shilling, and for every
Extract of any Entry the Sum of Two Shillings, and no more,
shall be paid to the Registrar General, or such otlier Officer as
shall be appointed to receive such Fees on his Account : Provided,
that it shall be competent to the Registrar General to permit gratis
Searches to be made by or on behalf of and Extracts to be given
gratis to Persons of whose Inability to pay he shall be satisfied.

LVIIL Every Extract of any Entry in the Register Books to
be kept under the Provisions of this Act, duly authenticated and
signed by the Registrar General, if such Extract shall be from the
Registers kept at the General Registry Office, and by the Regis-
trar if from any Parochial or District Register, shall be admis-
sible as Evidence in all Parts of Her Majesty's Dominions, without
any other or further Proof of such Entry.

LIX. Every Sum received by the Registrar General under the
Provisions of this Act shall be accounted for, and paid by the
Registrar General, at such Times as the said Commissioners of Her
Mf\jesty's Treasury from Time to Time shall direct, into the Bank
of Englandy to the Credit of Her Majesty's Exchequer, according
to the Provisions of an Act passed in the Fourth and Fifth Years
of His late Majesty, intituled An Act to regulate the Office of the
Receipt of His Majesty's Exchequer at Westminster, or be applied
by Order of the said Commissioners towards the Payment of the
Expenses of the said General Registry Office.

LX. Every Person who shall knowingly and wilfully make or
cause to be made, for the Purpose of being inserted in any
Register of Birth, Death, or Marriage, any false or fictitious
Entry, or any false Statement regarding the Name of any Person
mentioned in the Register, or touching all or any of the Particn*
lars by this Act required to be registered, shall be deemed guilty
of an Offence, and on Conviction shall be punishable by Trans-
portation for a Period not exceeding Seven Years, or by Impri-
sonment for a Period not exceeding Two Years.

LXI. Every Registrar who shall refuse, or, without reasonable
Cause, omit to register any Birth or Death or Marriage, or to
make any Addition to or Alteration upon the Register, in accord*
ance with the Provisions of this Act, shall forfeit a Sum not
exceeding Ten Pounds for every such Offence.

LXII. Every Person who shall wilfully destroy, obliterate,
erase, or injure any Entry, or cause to be destroyed, obliterated,
erased, or injured any such Register, or Duplicate thereof, or any
Minute, Notice, or Certificate made or given pursuant to this
Act, or shall falsely make or counterfeit, or cause to be falsely
made or counterfeited, any Part of any such Register or Dupli-
cate^

A-D.1854. 17« & 18» VICTORIiB, C.80. 277

cate, or any such Minute, Notion, or Certificate, or shall wilfully
insert or make or cause to be inserted or made in any such Be-

fister or Duplicate any false or fictitious Entry of or any false
tatemont touching any Birth, Death, or Marriage, or shall wil-
fully give any false Certificate, or falsify any Certificate, or shall
certify any Writing to be an Extract of any such Register, know-
ing the same to be false or fictitious in any Part thereof, shall be
deemed guilty of an Offence, and on Conviction thereof be liable
to be punished by Transportation for a Period not exceeding Seven
Years, or by Imprisonment for a Period not exceeding Two Years.

LXIII. If any Error shall be discovered to have been com- For correcting
mitted in the Entry of any Birth, Death, or Marriage in any such «|^ron€OM
Register, the Perso': discovering the same shall forthwith give °*"®*'
Information thereof* to the Sheriff, and it shall be lawful for the
Sheriff, and he is hereby ;. :thorized and required, thereupon, or
upon otherwise coming to th ' Knowledge of such erroneous Entry,
to summon before him tl-e I'orson who made and any Person con-
cerned in the making si; jh erroneous Entry, or having Knowledge
regarding the same, and also any Person interested in the Effect
of such erroneous Entry, a.id to examine all sucli Persons upon
Oath ; and if the Sheriff shall be satisfied that any Error has been
committed in any such Entry, he shall, by Authority in Writing
under his own Hand, direct a corrected Entry of the Birth, Death,
or Marriage in relation to which such Error has been committed,
and bearing the Date of the Correction, to be made in a separate
Register Book, to be called " The Register of corrected Entries,"
and in such corrected Entry Reference shall be made to the De-
positions upon which the Correction of the Error has proceeded,
and the Sheriff shall also make or cause to be made an Entry or
Marking upon the Margin of the original Entry of such Birth,
Death, or Marriage in the Duplicate Registers, but shall not alter
the original Entry, distinctly referring by Volume and Page and
Date to tho Entry made in " The Register of corrected Entries ;**
and in case the Duplicate Register shall have been transmitted to
the Registrar General, the Sheriff shall transmit a Copy of the
corrected Entry and relative Marking, authenticated by his Signa-
ture, to the Registrar Greneral, to bo inserted in the Duplicate
Register so transmitted ; and the Sheriff shall every Year transmit
such "Register of corrected Entries" to the Registrar General,
at the same Time and in the same Manner as is provided for tho
Transmission of Duplicate Registers.

LXIV, Provided always, That Errors committed in the Form Errors in Entiy
or Substance of any Entry may be corrected according to the "^^H^"^'
Truth of the Case before the Entry is signed ; and if any Cor- J^"^J^
rection is intended to be made by Erasure or Obliteration, the *^
same shall be effected by drawing a Line through the erroneous
Wards or Figures, but so as to leave the same lo ible ; and any
Addition or Alteration relative to such Correction shall be made
as near aa may be to the Correction, and the Registrar shall affix
his Signature thereto.

LXy. All Penalties imposed by this Act may, unless otherwise Recovery and
directed, be recovered by summary Proceedings upon Complaint ^PJ^^^ ®^

T 3 in ^^"^""^

278 C.80. 17* & 18^ VICTOROE. AJ>.1864.

in Writing made hj the Procurator Fiscal to the Sheriff of the
Coontj within which such Penalty shall be incurred, or to the
Sheriff of any Countj in which the Person complained against
may be found ; and on such Complaint being made such Sheriff
shsdl issue a Warrant for bringing such Person immediately
before him, or shall issue an Order requiring such Person to appear
at a Time and Place to be named in such Order ; and erery such
Order shall be served on the Person complained against, either in
Person or by leaving with some Inmate at his usual Place of
Abode a Copy of such Order and of the Complaint whereon the
same has proceeded ; and either upon the Appearance or on the
Default to appear of such Person it shall be lawful for the Sheriff
to proceed to the hearing of the Complaint, and upon Proof of the
Offence, either by the Confession of the Person complained against,
or upon the Oath of One or more credible Witness or Witnesses,
and without any written Pleadings or Record of Evidence, to con-
vict the Offender, and upon such Conviction to decree, adjudge,
and sentence him to pay the Penalty incurred, and the Expenses
attending the Conviction, and to grant Warrant for imprisoning
him until such Penalty and Expenses shall be paid : Provided
always, that such Warrant shall specify the Amount of such
Penalty and Expenses, and shall also specify a Period at the
Expiration of which the Offender shall be discharged, notwith-
standing such Penalty and Expenses shall not have been paid,
and which Period shall in no Case exceed Two Months, and such
Penalty shall go to the Registrar General ; and the Decision of
the Sheriff in all. such Cases shall bo final and conclusive, and
shall not be subject to Review in any Court or by any Process
whatsoever.

Town Cooncils LXYL Where any Parish shall be situated wholly or in part

of Burghs to in a Burgh, the Town Council of such Burgh shall have and

^^® ?^T^" ^^ pwaess all the Powers hereby conferred on Parochial Boards, and

Bwrds!!* ®^^ ^^ liable to the Discharge of all the Duties hereby imposed

ou such Boards in respect of such Parish or Part of a Parish ; and

sg^ Powers and Duties shall be exercised and discharged by such

Town. Cpuncil as nearly as may be in Terms of the Provisions

hereiiii contained relative to such Paroohial Boards ; and such

Town . Council shall be entitled to levy such Assessment on the

l^al Rent of Lands and Heritages within such Burgh as may be

required to defray the Expense of their Proceedings under this

Act ; and the Word '* Burgh " shall have the Meaning annexed to.

V u ( . • ^* .^° ^^^ Seventy-sixth Section of this Act, excepting in the Case

* ' *.' 'of Burghs' which do not as Burghs send or contribute to send a

"-'- .. Member to Parlitoent, the Boundaries of which shall continue to

' • . be ' ad fixed by Royal Charter, or Act of Parliament, or other

Cfohstitution thereof. '

Expense of ^LXVII. The Expense attending the Postage or Carriage of all

Correspond- Letters and Packets relating exclusively to the Execution of this

S?G^^'' Act, sent by the General Post from PUce to Place m Great Bri-

relatinffTothifl ^^^ ^°^ Ireland^ to or from the Registrar General, and also the

Act, te^iaJie flense of registering any Letter containing any Register trans-

defhtyedb m^tt^ tkrough the }E^ost Office, shall be defrayed as a Part of the

Expense

AJ).1854 17° k W YICTORIiEL C.80; 279

Expense of the General Registry Office herein-before proTided
for : Provided always, that such Letters and Packets as shall be
sent to the Registrar General be directed to the Registrar General
in Edmlmrghy and all sach Letters and Packets as shall be sent
bj the B^istrar General shall be in Covers, with the Words
'^Registrar General, Edinburgh/* printed on the same, and be
signed on the Outside thereof under such Words with the Name
o£ such Person as the Registrar General, with the Consent of the
said. Commissioners of Her Majesty's Treasury, shall appoint, in
his own Handwriting, such Name to be from Time to Time sent
to the Secretaries of the General Post Office in London^ Edin-
hurghy and Dublin^ and under such other Regulations as the said
Commissioners shall think fit ; and if the Person so to be ap*
pointed shall subscribe or seal any Letter or Packet whatever,
except such only concerning which he shall receive the special
Direction of his superior Officer, or lyhich he shall himself know
to relate exclusively to the Execution of this Act, or if the Person
so to be appointed, or any other Person, shall knowingly send or
cause to be sent, under any such Cover, any Letter, Paper, or
Writing, or any Enclosure other than shall relate exclusively to
the Execution of this Act, tyerj Person so offending shall forfeit
and pay the Sum of One hundred Pounds, and be dismissed from
Lis Office, one Moiety of such Penalty to be paid to the Use of
Her Majesty, Her Heirs and Successors, and the other Moiety to
the Use of the Person who shall inform or sue for the same, to be
sued for or recovered in any competent Court.

LXVin. Nothing herein contained shall affect the Proclama- Proclamation of
tion of Banns, or the Registration thereof, as at present in use, or Banns, &c. .
the Law of Mamage in Scodand.

LXDL The Registrar General shall, within Three Months Registrar
after his Appointment to such Office, and from Time to Time as General to
he shall think fit, furnish to the respective Sheriffs of the several ^^^qJfcd
Counties in Scotland such printed Notices respecting the Acts ^^ \^ ^one to
required to be done under this Act by the Persons who are herein Sheriflfe for
required to give j^Totiee or Information with regard to any Birth, Publication on
DcAth, or Marriage as he shall think it requisite to be publicly Dows of Places
known, which Notices the Sheriffs shall, as soon as conveniently <^^ "^<>™^P» *<^'
may be after the Receipt thereof, cause to be affixed on the
Outside of the Doors of all the known Places of Public Worship
or other public and conspicuous Buildings or Places within their
respective Counties.

LXX. Wherever Notice is required to be given by this Act, Notices may be
the Person bound to givo the Notice shall be held to have suffi- given by Post,
ciently discharged himself if he shall have put into the Post Office,
before the' Expiration of the Period within which the Notice is
required to be given, a' Letter addressed to the Person to whom
andicontaining the Particulars of which the Notice is required to
be given.

LXXI. No Penalty imposed by this Act on Parties failing to Penalties not
give any Notice required by this Act shall be exigible, if any of "igible if
the Parties so required ^hall have given such Notice. Notice given,

T 4 LXXII. In

280

C.80.

17* k W VICT0RIJ8.

A.D.1854.

No Penalty
where Failure
not wilftil.

Fiurties may LXXIL In case of the Inafiility to write of any Person whose

sign hj a Mark Signature is required or necessary under this Act, it shall be
before Wit- lawful for such Person to adhibit a Cross or other Mark, and
being adhibited in Presence of the Registrar, or Sheriff, or Two
Witnesses, who shall adhibit their Designations to their Signa-
tures, such Mark shall be in all respects as binding and effectual
as the Signature of such Person if capable of writing would have
been.

LXXIII. No Penalty shall be exacted in any Case where it
shall appear to the Satisfaction of the Sheriff that the Party failing
to comply with the Provisions of this Act, in relation to the giving
Notices under the same, has not wilfully been guilty of such
Failure, but that such Failure has been occasioned by unavoidable
Accident, or by Circumstances over which he had no Control, and
where he has used every reasonable Endeavour towards Com- .
pliance with such Provisions.

LXXIV. It shall be lawful for the Registrar General, with the
Consent of Her Majesty in Council, to diminish, from Time to
Time, the Fees hereby authorized to be taken, and to alter the
Schedules to this Act annexed, regard being always had to the
Objects and Purposes of this Act, and to rendering the same more
effectual ; and such Alteration of Fees or Schedules shall be pub-
lished in the Edinburgh Gazette, and shall within Fourteen Days
after the same shall have been issued be laid before both Houses
of Parliament, or if Parliament shall not be then sitting, within
Fourteen Days after the meeting of the then next Session.

LXXV. If any Person being by Law in the Office of Keeper
of any Register of Births, Baptisms, or Burials, and not being a
Session Clerk, shall, in the Execution of this Act, be deprived of
su(!h Office, and thereby suffer Loss of the Emoluments of such
Office, it shall be competent to such Person to make Application
to the said Conamissioners of Her Majesty's Treasury, setting forth
the Amount of such Loss, together with the Vouchers and Evi-
dence thereof, and the said Commissioners may on Consideration
of the same find the Applicant entitled to Compensation, and
award the same to such Amount as they shall think fit, or find
that he is not entitled to Compensation.

Registrar
General may
alter Schedules.

Compensation
where Keepers
of Registers
deprived of
Office by Ope-
ration cf thin
Act

Interpretation
of Act

LXXVI. Tlie following Words and Expressions in this Act
shall have the several Meanings hereby assigned to them, unless
there bo something in the Subject or Context repugnant to such
Construction ; (that is to say,)

The Expression " Registrar General " shall mean the Registrar
General of Births, Deaths, and Marriages in Scotland for the
Time being, appointed and acting under this Act :

The Word ." Parish " shall include any Division of a Parish or
Union of Parishes into a District or Districts made in pur-
suance of this Act :

And with regard to any Birth, Death, or Marriage herein
mentioned, the Words " Registrar "and ''Assistant Registrar**
shall mean the Registrar and Assistant Registrar of the
Parish or District in which such Birth, Death, or Marriage

took

A.D.1854. 17« & 18* VICTORI-aSl C.80. 281

took place or such Marriage was solemnized, celebrated, or
contracted ; and the Word *' Begister " shall mean the Dapli«
cate Registers of Births, iDeaths, and Marriages to be kept and
made pursuant to this Act :

The Word " Sheriff" shall mean the Sheriff of the County of
whidi he is Sheriff, and shall include Sheriff Substitutes :

The Words "Procurator Fiscal" shall mean the Procurator
Fiscal of the County or Division of a Count/ of which he is
Procurator Fiscal :

The Word ** Minister " shall be taken to include Ministers or
Pastors of Christian Congregations of all Denominations :

The Word " County " shall include any Division of a County
established by Law :

The Word "Burgh" shall apply to a City, Burgh, or Town being
a Boyal Burgh, or which sends or contributes as a Burgh to
send a Member to Parliament, and the Boundaries of all such
Burghs shall for the Purposes of this Act be the same as are
described in the Act Second and Third William the Fourth,
Chapter Sixty-five :

The Word " Heritors " shall mean Heritdts entitled to elect
a. Schoolmaster under an Act passed in the Forty-third Year
of the Reign of His Majesty King George the Third, Chapter
Fifty-four :

The Word " Occupier " shall include the Guardian, Master, Go-
vernor, Keeper, Steward, House Surgeon, or Superintendent
of every Gaol, Prison, or House of Correction, Workhouse,
Hospitid, Lunatic Asylum, or public Charitable Institution.

LXXVIL This Act shall extend only to Scotland. Extent of Act

SCHE-

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SCHEDULE (D.)

I Minister of do

hereby certify, That I Lave this Day baptized by the Name of

a {state the Sex) Child produced to me
by as the Child of A. B. and C. D. of

and declared by the said to have been born

at in the County of on

the Day of One thousand eight

hundred and . Witness my Hand, this

Day of One thousand eight hundred and

Minister.

SCHEDULE (E.)

I do hereby certify, That the Child named

was born at in the County of

on the Day of One thousand eight

hundred and ; that A, B, and C. D, of ,

are the Parents of the said Child ; and that the Name
was given to the said Child on the Day of

One thousand eight hundred and according to

the Rules or Usage of the Sect or Persuasion of \ ^

to which the said Parents belong. Witness my Hand, this
Day of One thousand eight hundred and

[^Signed by Parent or Guardian of ChildJ^

SCHEDULE (F.)

To the Registrar of the Parish [or District] of
in the County [or Burgh] of . Take notice.

That the Court of Session [or other competent Court"], upon the
Day of 18 , pronounced

Decree in an Action before the said Court, at the Instance of
[Pursuer^s Name and Description"], against [Defendef^s Name and
Description'], relating to the Paternity of [describe the Child],
finding that the said Child was the illegitimate Child of the said
[Pursuer and Defendm^s Names'], Witness my Hand, this
Day of One thousand eight hundred and

[Signed by the Cierh of Court.]

SCHEDULE (G.)

To the Registrar of the Parish [or District] of in

the County [or Burgh] of

I hereby certify, That I attended , who was

apparently aged Years ; that I last saw him [or

her] on the Day of 185 ; that he

[or she] died on the Day of 185 ,

at ; that the Uause of his [or her] Death

was ; and that the Disease had continued

Witness my Hand, this ^ Day of

One thousand eight hundred and
Signed^

Profe88ion_
Residence

SCHE-

aeft 0.80,81. 17^&I».*»VICT0BLaL Ajy.lBU.

SCHEDULE (H.)

To the Registrar of the Parish £or Diatrict] of in

the County [or Burgh] of
Tiake notice, That upon the. Day of

18 , the Body of A J?, of

was buried in the [here insert the Name of the Churchyard or
other Place of Interment,'] Witness my Hand, this
Day of One thousand eight hundred and

ySigned by the Undertaker or Person having Charge of the
Funeraly or the Person having Charge of the Place of Interment^

SCHEDULE (L)

I Registrar of Births, Deaths, and Marriages in

the Parish [or District] of in the County [or Burgh]

of do hereby certify, That the Death of A. B, of

was duly registered by me on the
Day of One thousand eight hundred and

Witness my Hand, this Day of One

thousand eight hundred and

^Registrar.

SCHEDULE (K.)

To the Registrar of the Parish [or District] of in

the County [or Burgh] of Take notice. That A. J?., a

Justice of Peace for the County of convicted C Z>.

of of having irregularly contracted a Marriage

with E. F. of ; or that the Court of Session

[or other competent Court']y upon the Day of

18 , pronounced Decree in an Action of Declai'ator of Marriage
before the said Court, at the Instance of G, H, [Pursuer^s Name
and Description^^ against /. A' [Defender's Name and Descrip'
tion], finding that G. ff. of and /. K. of

had intermarried. Witness my Hand, this Day of

One thousand eight hundred and

[Signed by the Clerh of CourtJ]

CAP. LXXXL

An Act to make further Provision for the good Government
and Extension of the UAiversity of Oxford, of the Colleges
' therein^ and of the College of Saint Mary Winchester.

[7th ^M^M^f 1854.]

* \7S7HEREAS it is expedient, for the Advancement of Religion

* ' ^ and Learning, to enlarge the Powers of making and alter-

* ing Statutes and Kegulations now possessed by the University
*■ of Oxford and the Colleges thereof, and to make and enable to

* be made further Provision for the Government, and for the

* Extension of the said University, and for the Abrogation of

* Oaths now taken therein, and otherwise for maintaining and

* improving the Discipline and Studies and the good Government

* of the said University of Oxford and the Colleges thereof:' Be

it

AJ9lIS34> U«&18fTICTOBIA[ a»lJ 28S::

it enaotod by the. Qoeon's most Ex-eeUent Maj^ty^ hy and with
the Advioe and Consent- of the Lords Spiiitaal and Temporal,
and (Commons, in this present Parliam^it assembled, and by the
Authority of the same, as follows :

L The seyeral Persons herein^^after named, (that is to say,) Appointment of
the Right Honourable Dudiey Earl of Barrawby, the Right Commiseioners.
Honourable Francis Earl of EUesmerey the Right Reverend Father
in God Charles Thomas Lord Bishop of Bipofij the Honourable
l^r John Taylor Coleridge, One of the Justices of the Court of
Queen's Bench, the Very Reverend George Henry Saeheverel
Johnson the Dean of Wells, Sir John Wither Audry, late Chief
Justice of the Supreme Court of Bombay, and George ComewaU - "

Lewis Esquire, shall be Commissioners for the Purposes of this
Act, and shall have a Common Seal, and Three of the said Com-
missioners shall be a Quorum.

n. The Powers hereby conferred on the Commissioners shall be Duration of
in force until the First Day of January One thousand eight hun- PowewofCom-
dred and fifty-seven, and it shall be lawful for Her Majesty, if °^««<«e«-
She shall think fit, by and with the Advice of Her Privy Council,
to continue the same until the First Day oi January One thousand
eight hundred and fifty-eight, and no longer.

ni. If any Vacancy occurs in the Number of such Commis* Vacancy in
sioners by means of Death, Resignation, or Incapacity to act, Her Number of
Majesty may fill up such Vacancy. Commissioners.

• rV. In the Exercise of the Authorities hereby vested in the Commissioners
Commissioners they shall have Power to require from any Officer e™po^erejl to .
of the University of Oxford, or of any College or Hall therein, J^^^ of^
the Production of any Documents or Accounts relating to such j)ociiment8 &c.
University, College, or Hall, and any Information relating to
the Revenues, Statutes, Usages, or Practice thereof respectively ;
and no Oath which may have been taken by any such Officer
shall be pleadable in bar of any Authorities of the said Com*
missioners.

V. Upon the Fourteenth Day of Michaelmas Term One thou- ConsHtutionaJ
sand eight hundred and fifty-four, all Powers, Privileges, and ^ ^J^'Msf*
Functions now possessed or exercised by the Hebdomadal Board Establishment
of the said Univ^sity shall cease, and upon the Fifteenth Day of of Hebdomadal
the said Michaelmas Term One thousand eight hundred and fifty- Council.
four there shall be elected in manner herein-after mentioned a

Council, which shall be called the Hebdomadal Council, to which i -

shall be transferred immediately after the Election thereof all
Powers, Privileges, and Functions now possessed or exercised by
the Hebdomadal Board of the said University.

VI. The Hebdomadal Council shall consist of the Chancellor, Composition of
the Vice-Chancellor, the Proctors, Six Heads of Colleges or Halls, Hebdomadal
Six Professors of the University, and Six Members of Convoca- ^^^^^^ •
tion of not less than Five Years standing, such Heads of Colleges

or Halls, Professors, and Members of Convocation to be elected
by the Congregation herein-after mentioned of the said Univer-
sity, and the Chancellor, or in his Absence the Vice-Chancellor As to Heads of
or his Deputy, being a Member of the Hebdomadal Council, shall Colleges and
he the President of such Hebdomadal Council : Provided always, S^^^^^JLjed
that nothing herein contained shall be held to prevent the Head ^ rittingas
of any College or Hall who is a Professor being returned or con- Professors, &c.

tinning

28S

C.81.

17^ & 18* YICTORLffi.

A.D.185ft.

Fenons elected
in Two or
moredaasesto
declare under
which Claas
they will ut.
Date of
Meeting.

Periodical

▼acatmgof

Seats.

Members may
be re-elected.

Fflling-np of
casual Vacan-
des.

Vice-Chan-
oeUorto con«
tkmeaMember.

Frafessors
eligible.

Kon-residence

toereatea

Vacancy.

Vice-Chan-
odlor to make
Beg^sterof

Co<unciL

tinning to sit as One of the Six Professorsy or the Head of aoj
College or Hall, or a Professor, being returned or continuing to aii
as One of the Six Members of Convocation ; and if any Person
shall be elected a Member of the Hebdomadal Council in Two oc
more Classes he shall, when he first takes his Seat in the Council,
declare under which Class he desires to sit, and his Seat for the
other shall be forthwith vacated.

Vn. The Hebdomadal Council shall meet for the Despatch of
Business on the Fifteenth Day of Michaeimas Term One thousMid
eight hundred and fifty-four.

Vni. Of the Six Persons to be then elected together out of •
each of the Classes of Heads of Colleges or Halls, Professors, and
Members of Convocation, the Three Juniors of each Class in
Academical Standing, reckoned from Matriculation, shall vacate
their Seats at the Expiration of the Third Year from such Day
within the then current Academical Year as shall be named by
the Hebdomadal Council in that Behalf; and all the o1her Persons
to be then elected shall vacate their Seats at the Expiration of the
Sixth Year from the said Day; and all other Persons elected
from Time to Time, except such as shall be so elected upon casual
Vacancies, shall vacate their Seats at the Expiration of Six Years;
and the Election to supply the Places of the Persons so vacating
their Seats shall be made upon the Day on which Seats are
vacated.

IX. All such Persons whatsoever shall be capable of Re-
election.

X. Any casual Vacancy occurring by Death, Resignation, or
otherwise among such Persons shall be filled by the Election of a
qualified Person, according to the Directions of this Act ; but the
Person so elected shall be subject to the same Rules and Condi-
tions in all respects as the Person to whose Place he succeeds
would have been subject to if no such Vacancy had taken place.

XL If the Vice-Chancellor for the Time being shall not be also
an elected Member of the said Council, then, on the Expiration of
his Term of Office, he shall in virtue of his late Office continue
to be a Member thereof until the next triennial Election, or for
the Space of One Year if such Election shall take place at an
earlier Period.

Xn. No Professor shall be ineligible for the said Council by
reason of anything contained in the Statutes of his Foundation.

XIII. If any of the Members of the Hebdomadal Council other
than the Chancellor of the University shall reside for less than
Twenty-four Weeks during Term Time in any Year, his Seat
shall at or before the Close of such Year be declared by the Vice-
Chancellor and shall thereupon become vacant.

XIV. The Vice-Chancellor shall, before the Twenty-fifUi Day
of September One thousand eight hundred and fifty-four, and
before the same Day in each succeeding Year, make and pro-
mulgate a Register of the Persons qualified to the best of his
Knowledge to be Members of the Congregation of the University
of Oxford according to this Act, and shfdl also make and promul-
gate all such Regulations as to the said Register, and as to all
Matters relating to the voting for, Election, Resignation, and
Return of Members of the Hebdomadal Council, aa may be

neoeasary

AJ>.1854. !?• & W VICTORIiE. asi. 28»

for the aasembling together of the Congregation and
foft the Election and assembling together of the said Hebdomadal
Coundl according to this Act, and for keeping the Number of
audi Council ccnnplete, and shall appoint the Time of the Daj
and Place at which they shall so assemble together ; and if the
Vice-chancellor fails to comply with the Provisions of this Sec-
tion, the Commissioners shall thereupon carry the same into effec^
and therenpon make such Regulations in respect of the Matters
aforesaid as they may think fit ; and no Persons shall be admitted
to vote in the Election of Members of the Hebdomadal Council
but those included in such Register, and mentioned or described
in the Sixteenth Section and the Schedule therein referred to.

XV. Subject to the Provisions of this Act, and without Pre- Power to
judice to the Rights of Congregation and Convocation in the Hcbdoanadal
making of Statutes for the University of Oxford, the Hebdomadal ^JJ^^^rJIS^
Council shall have Power to make, from Time to Time, Rules for
the Regulation of its own Proceedings, and to revise the Regula-
tions and Register herein-before directed to be made by the
Vice-Chancellor.

XVL On and after the Fifteenth Day of Michaelmas Term Compoution of
One thousand ei;5ht hundred and fifty-four, the Congregation of Congregation.
the University of Oxford shall be composed of the following Per-
sons only, the said Persons being Members of Convocation :

1. The Chancellor.

2. The High Steward.

3. The Heads of Colleges and Halls.

4. The Canons of Christ Church.

5. The Proctors.

6. The Members of the Hebdomadal Council.

7. The Ofiicers named in Schedule (A) to this Act annexed,

8. The Professors.

9. Assistant or Deputy Professors.

10. The Public Examiners.

11. All Residents.

12. All such Persons as shall be provided to be added by
Election or otherwise to the said Congregtition by any
Statute of the University approved by the Commissioners,
or (after the Expiry of the Commission) passed by Licence
of the Cro^vn.

The Chancellor, or in his Absence the Vice-Chancellor or his Power to Con-
Deputy, shall preside in the said Congregation, and the Congrega- 2*^*1^ ^\
tion so constituted as aforesaid shall have Power to frame Regu- 2on«*fS^^"
lations for the Order of its own Proceedings, but subject to any q^q prooeed-
Statute which the University may make in respect thereof. inga,

XVIL Every Statute framed by the Hebdomadal Council shall, As to Promnl-
after duo Notice of the Contents thereof, be promulgated in fJ^^J^^
Congregation, and shall also be proposed there for Acceptance or
Rejection after an Interval of Seven Days, or such other Interval
as the University by Statute may appoint, and if accepted by
Congregation shall be, after an Interval of Fourteen Days, or
such other Interval as the University by Statute may appoint,
submitted to Convocation for final Adoption or Rejection as a
Statute of the University.

17 h 18 Vict. U XVIIL Any

im

GSIv

17* & 18^ VICTORIwE:

A.D.18541

Proposal of
Amendments.

If Change
made, Statate to
Ve re-promnl-

Congr^;ation
may speak in
English.

As to ETeotion
of]Sffbdomadal
ConnoQ.

Severs of Con-
Yocatiou
ret^ned, •

Votes may be
given by Proxy
at Election of
Chancellor.

Certain Oaths
illegal.

Power to Vice*
Chancellw to
license
Members
to open th^ir
Hesidences for
Reception of
{Students^

who shall be
called Licensed
Masters.

Power of
University to
make Statutes.

XVin. Anjr Member of Congregation may, upon tbe P^romni*
gation of any such Statute, piropose, in Writings Ameadmcmts
thereof to tbe Hebdomadal Council, which the aiod Council skall
consider, and thereupon may adopt, alter, or reject

XIX. If after the Promulgation of a Statute the said Council
shall make any Change in it, it shall thereupon be promulgated
afresh in manner aforesaid.

XX. The Members of Congregation shall upon the Occasion of
the Promulgation of any Statute have the Right to speak thereon
ih the English Tongue, but without the Power of moving any
Amendment, and sul^ect to such Regulations as the tTniversity
may make by Statute for the due Order of Debate.

. XXI. Upon any Occasion of electing Members of the Hebdo-
madal Council, every Person entitled to vote in such Election
shall have the Power of giving Votes in each Class as follows, i
for One Vacancy, One Vote 5 for Two or Tbnee Vacancies^ Two
Votes ; for Four Vacancies, Three Votes ; for Five or Six
Vacancies, Four Votes : Provided always, that no Elector shall
give more than One Vote for any One Candidate.

XXIL The Convocation of the University of Oxford shall
not, save as herein provided, be deprived of any of the Powers by
it now lawfully possessed.

XXni. It shall be lawful for the University to provide by
Statute, if it shall think fit, that Votes may be given either per-
sonally or by Proxies, being Members of Convocation authorized
by Writing under the Hand of the Metnber of Convocation nomi-
nating such Proxy, at any Election of a Chancellor of the Uni-
versity.

XXIV. Every Oath directly or indirectly binding the Juror —
Not to disclose any Matter or Thing relating to his College,.

although required so to do by lawful Authority ;
To resist or not concur in any Change in the Statutes of the

University or College ;
To do or forbear from doing anything the doing or the not
doing of which would tend to any such Concealment, Resist-
ance, or Non-concurrence,
shall from the Time of the passing of this Act be an illegal Oath
in the said University and the Colleges thereof, and no such Oath
shall hereafter be administered or taken.

XXV. It shall be lawful for any Member of Convocation, of
such Standing and Qualifications as may be provided by any
Statute hereafter to be made, to obtain a Licence from the Vice-
Chancellor to open his Residence, if situate within One Mile and
a Half of CarfaXy for tlio Reception of Students, who shall be
matriculated and admitted to all the Privileges of the University
without being of necessity entered as Members 6f any College
or existing Hall; but no such Licence as aforesaid shall be
granted by the Vice-Chancellor until such Regulations as are
herein-after mentioned have come into operation.

XXVI. Every Person to whom such Licence is granted shall
be called a Licensed Master, and his Residence so opened as
aforesaid shall be called a Private Hall.

XXVIT. For the Purpose of carrying into effect the Objects
proposed by this Act in relation to Private Halls, the University

is

i«[ hereby speeiallj empoi^ered, at. %Ay Tim6 before the First
Day of Michaelmas Term One thousand eight hundred and fifty-
five, by Statute, to be approved as herein-after mentioned, to do
the following Things :
• To fix ^e Terms and Conditions of gtaating Licences to
licensed Masters, and the Qutdifications of such Masters :

To make Regulations for the Government of Private Halls,
the Instruction apd Discipline 6f the Students therein, their ' ^ ,
Attendance on Divine Worship, and their Status in the ev^t
of the Withdrawal or Suspension of the Licence of any such
Private Hall : .

To make Provision for punishing Neglect or. Breach of Regu*
latton on the Part of a Licensed Master by the Withdrawal
or Suspension of his Licence, and on th&Partof any Students
by such reasonable Penalties or other Punislunents as they
may think fit :

To make Provision for the Aggregation of all or any Private
Halls, with the Consent of the Masters thereof into One or
more Great Halls of the University : .

To make Provision for the Appointment of One or more Officers
for the due Execution of any Regulation relating to the afore^
^d Matters, and, if considered expedient, for the Appoint-
ment of any such Officer Head of any such Great Hidl for
the better Accomplishment of the said Purpose :

To fix the Conditions upon which a Private Hall of the Uni-
versity may become an ordinary or Public Hall thereof*

XXVnL ' And whereas it is expedient, for the Interests of Colleges may

* Religion and Learning, to enable Colleges to alter and amend amend Statutes

* their Statutes with respect to Eligibility to Headships, Fellow- ™^.vS?J^!*^
5 ships, and other College Emoluments, and the Tenure thereof, Headshiiw, Ac.
' and to ensure the same being conferred according to personal

' Merits and Fitness, and for that Purpose to modify or abolish

* any Preference, and to make Ordinances for promoting the

* main Designs of the Founders and Donors, and in the Case of

* some of the Colleger for rendering Portions of their Property

* or Income available to Purposes for the Benefit of the Univer*

* sity at large, for the Consolidation, Division, or Conversion of

* Emolument^ including therein the Conversion of Fellowships
' attached to Schools into Scholarships or Exhibitions so attached,

* and of Fellowships otherwise limited into Scholarships or Exhi-
' bitions, either subject or not to any similar or modified Limita-
' tion, and generally to make further Provision for maintaining
^ and improving the Discipline, Studies, and good Government

* of the said Colleges, and for amending, with the Consent of the

* Visitor, the Statutes thereof from Time to Time :' Bo it enacte^t
That it shall be lawful for every College, at any Time before the
Firat Day of Michaehnas Term One thousand eight hundred and
fiflky-fivc, without Prejudice to any existing Interest of any Mem-
ber of such College, and notwithstanding anything contained in
the Statatea, Charters, Deeds of Composition, or other Instruments
of Foundation or Endowment of any College, to make Regu-
lations and Ordinances for the Purpose of effecting or advancing
any of the aforesaid Objects and Purposes : Provided always,
that all such Regulations and Ordinances shall be laid before the

U 2 Commissioners,

292

C.81.

17' & IS'* VICTORIA

A.D.1854-

When Colleges
omit to make
Statute, Com-
miMionen may
ftame Ordi-
nances.

Power of
UniTersit J to
alter Trusts.

Bight of Pre-
f erence belong-
ing to Schook
not to be abo-
lished if Gorer-
nors of Schools
orChari^
Commissioners
dissent there-
n?om.

Commissioners, who shall have Power, by Writing under their
Common Seal, to approve of or reject the same, and may from
Time to Time remit the same for further Consideration or Bevi-
sion, with Amendments or Alterations therein.

XXrX. Provided always. That if the Powers herein-before
granted to Colleges shall in the Case of any College not be exer-
cised, and no Ordinance or Regulation for effecting the Objects
of such Powers shall be submitted by such College to the Com-
missioners, and approved of by them, before the First Day of
Michaelmas Term One thousand eight hundred and iifty-five, it
shall be lawful for the Commissioners to frame such Ordinances
and Regulations as shall appear to them to be necessary or expe-
dient for the Purpose of effecting or promoting the Objects which
the College is herein-before empowered to effect or promote ; and
such Ordinances and Regulations, if sanctioned and confirmed as
herein-after required, shall take effect as Statutes of such College,
notwithstanding anything contained in the Statutes, Charters,
Deeds of Composition, or other Instruments of Foundation or
Endowment thereof : Provided always, that such Ordinances and
Regulations, when properly settled by the Commissioners, shall be
laid before the College to which the same relate, and the Visitor
thereof, Two Calendar Months before the same are submitted to
Her Majesty in Council, as herein-after directed ; and if within
the said Period of Two Calendar Months Two Thirds of the
Governing Body of the said College shall by Writing under their
Hand and Seal declare that in their Opinion such Ordinances and
Regulations will be prejudicial to the said College as a Place of
Learning and Education, then the same shall not take effect, but
it shall be lawful for the Commissioners to frame and submit
other Rules and Regulations for the like Purpose to the said Col-
lege, and so on as often as occasion shall require.

XXX. And further, if in the Case of ony Gift or Endowment
held by the University which has taken effect for more than Fifty
Years, it shall appear to the said University that the Interests of
Religion and Learning, and the main Design of the Donor, may
be better advanced by an Alteration of the Trusts or Directions
affecting such Gift or Endowment, it shall be lawful for the
University to alter or modify such Trusts or Directions, and to
frame a new Statute for the Application of such Gift or Endow-
ment in such Manner as may better advance the Purposes afore-
said ; but no such Statute shall take effect until the same shall
have been assented to by the Commissioners under their Seal, and
shall also have received the Approbation of Her Majesty, to be
signified by an Order in Council.

XXXL If in the Execution of the Powers of this Act it shall
be proposed by any College, or by the Commissioners, to make
any Regulation or Ordinance for the Abolition of any Right of
Preference in Elections to any Emolument within any College now
lawfully belonging to and enjoyed by any School or other Place of
Education beyond the Precincts of the University, individually
named or designated in any Statute, Deed of Composition, or
other Instrument of Foundation or Endowment, Notice thereof
shall be given in Writing to the Governing Body of every such
School or Place of Education, and also to the Commissioners

appointed

A.D.1M4. 17« & 18* VICTORLZB. C.81. 293

imN>iiited nnder '* The Charitable Trasts Act, 1853," at least
Two Calendar Months before any final Resolution for that Pur-
pose shall be adopted by such College or by the Commissioners ;
and in Cases where it is proposed by such Regulation or Ordi-
nance to abolish any Right of Preference in Elections to any
Emolument other than a Fellowship or Studentship, no such
Regulation or Ordinance shall be made if within Two Calendar
Months after receiving such Notice Two Thirds of the said Go-
verning Body, or if there shall be several Schools interested in
such Right of Preference then Two Thirds of the aggregate Body
composed of the several Groveming Bodies of such Schools, or
the said Commissioners appointed under ^* The Charitable Trusts
Act, 1853," shall by Writing under their Hands and Seals declare
their Opinion that such Regulation or Ordinance would be preju-
dicial to such School or Place of Education as a Place of Learn-
ing and Education: Provided always, nevertheless, that every
such Right of Preference, when retained, shall be subject to all
sucb Regulations and Ordinances as may be made by any College,
or by the Commissioners, under the Powers given by this Act,
for the Purpose of making such Emolument more conducive to
the mutual Benefit of such College and such School or Place of
Educadon as aforesaid, or of throwing the same open to general
or extended Competition upon any Vacancy for which no Candi*
date or Claimant of sufficient Merit may offer himself from any
School or Place of Education so entitled as aforesaid : Provided
also, that where any such Governing Body as aforesaid shall be
a Corporate Body the Governing Body of the Corporation shall
be deemed the Governing Body of the School ; and when any
Bight of Preference shall belong to any School contingently only
upon the Failure of fit Objects from some other School or Schools
entitled to and in the Enjoyment of a prior Right of Preference,
then and in such Case the Power of Dissent hereby given shall
only belong to the Governing Body or Governing Bodies of the
School or Schools entitled to and in the Enjoyment of the First
Right of Preference ; and if in any College where Fellowships or
Studentships are tenable by Undergraduates either the College or
the Conmiissioners acting in respect thereof shall divide its Fel*
lowships or Studentships into Elder and Younger, the Elder only
shall be taken to be Fellowships or Studentships within the
Meaning of this Section.

XXXIL Provided always. That where any sucb Notice in Notice served
Writing as aforesaid is required to be given to the Governing <» Master, &c.
Body of any School or Place of Education, such Notice, if served J^^*qJ^^
on the Master or Principal of any such School or Place of Educa- ^ Body7
tioo, shall.be deemed and taken to be a sufficient Notice to the
Groreming Bodv of the same School or Place of Education, for all
the Purposes of this Act.

XXXin. Provided always. That all Ordinances and Regula- Ordinances, &c
tions framed by the Commissioners, and objected to by Two Thirds ^J««ted to by
of the Governing Body or Bodies of the College, School or Schools, B^y^Colleg«
to which the same respectively relate, shall, in all Cases where &c. to be laid
new Ordinances and Regulations shall not have been substituted before Parlia-
under the Provisions of this Act for such as shall have been so ment
objected to> be embodied in a Report to be transmitted forthwith

U 3 to

294 G*8K 17* & 18» VICTOBIMS JLD.1854.^

to One of tier Majesty'ii Principal Secretaries of State, and laid
before the Tw^ Houses of Parliament.
College of St. XXXIV. The College of Sdiini Mary of JVincke$ier near fTtbi-
Mary of Win- chti^er shall for the Purposes of this Act be subject to the Pro-
8^b>d[ to^ visions of this Act with respect to Colleges, and shall have the
^^5^ same or the ^ke Powers as are hereby given to the Colleges xit

tho University, and be sobject to the Authorities hereby ccifi'
ferred on the Commissioners for the Alteration and Amendment
of Statutes) in like Manner as is hereby provided with respect
to the Colleges of the University, but without Prejudice to the
Powers and Authorities, if any,' of the Commissioners under ^Tfae~
Charitable Trusts Act^ 1853."
Ordinances, XXXV. All Regulations and Ordinances which, under the

Begnlations, Power herein-before c<mtained, shall be made by any Coll^^
si ^^Si?* *° *°^ ^ approved of by the Commissioners, - and all Ordinances
£e QaeeniT ^^^ Begulations which shall be framed by the Comnusiioners,-
Cooncil ^^^ *^*^ oot be objected to as aforesaid by Two Thirds <)f the

Governing Body of the College to which the same relate, and*-
every Statute passed by the University under the Power lastly
herein-before contained, shall, after the Expiration of Two Ca-
lendar Months from the Time when the i^ame respectiviely 4ihall
have been approved of by the Commissioners, or submitted to
the College, or passed by the University, be . laid before Hef
Majesty in Council, and forthwith published in the London
Poirerto Gazette; and it shall be lawful for every College, and for tb<$5

Colleges, &c. to Visitor thereof, and for the Trustees, Governors, and Patron of*
petition Her any University or College Emolument, and for any other Person
A u^a!^^ directly affected by such Regulations, Ordinances, or Statuti^,
thereof, &c. within One Month after the Publication as aforesaid in the Lon^
d&n Gazette, to petition Her Majesty in Council against ther
Approbation thereof or of any Part thereof; and every such-
Petition shall be refwred by Her Majesty by Order in Council
for the Consideration and Advice of Five Members of Her Privy
Council, of whom Two, not including the Lord President, shallbe
Members of the Judicial Committee, who shall be named in soch
Order, and such Five Members may, if they think fit, admit any
Petitioner or Petitioners to be heard by Counsel in support of his
or their Petition.
Begulations, XXX VI. All RcgulftUons, Ordinances, and Statutes which shall

Ordinances, and be so published in the London Gazette as aforesaid shall be at tho
f ^fiSU!^ ^ ®^**°® '^^^ ^^^^ before both Houses of Parliament, if Parliament
jjjjj?^^ . . be sitting, or if not, then within Three Weeks after the Com-
. mencement of the next ensuing Session of Parliament ;.and, unless
an Address is within Forty Days presented by One or other of the
said Houses, praying Her Majesty to withhold her Consent from
such ftegulations, Ordinances, or Statute, or any Parts thereof, or
unless the same shall be rejected on such Petition as aforesaid,
it shall be lawful for Her Majesty, by Order in Council, to declare
Her Approbation of such Regulations^ Ordinances, and Statute
respectively, or any Parts thereof to which such Address shall
not relate, and the same shall thereupon become Statutes of tho
University of Oxjbrd, or of the College therein to which the
same respectively relate ; and if any such Regulations or Ordi-
nances or Statute, or any Part thereof, shall not be so approved

by

.A«£fcl«54. .17? & 1$*^ yiCTOBI JS. ,C. 8L

bjrHerMi^|0S|;yy ilien the Commiflfiionerft/inaj thereuf^^ .

to fraine other Hegulations or OrdinaDces or Statute in the
Matter, ittd so oa from Time to Time as often as Occasion shall
jsaqiiire.

XXXVIL The Powers herein-before grantea to Goll^es with Powers gmite
respect to ^emselves severallj are horebj granted to Sie Uni- ^ ^?^?^
remty m rehitios to HaUs and Private Halls, so fak^ as ihey may ij^^^i^agi,
•be applieaUe thereto^ subject to the like Confirmation bj-tiie'Com- Halls ^dT
missionersy but such Powers shall cease on the First Day of Private 3alls.
Michaelmas Term One ikotisand eight hlkndred and fiftj-flw;
iin^ if t&e^Mdd University sfaoQ not by that Day. have fnttned iltf^Ht^NSty
and, submitted, for the Approval of the Commissioners, suc^ omit to ftaxniG^
Statutes or Ordinances as may, in the Opinion of the Commis- ^^^|f^*^'
sioners, be sufficient for carrying into e£fect the Objects of this jnc^b^ton
Act with respect to existing Halls, and the Establishment and Commissioners
Begulation <^ Private Halls, it sbalL be ineambent tm the Cosi- to do so.
'missioners^ as soon as possible after sneh Day as aforesaid, to
proceed themsdives to fraine Statutes in respect of .any Matters
•or Things so left undone or imperfect *by' the sud Univei«ity,
mad such Statutes shall be kid before Her Majesty in Council,
and shaU be subject to all the Provisions herein-before contained
t6uehing such other^ Regulations, Ordinances, ' and Statutes* as
aforesaid.

XXXVIIL In giving effect to their Powers or an^ of them Commissioners
with lespect to Colleges apd Halls, the Commissioners shall have ^ Imvrrsgatii
regard, among other things, to making due Provision, firstly, fi?r Segirtg^f
the Wants and Imprdvetnent of the College or Hall, and the Ad- coul^ &c.
vancement of Religion and Learning among its own Meinbers, and, &
secondly, for Aid towards the Establishment of the Professoriate
of the said University on ari enlarged Basis in the several main
Brnnehes of Science and Letters^ and vnth adequate Duties and
Emoluments, by appropriating Portions of the divisible Revenues
of any College for that Purpose, in Cases where the Founder of
the College hath directed Lectures to be delivered for the Benefit
of tlic University, or where it shall appear to the Commissioners
that the College is well able to make such Provision.

XXXIX. Every Statute made by the University of Oxford, or Power to-
any. of the Colleges tliercof, by virtue of the Powers, of- this repeal Statutes.
Act, shalLbe subject to Repeal or Alteration in the Sfpne Manner
and to tlie sanie Extent, but not otherwise, in and to which otUor . Z"" , r;
Statutes of the said University or College, .is the fcase may be,
are. or may be. sulyect to Repeal or Alteration by the. Authorities
thereof. . : . • . . '

XJj. £very Statute made by the Commissioners in pursuance Statutes b/
of t)ie. Provisions of this Act, and likewise all Provisions herein- Commis^oners
before contained, respecting the Election, Constitution, Powers, and ^^!^^
Proceedings of the flebdomadal Council, and respecting the Con- ^^^^ ^
bttCution, PowerS|:and Proceedings of the Congregation, shall be
subject to Repeal and Alteration by the University or College,^ as
the. Case may be, with the Approval of Her Majesty in CounciL

XLL Fbr the Purposes of this Aet, the Cathedral or House of Christ Church
OtrUt Ckureh in 0:^ord shall bo considered to be to all Intents ^^^*
and Purposea a College of the University. ^

U 4 XLIL No

296.

C.8L

ll^SflS^YICTOOLSL

JLD.1854.

At to

beoomisg

Hemben.

Notnec«8nry
to make Deda-
ntion, &c on
matricnlatiDg ;

nor on taking a
Degree.

UniTenity
Court to be
salject to the
Bnleeofthe
Common Law.

Stamp Dndes
abolidied.

Contmnance of
Powers of
UnWersity.

Interpretation
of Terms.

XLIL No Person who» after tbe passing of this Act, sfaaR
become a Member of any College, or shall be elected or become
eligible to any University or Collegiate Emolument^ shall be deemed
or taken to have acquired or to possess an existing Interest witldn
the Meaning of this Act

XLIIL From and after the First Day of Michaelmas Term One
thousand eight hundred and fifty-four, it shall not be necessary for
any Person, upon matriculating in the University of Oxford^ to
make or subscribe any Declaration, or to take any Oath, any Law
or Statute to the contrary notwithstanding.

XLIV. From and after the First Day of Michaelmas Term One
thousand eight hundred and fifty-four, it shall not be necessary fer
any Person, upon taking the Degree of Bachelor in Arts, Law,
Medicine, or Music in the University of Oxford^ to make or sub-
scribe any Declaration, or take any Oath, any Law or Statute to
the contrary notwithstanding ; but such Degree shall not as such
constitute any Qualification for the holding of any Office which
has been heretofore always held by a Member of the United Church
of England and Irelandj and for which such Degree in the said
University has heretofore constituted One of the Qualifications,
unless the Person obtaining such Degree shall have taken such
Oaths and subscribed such Declarations as are now by Law re-
quired to be made and taken on obtaining such Degree, either at
the Time of taking such Degree or subsequently.

XLY. From and after the passing of this Act, the Court of the
Yice-Chancellor of Oxford shall in all Matters of Law be governed
by the Common and Statute Law of the Bealm, and not by the
Rules of the Civil Law ; and it shall be lawful for any Three of
the Judges of the Superior Courts to make such Rules as they
may deem fit for the Regulation of the Procedure of the said
Court ; and the said Court shall proceed in all Matters subject to
the said Rules in conformity with the Mode of Procedure esta-
blished in the County Courts.

XLVL The Stamp Duties now payable on Matriculations and
Degrees shall be abolished so soon as Provision shall have been
made by the University, to the Satisfaction of the Lords Com-
missioners of Her Majesty's Treasury, in lieu of the Monies
heretofore voted annually by Parliament.

XLYII. £xcept in so far as they are expressly altered or taken
away by the Provisions of this Act, the Powers and Privil^es of
the University and its Officers, and of the Colleges and their
Officers, shall continue in full Force.

XLVIIL In the Construction of this Act, the Expression
^^ University or College Emolument" shall include all Fellowships,
Studentships, Scholarships, Exhibitions, Demyships, Postmaster-
ships, Taberdarships, Bib^ Clerkships, Servitorships, and every
other such Place of Emolument payable out of the Revenues of
the University, or of any College, or to be held and enjoyed by
the Members of any College or Hall as such within the Uni-
versity ; the Word ** Scholarship " shall include the Bursaries
appropriated to any College in Scotland ; and the Word " School "
shall include Colleges in Scotland; and the Words " Professor **
and " Professorship " shall be taken to include respectively Public
Readers, Praelectors, and their several Offices ; and the Words

« Public

A.IX1854. 17* & 18* VICTOBIJB. C.81,82. .297

^Publio Examiner" shall be taken to include Moderators and
Masters of tlie Schools ; and the Word ''Hall" shall be taken to
mean all Halls other than affiliated Halls or such Private Halls as
are anthorised by this Act ; and the Governing Bodj of any
College shall mean and include the Head and all actual Fellows
tiiereof, being Graduates, but in the Case of Christ Church shall
mean the Deui and Canons thereof; and the Word ''Residents"
shall mean and include all Members of Convocation who shall'
have resided Twenty Weeks witbin One Mile and a Half of Carfax
during the Tear that shall expire on the First Day of September
next preceding the making and Promulgation of the Register as
Erected by tlM Fourteenth Section of this Act.

SCHEDULE A.
Deputy Steward.
Public Orator.
Keeper of the Archives.
AsMssor of the Vice-Chancellor's Court.
B^istrar of the University.
Counsel to the University.
Bodley's Librarian.
Radcliffe Librarian.
Radcliffe Observer.
Librarians and Sub-Librarians of

University Libraries.
Keepers of University Museums

and Repositories of Art or

Science.

If authorized for the
Purposes of this
Schedule by Statute
of the University.

CAP. LXXXIL

An Act farther to improve the Administration of Justice
in the Court of Chancery of the County Palatine of
Lancaster. [7th August 1854.]

* A\^HEREAS an Act was passed in the Session of Parliament

* ^ ^ held in the Thirteenth and Fourteenth Years of the Reign

* of Her present Majesty, intituled An Act to amend the Practice is & 14 "Viet

* and Proceedings of the Court of Chancery of the County Palatine c 4a.
' of Lancaster : And whereas according to the present Practice

' Uie Jurisdiction in Matters of Appeal from the said Court of
' Chancery is exercised by the Chanccdlor of the Duchy and County

* Palatine of Lancaster in the Court»of the Duchy Chamber at
< Westminster^ and sitting with Two Judges of Assise for the said

* County for the Time being ; and such Exercise of the said Juris-

* diction has been attended with much Expense and Inconvenience,

* and it is expedient to provide for the Exercise thereof in a more

* convenient Manner, and also to make further Provision for the

* Administration of Justice in the said Court of the County Pala-
' tine :' Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

L The Chancellor of the Duchy and County Palatine of Lan- Formation of
caster and the Two Lords Justices of the Court of Appeal in Coartof Appeal

Chancery inChaiiccry,&c

298

C.«J.^

K?&18" VICTOBI-^.

AJXISH.

Powers, fitc. of
Coortof Appeal
may be exer-
cised by Lords
Justices, &c

Saving Rights
of Chancellor
sitting alone.

Decrees, &c. of
the Court of
Appeal may be
appealed from.

Decision of the
Majority to be
binding, &c.

Court of Appeal
to make Regu-
lations for
Sittings and
Business of the
Court, &c.

Powers gi\'6n
by the recited
Act to the
Chancellor,
with the Advice
and Consent of
the Vice-Chan-
cellor of the
County Palatine
and One of the^
Vice-Chan-
cellors of the
High Court of
Chancery, to be
exercised with
the Advice and
Consent of the
Lords Justices
of Appeal ilk
Chancery and

Cliaacex7 shall forka tbe Court of- Appeal in Cbaocerj Qf tJieaaid
County Palatine. • t

IL AU the Jurisdiction, Powers^ and Authorities oC the Coort
of Appeal may be exercised either by. One only of :thfi( Jiaid iiocds
Justices and the Chancellor of the said Diuchy and Qounty P(d$^
tme, siUang together as such Court of Appeal»or b^.bqthof.itbe
said Lords Jtistiees sittings as suoh Court a|Nirt from the Chwic»dhir
of the sadd Duchy aud County P^tine ^ Pjroviddd alwu^jWy tiUll
the Chsaciollor of tiie said Duchy and Caunty Palatine miij) wUle
sitting alone or apart from the said Lords Justices^ have and ^eh-
«i8e the like Jur»diettons, Powers, and Autliorities as. anight hii?e
been exercised by the Chancellor of the said Duchy and Comntgr
Palatine sitting alone, if this Act. had not been passed.

IIL All Decisions, Decrees^ or Orders of the Court of Appeal
shall be subject to Appeal to the House of Lords in the Cases and
under the Conditions in and under which the like Decisions and
Decrees or Orders of the Chancellor of the said Duchy aajl County
Palatine, sitting aloae, or' ti^ether with any other Persoii or Per-
sons, would have been subject to such Appeal if this Act. had not
been passed. . , < . , , ;

lY. The Decision of the Majority of the Court 6f Appeal shall
be taken and deemed to be the Decision of the said C9Hirt.; and if
the Judges of the Court be equally divided in Opinion, on any
Cause or Matter brought before the Court by way of Appeal, the .
Decree or Order appealed from shall be taken and deemed to be
affirmed. . .

Y. The Court of Appeal shall make such Regulations as may
from Time to Time be necessary for fixing aud regulating the
Sittings and Business of the Court ; and the Registrar and other
Officers who, according to the -existing Practice, are attendant
upon the ChanceUor* of the said Duchy and County Palatine^ .in
Matters, of Appeal in .his Chancery shall be the Registrar and
Officers of the Court of Appeal, and ^liall be in like Manner .atten-
dant upoli the said Court of Appeal : Provided always, that anr
Order of the said Court of Appeal may and shall "be drawn up by
any-Registrar of the High Court of Chancery, if so directed by the
"said Lords Justices or either of them.

YL ' Whereas it was enacted by the First Section of ihesaiU

* recited Act thatit should be lawful, from and after ihe> passing

* of the said Act, for the Chaneellor of the?Duchy and CoiiAty

* Palatine of- Lancaster for the Time being, with the Advice anli

* Consent of tlio Vice-Chaocellor of the said County Palatine for
' the Time being, and One of the Yicd^dhandellors of the High

* Court of Chancery, to be named for that Purpose by Writing
' under the Hand of the Lord High Chancellor or other Offic^

* having the Custody of the Gredt Seal, or (if more tiisui' One)

* of the Chief Commissioner or Officer having such Custody, -by

* any Rules or Orders to be by him from Time to Time made, with
' such Advice and Consent as aforesaid, to make such Alterations

* as to him might seem expedient in the Form of Writs and Com-
' missions, and the Mode of sealintr, issuing, executing, and r^tum-

* ing the same ; aiwl also in the Form of and Mode of filing Bills,

* Answers, Depositions, Affidavits, or other Proceedings 5 and in

* the Form or Mode of obtaining Discovery by Answer in Writing

*• or

A.ttl854L 17'* & IS'^ VICTOBIiEJ C.82. 292

* or othermse i ud in the Femi or .Mode of Pleading and of the Vice-Chan-
' taking Eyidence ; and generaUj of proceeding to obtain KeHef ceUor of the

* in the Conri of Chanccrj of the said County Palatine,tind in the 9^^^*^ P^ a

* general Practice of the itaid Court ; and also in the Form and ^"^*' l t:..t

* Mode of proceeding before the Ecgistrar of the said Court; ' ' ' ' i

* and of drawing up, entering, and enrolling Orders and Decrees, \ '. .;'

* and of making and delivering Copies of Pleadings and otheir ~ ' , ^/;)

* Proceedings ; and also to regulate the Taxation, Allowance, and ... )

* Riymentof Costs; and all other the Business of tho siud Court :'
Be it enacted, That Kll the Powers thereby given to the Chancellor
of the said Duchj and County Palatine .of Lancaster shall not,
from and after the passing of this Act, bo exercised with such

AdTice and Asdstanoe as aforesaid, but shall be exercised with i'*.

the Adtice and Consent of One of the Lords Justices of Appeal
in Chancery for tibe Time being and tho Vice-chancellor of the ' / '^^ '
said CovBty Palatine for the Time being. . '/ -' I ^

VIL In all Cases in which, by reason of any Petsonbeing out Court of Appeal
of the Juasdiction of the Court of Chancery of tho said County ™*y "^ . , .^
I^datine^ or oth^fVise, effcctuid Protection cannot be given to any t^^tioa gf
Ward of thesaid Conrt, or toany Executor, Administrator^ Officer v^^jg^ ^. i'
of the Oonrtf or other Person entitled to the Protection of the said ]

Conrt, against any Action, Suit, or other Proceeding,. or in which; • ,

for the same Reason or otherwise, any Contempt of the said Court
cannot be effectually punished, it shall be lawful for the Court of
Appeal, upon; the Application of any Persoa concerned, to make
such Order or Orders for the Protection of such \Yard, or of such
Exeeotor, Administrator, Ofiicer of the Court, or other Person as
aforesaid, or for the Punishment of any such Contempt, as to the
said Court of Appeal shall seem just, and according to the Prac-^
tioe of the High Court of Chancery in like Matters ; and every
such Order shall have the same Operation and Effect as an Order '
of the High Court of Chancery, and shall and may bo enforced;
and all Proceedings shall and may be had tliercupon, as if the
same had been made by that Court.

Vm. In all Cases in which any Person who may bo a necessary in Cases irhere
or proper Party to any Suit or other Matter in the Court of Parties are out
Chancery of the said County Palatine shall not be etubject to the of the Jurisdic-
Jnriodiction of the said Court, it shall be lawful for tho Court of ^^"^^''^y ^
Appeal, on the Application of tho Plaintiff in such Suit, or of dny eiUierdlre<^the
Person to whom the Conduct of such Suit may have been cOm-> Cause or
mitted, or of the Party proceeding in such otlior. Matter, if that Matter to be
Coort shall think fit, and according as it shall appear to that Court tiTin^erred to
beet calculated to answer the Ends of Justice, either to order and of Chanoenr^o?
direct that the said Suit or other Matter be transferred to Uio Service to be
High Court of Chancery, or otherwise to order and; direct that efifected out of
such Service as may be proper l)e effected upon such Person out the Jurisdic-
of the Jurisdiction of the said Court of the said County Palatine, ^*°°*
and sach Application shall bo made either ex parte or upon such
Notice as the said Court of Appeal shall think fit : Provided
nevertheless, that if such Order ibr Service shall have been made
without Notice to any Person affected thereby, it shall be lawful
for the Court of Appeal, upon the subsequent Application. of any
snoh Person, to mi^e such Order for transferring the sa'ul Suit or

other

300

0.82.

17** & 18* VICTOBI-fi.

iuD.1854.

Suits trans-
ftmd to b6
proceeded with
aoooidiiigtothe
Fhustioeofthe
Court of
Cfaancerf, &c

Pjroyuioiis as
to enforcing
Decrees, &cto
apply to Court
of AppeaL

All the Powers
and Aathorities
of the Trustee
Act, 1850, and
15 & 16 Vict
c 55., shall
extend to LaQds
and Personal
Property in the
County P^-
tine.

Other Matter to the High Court of Cfiancery, or otherwise^ as to
the said Court of Appeal shall seem just.

IX. In case such Suit or Matter shall be directed to be trans*
ferred as aforesaid, all Proceedings therein shall be transmitted by
the Officer of the Court of the said County Palatine to the proper
Officer of the High Court of Chancery, to be filed, and the same
shall thereafter be proceeded with according to the Practice of
that Court ; and in case Service shall be directed as aforesaid, the
same shall be of such and the same Force and Effi^ct, and such and
the same Proceedings may be had thereupon, as if Service had
been duly effected within the Jurisdiction of the said Court of the
said County Palatine.

X. The Provisions in the said recited Act contained for enforcing
Decrees and Orders made by the Court of Chancery of the said
County Palatine, by making them Decrees or Orders of the High
Court of Chancery, shall extend and apply to Decrees or Orders
made by the Court of AppeaL

XI. * And whereas by the Twenty-first Section of the Trustee

* Act, 1850, it was enacted, that as to any Lands situated within
' the County Palatine of Lancaster it shall be lawful for the Court

* of Chancery in the County Palatine of Lancaster to make a like

* Order in the same Cases as to any Lands within the Jurisdiction
' of the same Court as the Court of Chancery has under the Pro-
' visions therein-before contained been enabled to make concerning

* any Lands, and that every such Order of the Court of Chancery

* in the County Palatine of Lancaster should, as to such Land^
' have the same Efiect as an Order of the Court of Chancery:

* Provided always, that no Person who is anywhere within the
' Limits of the Jurisdiction of the High Court of Chancery should

* be deemed by such local Court to be an absent Trustee or Mort-

* gagee within the Meaning of that Act : And whereas by an Act
' of the Fifteenth and Sixteenth Years of the Queen, Chapter

* Fifty-five, the Provisions of the Trustee Act, 1850, were in some

* respects amended, tind further and other Provisions made : And
' whereas several Provisions of the said Trustee Act, 1850, sub-

* sequent to the Twenty-first Section, and the Provisions of the
' said Act of the Fifteenth and Sixteenth Years of the Queen,
' Chapter Fifty-five, are applicable and ought to be applied to

* Persons and Property within the Jurisdiction of the said Court
' of Chancery of the County Palatine of Lancaster : And whereas

* by the Eleventh Section of the said Act of the Thirteenth and

* Fourteenth Years of the Queen, Chapter Forty-three, it was

* enacted, that when, under and by virtue of any Act of Parlia*

* ment made and passed or which might thereafter be made and

* passed, or by any Orders or Regulations made in pursuance
' thereof. Application is authorized or allowed to be made by

* Petition or Motion, or otherwise, to the High Court of Chancery,
' or any Judge of the said Court, and summary Jurisdiction to be
' exercised thereon, (unless in any Act of Parliament to be there-

* after passed the contrary should be expressly enacted,) it should

* be lawful for the Court of Chancery of the said County Palatine,

* so far only as regards all Persons and Property within its Juris-

* diction, to exercise the like summary Jurisdiction, and in the

same

A.D.1854. 17* & 18« VICTORI-ffi. C.82. 801

' same Manner and subject to the same Restrictions in all respects

* as the said High Court of Chancery or an j Judge thereof might

* exercise in the like Matters : But whereas Doubts are entertained
' as to the Extent of the Jurisdiction of the said Court of Chan-
' cerj of the said County Palatine with respect to Trust Estates
' within the said County Palatine, so far as relates to the Provi-

* sions of the said Trustee Act of 1850 subsequent to the Twenty-

* first Section, and to the Provisions of the said Act of the
' Fifteenth and Sixteenth Years of the Queen, Chapter Fifty-five :'
Be it enacted. That all the Powers and Authorities given by the
said Trustee Act of 1860, and by the said Act of the Fifteenth
and Sixteenth Tears of the Queen, Chapter Fifty-five, to the
Court of Chancery in England^ and all the Provisions therein
contained, shall and may* be exercised in like Manner and are
hereby given and extended to the said Court of Chancery of the
said County Palatine, with respect to all Lands and Personal
Estate within the said County Palatine : Provided always, that
no Person who is anywhere within the Limits of the Jurisdiction
of the High Court of Chancery shall be deemed by the Court of
Chancery of the said County Palatine to be an absent Trustee or
Mortgagee within the Meaning of the said Acts.

XIL When under or by virtue of any Act of Parliament Powers of
already made and passed or which may hereafter be made and Court of
passed Power and Jurisdiction are or shall be given to the High SS^^SfiSL
Court of Chancery to manage, dispose of, or deal with the Pro- ™{^iS!^
petty of Infants or other Persons under Disability, or to manage, J^T^d in the
dbpose o£^ or deal with Property in the Administration of Assets, AdminiBtradoa
then and in every such Case (unless in any Act the contrary be of Aaiets to be
expressly enacted) it shall be lawful for the Court of Chancery of ^^^i'^i^ ^
the said County Palatine, so far only as regards all Persons and ^•**^« ^^^
Property within its Jurisdiction, to exercise the like Power and
Jurisdiction in the same Manner and subject to the same Restric-
tions in aU respects as the said High Court of Chancery might
exercise in the like Matters.

Xin. ' And whereas by the Twelfth Section of the said Act of Monies pay-

* the Thirteenth and Fourteenth Years of the Queen, Chapter able under

* Forty-three, it was enacted, that all Monies payable in respect *^fL** J^^to

* of Lands situate within the said County Palatine, and which Jie Itamk

' are authorized to be paid into or deposited in the Bank of of England

* England to the Account of the Accountant General of the High may be paid

* Court of Chancery, under and by virtue of the Lands Clauses into Branch

* Consolidation Act, 1845, or any Local or Special Act passed or ^*^^^

* to be passed incorporating the Provisions of the said last- pjj^^^
' mentioned Act, or otherwise authorizing the taking or using of

' Lands situate in the said County Palatine, and also that all
' Monies and Securities held by any Party who might be sued in
' the Court of Chancery of the said County Palatine in respect

* thereof, and which under and by virtue of an Act made and
^ passed in the Parliament held in the Tenth and Eleventh Years

* of the Reign of Her present Majesty, intituled An Act for better

* tecurinff Trust Funds^ and for the Relief of Trustees^ might be
' in like Manner paid or transferred into or deposited in the Bank

* of England to the Account of the said Accountant General,

* might, from and after the passing of the said Act now in recital,

* be

308

£;.62i

I7« & 18* VICTORIJEf

A.Daes4.

FlroTision as
to Costs and
Appeal

Short Titles.

^ be in Wso Manner paid or tnuisferred into 6r deposited An Ad
1 Bank of England, to the- joint Account of the Clerk Af tbe
' GoiiQcil of the Duchy of Lcmcaster and of the Registrar and
i Comptroller of the sail County PabUine Conrt, in the flatter in
' respect whereof such -Payment, Transfer^ or Deposit shoold be
'.made, and that the Beceipt of One of -the Cashiers of the said
.' Bank should foe a full Discharge to the Person paying or trans-
' ferring of depositing the same, and that such Monies and Seen-
< rities, and all Costs' o£ Application in respect thcireof, shooidbe

* dealt with by the said Court of Chancery of the County Palatine

* in the same Manner as the same might be dealt with hj the

* High Court of Chancery, or by the Lord High Chancellor or
5 any of the Judges of the said High> Court, if such Monies or
^ Securities had been paid or transfini^d into or deposited in the
*. B^xik of England to the Credit of the Accountant iGeneral of
f. that Court, and the Lands in respect of which such Payment,
' Transfer, or Deposit should be made might be dealt with in
^ liie same' Manner as if it had been made in manner prescribed
f by the Lands Clauses Consolidation Act : And whereas since
' the passing of the said recited Act the said County Palatine has
' been divided into Districts^ and Registrars and ComptxoUers

* have been appointed for such Districts rei^ctively :' Be it
enacted^ That any Monies and Securities to be paid or transferred
or deposited under the said recited Provision may be so paid or
transferred into or deposited with some one or other of the
Branches of the Bank of England within the said County
Palatine, to the joint Account of the Clerk of the Council of the
Ihichy of Lancaster and the Registrar and Comptroller of the
District within which such Branch Bank is so situate, and the
Receipt of the Manager, or Agent, or Cashier of snch Branch
Bank shall be a full Discharge to the Person paying or trans-
ferring or depositing the same, and such Payment, Transfer, or
Deposit shall have the same Force and Effect as any Payment,
Transfer, or Deposit made under the said recited Provision would
have had : Provided always, that no Monies shall be 30 paid or
deposited under or by virtue of the, Lands Clauses Consolidation
Act, 184^, or any Local or Special Act as aforesaid, in case the
Party who would have been entitled to the Rents and Profits of
the Lands in respect of which such Monies shsdl be payable, or
his or her Guardian or Committee in case of Infancy or Lunacy,
shall at any Time before such Payment or Deposit serve or cause
to be served a Notice in Writing at the Office of the Company
taking the Lands, requesting them not to make the Payment or
Deposit.

XTV. In all Proceedings under and by virtue of this Act the
said Court of Chancery of the County Palatine and the Court of
Appeal hereby constituted respectively shall have full Jurisdiction
to deal with the Costs thereof and occasioned thereby, and all
Orders made by the said Courts respectively, in pursuance of tliis
Act, shall be subject to Appeal in the same Manner in all respects
as any other Orders of the said Court of Chancery of the said
County Palatine.

XV. Whenever it shall be necessary to cite or refer to the said
first-recited Act or this Act, it shall be sufiicient to cite or refer

to

CJ

A.BJ454; 17^. & 18^ YlCTOBlMi C.82,«3; SOS

to the same MBpectivclj aa tlie '^ Court of Clmnoery of Laneasieri
Act, 18^" and as^ the << Court of Chaacerj ^ Lancaster Act,
ISM.**

CAP. LXXXIII.

An Act to amend the Laws relating to tlie Stamp Duties.

[lOtii Auffust 185^.}

'.\\rHE^£AS it is expedientrto repeal the Stamp Duties now

' ^^ payable in re^ct of the several Instruments, Matters^

' and Things mentioned or described in the Schedule to thi« Aet

' annexed, and to impose other Stamp Duties in lieu thereof^ and . . j ... a

* oliherwiae to amend the Laws relating to Stamp Duties:' Be it . ^ - ^

V therefore enacted by the Queen*s most Excellent Majesty, by , ' / -^"^

and with the Advice and Consent of the LordaSpiritual and Tem-*

poral, and Commons, in this present Parliament assembled, and \, \^' .^

by the Authority of the isame, as follows : .

I. From and after the Tenth Day of October One thousand Stamp Duties
eight hundred and fifty-four the Stamp Duties now payable in on Instruments
^^ai Britain and Ireland respectively, under or by virtue of S^^^^^J*^^^ -
any Act or Acts of Parliament for or in respect of the several fh^ AdL my-. '^
Inttniments, Matters, and Things -mentioned or described in the able under ^
Schedule to this Act annexed, and whereon other Duties are by other Acts
this Act granted, shall respecMvely cease and determine, and shall repealed, and
be and the same are hereby repealed ; and in lieu thereof there *^® ^^^ . ,
shall be granted, charged, and paid in and throughout -the United gch^ule^ ^'
Kingdom of Great Britain and Ireland^ unto and for the Use of granted in lieu*
Her Majesty, Her Heirs and Successors, upon 4md in respect of thereof ' ./
the several Instruments, Matters, and Things described or men-
tioned in the said Schedule, or upon or in respect of the Vellum, ',
Parchment, or Paper upon which any of them respectively shall ..• >
be written, the several Duties or Sums of Money specified and -
set forth in the said Schedule, which said Schedule, and the
several Provisions, Regulations, and Directions therein contained)
shall be deemed and taken to be Part of this Act, and shall be
applied, observed, and put in execution accordingly: Provided
always, that nothing herein contained shall extend to repeal or - •:
alter any of the said Stamp Duties now payable in relation to any c
Bill of Exchange, Promissory Note, or other Instrument which *
shall have been drawn, made, or signed, or which shall bear Date
before or upon the said Tenth Day of October One thousand eight .
hundred and fifty-four. . *«-

n. The said Duties by this Act granted shall be denominated The new Duties
and deemed to be Stamp Duties, and shall be under the Care and ^7 t^s Act
Management of the Commissioners of Inland Revenue for the f^^^^^-j^SJdT
Time being ; and all the Powers, Provisions, Clauses, Regulations, g^^Duties,
Directions, Allowances, and Exemptions, Fines, Forfeitures, Pains, and to be under
and Penalties contained in or imposed by any Act or Acts or any the Care of
Schedule thereto, relating to any Duties of the same Kind or Commissioners
Description heretofore payable in Great Britain and Ireland ^Ii^lwd'
respectively, and in force at the Time of the passing of this Act., ^^^^
shidi respectively be in full Force and Effect with respect to the Powers and
Duties by this Act granted, and to the Vellum, Parchment, and Provisions of ;
Paper, Instruments, Matters, and Things charged and chargeable [o™^«J ^^ ^^

' therewith, ^«^°^°'^-

304 0.83. 17' & W VICTOBI^. A.D.1854.

therewith, and to the Penons liable to the Payment of the aaid

Duties, 80 far as the same are or shall be applicable, in all Cases

not hereby expressly provided for, and shall be observed, applied,

allowed, enforced, and put in execution for and in the raising,

levying, collecting, and securing of the said Duties hereby granted,

and otherwise in relation thereto, so far as the same shall not be

superseded by and shall be consistent with the express Provisions

of this Act, as fully and effectually to all Intents and Purposes

as if the same had been herein repeated and specially enacted,

muiaiis mutandis^ with referenoB to the said Duties by this Act

granted.

Bills dnwn oat HI. The Duties by this Act granted in respect of Bills of

of UnitedKing- Exchange drawn out of the Unit^ Kingdom shall attach and be

dom to be payable upon all such Bills as shall be paid, indorsed, transferred,

s^^ed with ^^ otherwise negotiated within the United Kingdom wheresoever

StsmpT ^^^ ^^^ ^^y ^ payable, and the said Duties shall be denoted by

adhesive Stamps, to be provided by the Commissioners of Inland

Revenue for that Purpose, and to be affixed to such Bills as

herein-after directed.

Bilk purporting IV. Every Bill of Exchange which shall purport to be drawn

to be draiim at any Place out of the United Kingdom shall for all the Purposes

«h^ ^f™*^ of this Act be deemed to be a Foreign Bill of Exchange drawn

to be 80 drawn. ^^^ ^^ ^^^ United Kingdom, and shall be chargeable with Stamp

Duty accordingly, notwithstanding that in fact the same may have

been drawn within the United Kingdom.

The Holder of a V. The Holder of any BiU of Exchange drawn out of the United

Bil Idrawn out Kingdom, and not having a proper adhesive Stamp affixed thereon

of the United ^s herein directed, shall, before he shall present the same for Pay-

Sf^^*ad^- ™®^*» ^^ indorse, transfer, or in any Manner negotiate such Bill, affix

nve Stamp ' thereon a proper adhesive Stamp for denoting the Duty by this

theMonbefiire Act charged on such Bill; and the Person who shall indorse,

negotiating it transfer, or negotiate such Bill shall, before he shall deliver the

same out of his Hands, Custody, or Power, cancel the Stamp so

affixed by writing thereon his Name or the Name of his Firm and

the Date of the Day and Year on which he shall so write the

same, to the end that such Stamp may not be again used for any

Penalty for other Purpose ; and if any Person shall present for Payment, or

n^gotii^g shall pay or indorse, transfer or negotiate any such Bill as aforesaid

"""^ ^ ^^' whereon there shall not be such adhesive Stamp as aforesaid duly

^^nA^n^fr- affixed, or if any Person who ought as directed by this Act to

lectingto caned cancel such Stamp in manner aforesaid shall refuse or neglect

tath Stamp. so to do, such Person so offending in any such Case shall forfeit

the Sum of Fiflby Pounds ; and no Person who shall take or

receive from any other Person any such Bill as aforesaid, either

in Payment or as a Security, or by Purchase or otherwise, shall

be entitled to recover thereon, or to make the same available for

any Purpose whatever, unless at the Time when he shall so take

or receive such Bill there shall be such Stamp as aforesaid affixed

thereon and cancelled in the Manner hereby directed.

Penalty for YI. If any Peraon shall within the United Kingdom draw and

?»T™«2^ issue any Bill of Exchange payable out of the United Kingdom

l^iTOrporthiff purporting to be drawn in a Set, and shall not draw and issue on

to be drawn in Paper duly stamped as required by Law the whole Number of

a Set, and not Bills which such Bill purpoi'ts the Set to consist o^ or if anj

Person

A.D.1854* 17^ & 18<> VICTORIiE, C. 83. 305

Person shall within the United Kingdom transfer or negotiate anj . drawing the

sach Bin of Exchange as aforesaid purporting to be drawn in a Set, whole Set

and shall not at the same Time transfer or deliver on Paper duly

stamped as aforesaid the whole Number of Bills which such Bill

purports the Set to consist of, eveiy such Person so offending in

any of such Cases shall forfeit the Sum of One hundred Pounds ;

and if any Person shall take or receivein the United Kingdom any Penalty on

snch Bill as aforesaid, either in Payment or as a Security or by taking or

Purchase or otherwise, without having transferred or delivered ^J^^"*^ *"*^^

to him duly stamped as aforesaid the whole Number of Bills which

such Bill purports the Set to consist of, he shall not be entitled

to recover on any such Bill, or to make the same available for any

Purpose whatever.

VIL * And whereas, under and by virtue of certain Acts re- Ungtamped

* lating to Stamp Duties, certain Drafts or Orders for the Payment ?™^ ^^

* of any Sum of Money to the Bearer on Demand, drawn upon ^jreJlSS*^

* any Banker or Person acting as a Banker residing or trans^ beyond 16 Miles

* acting the Business of a Banker within Fifteen Miles of the of the Flace

* Place where such Drafts or Orders are issued, are exempted where made

* from all Stamp Duty, and it is expedient to prevent the negoti- Payable.

* ating or circulating of such Drafts or Orders unstamped at any

* Place beyond the Distance of Fifteen Miles from the Place where

* the same are made payable :' Be it enacted, That no such Draft
or Order as aforesaid shall, unless the same be duly stamped
as a Draft or Order, be remitted or sent to any Place beyond
the Distance of Fifteen Miles in a direct Line from the Bank or
PUce at which the same is made payable or be received in Pay-»
ment, or as a Security, 'or be otherwise negotiated or circulated at

any Place beyond the said Distance ; and if any Person shall remit Penalty on
or send any Draft or Order not duly stamped as aforesaid to any ]^"^?"
Place beyond the Distance aforesaid, or shall receive the same in ^"^"^^^K-
Payment or as a Security, or in any Manner negotiate or circu-
late the same at any such last-mentioned Place, he shall forfeit the
Sum of Fifty Pounds.

Vin. Provided always. That it shall be lawful for any Person DraftalawftiUy
who shall receive any such Draft or Order as aforesaid at anv ^*''*®?^'
Place within the said Distance of Fifteen Miles from the Bank J^"^"*^
or Place at which the same is made payable, which Draft or Order ^ stamp be ne-
shall have been lawfully issued unstamped, to affix thereto a gotiated beyond
proper adhesive Stamp, and to cancel such Stamp by Writing 15 Miles.
thereon his Name or the Initial Letters of his Name, and thereupon
such Draft or Order may lawfully be received and negotiated at
any Place beyond the Distance aforesaid, anything herein con-
tained notwithstanding.

IX. * And whereas an Act was passed in the Seventeenth Year Provisions of
' of the Reign of King George the Third, Chapter Thirty, for ^^ ^'Jl^^'

* restraining the Negotiation of Promissory Notes and Inland Bills ^^te on
' of Exchange under a limited Sum :' Be it enacted. That the Bankers
said Act, and any Act or Acts continuing or perpetuating the rep^ed.
same, shall so far as they respectively extend or may be deemed

or construed to extend to any Draft on a Banker for Payment of
Money held for the Use of the Drawer, be and the same are
hereby repealed.
17 &^ 18 Vict. X X. The

306 0.83 17** & 18° VICTORLaE. A.D.1854.

Stamps denot* X. The adhesive Stamps provided bj the Commissioners of
ing the Dnty of Inland Revenue for denoting the Dutj of One Penny payable on
f^'S!?^'**^ Receipts and on Drafts or Orders for the Payment of Money to
&c w^OTt* *^® Bearer or to order on Demand respectively may lawfully be
regard to their ^^^ ^^^ ^^® Purpose of denoting the like Amount of Dnty either
special Appro- on a Receipt or on such Draft or Order as aforesaid, without re-
priatioo. gard to the special Appropriation thereof fop the other of such

Instruments by having its Name on the Face thereof, anything in
any Act or Acts contained to the contrary notwithstanding.

What shall b« ^^' ^ -^^ whereas an Act was passed in the Seventh and Eighth
deemed Bank * Years of Her Majesty's Reign, Chapter Thirty-two, to regulate
Notes within * the Issue of Bank Notes ; and an Act was passed in the Eighth
the Meanings of « and Ninth Years of Her Majesty's Reign, Chapter Thirty-eight,
^ a/ ^d^ * ^^ regulate the Issue of Bank Notes in Scotland g and anoSier
s&i'vict * Act was passed in the last-mentioned Years, Chapter Thirty-
oc 38. & 87. * seven, to regulate the Issue of Bank Notes in Ireland; and in

* order to prevent Evasions of the Regulations and Provisions of

* the said respective Acts it is expedient to define what shall be

* deemed to be Bank Notes within the Meaning thereof respec-

* tively :' Be it enacted. That all Bills, Drafts, or Notes (other
than Notes of the Bank of England) which shall be issued by any
Banker or the Agent of any Banker for the Payment of Money
to the Bearer on Demand, and all Bills, Drafts, or Notes so issued
which shall entitle or be intended to entitle the Bearer or Holder
thereof, without Endorsement, or without any further or other
Endorsement than may be thereon at the Time of the issuing
thereof, to the Payment of any Sum of Money on Demand, whether
the same shall be so expressed or not> in whatever Form and by
whomsoever such Bills, Drafts, or Notes shall be drawn or made,
shall be deemed to be Bank Notes of the Banker by whom or
by whose Agent the same shall be issued within the Meaning of
the said Three several Acts last mentioned, and within all the
Clauses, Provisions, and Regulations thereof respectively.

All Bills, XU. All Bills, Drafts, and Notes which by or under this Act,

Draft*. "** or the said Three several Acts last mentioned, or any of them re-
]^kN^ spectively, are declared or deemed to be Bank Notes, shall be
under the above subject and liable to the Stamp Duties, and Composition for Stamp
recited Acts Duties, imposed by or payable under any Act or Acts in force
liable to Stamp upon or in respect of Promissory Notes for the Payment of Money
Duties, &c. to the Bearer on' Demand ; and all Clauses, Provisions, Regu-
lations, Penalties, and Forfeitures contained in any Act or Acts
relating to the issuing of such Promissory Notes, or for securing
the said Stamp Duties and Composition respectively, or for pre-
venting or punishing Frauds or Evasions in relation thereto, shall
respectively be deemed to apply to all such Bills, Drafts, and
Notes as aforesaid, and to the Stamp Duties and Composition
payable upon or in respect thereof, anything in this Act, or any
other Act or Acts, to the contrary notwithstanding.

ISzemption XIH. * And whereas under and by virtue of certain Acta re-

from Stamp « lating to Stamp Duties, Letters by the General Post acknow-
^k^ ^Jd^*" * hedging the safe Arrival of any Bills of Exchange, Promissory
asedpt rf^S. * ^^^^f or ^^^^ Securities for Money are exempted firom the
&c repealed. ' Stamp Duty granted, and imposed on Receipts or Discharges

* given

A.D.1854. 17" & 18« VICTORI-ffi. C.83. 307

* giyen for or apon the PajmeDt of Money :' Be it enacted, That
the said Exemption shall be and the same is hereby repealed.

XIY. ^ And whereas under and hy virtue of the Laws in force Receipts for
' the Stamp Dntj on Receipts given for or upon the Payment of ^^^7 paid to

* Money to or for the Use of Her Majesty, Her Heirs or Sue- *^® ^"^fro

* ceasors, is made payable by the Person requiring any such ^^p Duty."*

* Receipt:' Be it enacted, That all such Receipts as last men-
tioned shall be and the same are hereby exempted from Stamp
Duty.

XV. * And whereas by an Act passed in the Thirteenth and is & u Vict

* Fourteenth Years of Her Majesty's Reign, Chapter Ninety- c-^7.
' seven, certain reduced Rates of Stamp Duty were granted and

^ made payable under the Head or Title of *' Duplicate or Coun-

* terpart" in the Schedule thereto annexed : And whereas by an 16 & 17 Vict

* Act passed in the last Session of Parliament, Chapter Sixty-three, ^ ^^'
' certain Stamp Duties were granted and made payable upon Con-

* veyances, Charters, Dispositions, and Contracts described under

* the Head or Title of <' Conveyance " in the Schedule to the said

* last-mentioned Act, but no Provision is made for charging the

* Duplicates or Counterparts of the said Conveyances, Charters,

* Dispositions, and Contracts with the said reduced Duties, and

* it is expedient to give such Relief in that respect as herein-after

* mentioned :' Be it enacted, That it shall be lawful for the Com- BeHef to Per-
missioners of Inland Revenue, and they are hereby required, upon J^ ^ ^^«
Prodaction to them of any such Conveyance, Charter, Disposition, ^^^ of £on-
or Contract duly stamped, and of the Duplicate or Counterpart Yeyances de-
thereof stamped for denoting the Amount of Duty chargeable scribed In
upon a Duplicate or Counterpart under the said Act of the le&iTVict
Thirteenth and Fourteenth Years of Her Majesty, to stamp the ^' ^^*

said Duplicate or Counterpart with the particular Stamp directed
by the said last-mentioned Act to be impressed upon a Duplicate
or Counterpart for denoting or testifying the Payment of the full
and proper Stamp Duty on the original Deed or Instrument ; and
if the said Duplicate or Counterpart shall be stamped with any
ad valorem Stamp Duty of greater Amount than the Amount of
Stamp Duty so chargeable as aforesaid on a Duplicate or Counter-
part, the said Commissioners shall allow and repay such Excess of
Stamp Duty, and rectify the Stamps accordingly, and thereupon
such Duplicate or Counterpart shall be deemed to be duly stamped.

XYL And where any Conveyance, Charter, Disposition, or Deeds made
Contract described in the Schedule to this Act shall be made for several
partly in consideration of such annual Sum as in the said Schedule ^^f^^* tobe
is mentioned, and partly in consideration of a Sum of Money or "h^^efl^ in
Stock as mentioned under the Head or Title of " Conveyance" respect of eacK
in the Schedule to the said Act of the Thirteenth and Fourteenth
Years of Her Majesty, such Conveyance, Charter, Disposition, or
Contract shall be chargeable with the ad valorem Stamp Duties
granted by the said Acts respectively in respect of each of the
said Considerations ; and in any Case where any Deed or Instru-
ment which shall be chargeable with any ad valorem Stamp
Doty in respect of any Sum of Money yearly or in gross or any
Stock or Security therein mentioned shall be made also for any
further or other valuable Consideration, such Deed or Instrument

X i shall

308 C.83. l?** & 18» VICTORIiB. A.D.1854.

shall be chargeable (except where express Provision to the con-^
trarj is or shall be made in anj Act of Parliament) with such
farther Stamp Duty as anj separate Deed or Instrument made
for such last-mentioned Consideration alone would be chargeable
with, except progressiye Duty.
ComminioneTS XYIL And to prevent Fraud and Evasion of Stamp Duty in
of Inland uny Case where Application is made to the Commissioners of

B«venue,before inland Revenue to assess and charge the Stamp Duty to which
DntyuiM>n any ^^J ^^^ ^^ Instrument is liable, or to impress on any Deed or
De^ may Instrument the particular Stamp provided to denote the Payment
require Proof of the full and proper Duty on the same or on any other Deed or
that the Facts Instrument, or that any Deed or Instrument is not liable to any
^^ ^^^* Stamp Duty, it shall be lawful for the said Commissioners to
are frnlyi^ated. '^^'^ ^^^^ Evidence by Affidavit as diey may deem necessary
in order to show to their Satisfaction the Q[uantity of Words con-
tained in any such Deed or Instrument, and whether or not the
Consideration, or any definite or certain Sum or Sums of Money,
Stock, or other valuable Matter or Thing capable of being ascer-
tained and set forth, or any other Facts, upon the full or proper
Statement of any of which Matters and Things in such Deed or
Instrument the Stamp Duty which shall be or which ought to be
payable thereon shall in any Measure depend, is or are truly and
fuUy set forth therein ; and it shall be lawful for the said C^om^
missioners and their Officers in any Case to refuse to impress on
any such Deed or Instrument, or any Duplicate or Counterpart
respectively, the particular Stamp to denote the Payment of the
full and proper Duty as aforesaid, except on Pa3rment of the full
Stamp Duty which would be chargeable on such Deed or Instru-
ment if all or any of such Matters and Things aforesaid had been
truly set forth therein.
The Affidavit XVIII. Provided, That no such Affidavit shall be used agunst
not to be used ^j^j Person making the same in any Proceeding whatever, except
Pur^^ only in any Inquiry as to the Stamp Duty with which such Deed

"'^*^* or Instrument is chargeable, and every such Person shall, upon

Payment of such full Stamp Duty as aforesaid, be relieved from
any Penalty, Forfeiture, or Disability he may have incurred by
reason of the Omission to state truly in such Deed or Instrument
any of the Facts, Matters, and Things aforesaid.
4S Q. 3. c U9. XIX. ' Whereas by an Act passed in the Forty-eighth Year of

* the Reign of King George the Third, Chapter One hundred and
' forty-nine, certain Penalties and Disabilities were imposed upon

* the Parties to any Deed or Instrument of Conveyance of Pro-
' perty upon Sale, wherein the full Purchase or Consideration
' Money directly or indirectly paid or secured or agreed to be

* paid should not be truly expressed and set forth, and also upon

* the Attorney, Solicitor, Writer to the Signet, or other Person
' employed in or about the preparing of any such Deed or Instru-

* ment : And whereas the Sale of a Trade or Business, or the

* Goodwill thereof, has been erroneously considered by some
' Persons not to be a Sale of Property within the Meaning of

* the Acts imposing ad valorem Stamp Duties on the Conveyance

* thereof, and the Instruments whereby f^perty of that Descrip-
^ tioD, or whereby certain Messuages, Lands, or other Properly

* wherein

A.D.1854. 17'' & 18° VICTORI-^. C.83. 309

* wherein or whereupon such Trade or Business has been carried

* on, has or have been in such Cases assigned, transferred, or

* otherwise conveyed to or become vested in a Purchaser may not

* have been stamped with the full and proper Duties with which

* the same were by Law chargeable, and in some Instances the
' Purchase or Consideration Money has been omitted to be fully

* and truly expressed and set forth as required by Law in such

* Instruments, by reason whereof the Parties to such Instruments,

* and the Attorney, Solicitor, Writer to the Signet, or other

* Person employed in or about the preparing of the same, may
' have incurred the Penalties, Forfeitures, and Disabilities in that

* Behalf mentioned in and imposed by the said Act of the Forty-

* eighth Year of King George the Third, and it is expedient that

* they should be relieved therefrom, and that such Instrument

* should be rendered available in Evidence :' Be it enacted. That Indemnity from
in any such Case as aforesaid the Parties to any such Instrument ^^^^^^
made and bearing Date on or before the Fifteenth Day of June 2Sue Ae fWl
One thousand eight hundred and fifiy-four, and every Person Purchase
employed in or about the preparing of the same, shall be and Money in
they are hereby declared to be respectively freed, discharged, and AMrignments on
indemnified from and against any Penalties^ Forfeitures, and Dis- qI^S^^
abilities contained in or imposed by the said last-mentioned Act ^
which may have been incurred by reason of any Omission to ex-
press or set forth in any such Instrument the full and true Pur-
chase or Consideration Money upon the Sale of the Property

thereby conveyed, transferred, assigned, or assured, or vested in
the Purchaser; and all such Instruments shall be available in
Evidence notwithstanding the full and proper ad valorem Duties
which ought to have been paid in respect of the Purchase or
Consideration Money therein expressed for the Conveyance,
Transfer, or Assignment of any such Trade, Business, or Goodwill
shall not have been paid and denoted thereon.

XX. * And whereas it is expedient to reduce the Stamp Duty Stamp Dnty on

* now payable on Licences to Pawnbrokers in Dublin:' Be it p^^kj^k^rgin
enacted, That the Stamp Duty of Fifteen Pounds now payable i>ablin reduced*
on a Licence to be taken out yearly for exercising the Trade or

Business of a Pawnbroker within the City of Dublin, or the Ctr-
eular Road surrounding the same, shall be reduced to the Sum of
Seven Pounds Ten Shillings.

XXL All Indentures of Apprenticeship, Bonds, Contracts, and Co»^*T*?*" ^®'
Agreements entered into in the United Kingdom for or relating ^^^ted'fi^*
to the Service in any of Her Majesty's Colonies or Possessions stamp Duty,
abroad of any Person as an Artificer, Clerk, domestic Servant,
Handicraftsman, Mechanic, Gardener, Servant in Husbandry, or
Labourer shall be and the same are hereby exempted from all
Stamp Duty.

XXIL * And whereas by an Act passed in the Fifty-fifth Year ^^^ ^»P« ^

* of the Reign of King George the Third, Chapter One hundred ^f^b^Se

* and eighty-four, and by the said Act of the Thirteenth and to Stamp Duty

* Fourteenth Years of Her Majesty respectively, certain Stamp by reason of

* Duties were imposed upon any Schedule, Inventory, or Cata- their being

* logue containing the Matters and Things in the said Acts J^f^^ST* *** ^

* respectively mentioxied, which should be referred to in or by writjnS.

310

C.83.

17° & 18» VICTORIA

A.D.1854.

Leases for a
Period less
than a Year to
be chargeable
with Stamp
Duty on the
Kent reserved.

Allowance on
the Purchase of
Stamps not
exceeding the
Rate of U Duty
for Drafts, Bills,
and Notes.

Ko Charge to
be made for
Paper on Sale
of Bill or Note

' and be intended to be used or given in Evidence as Fart of or
' as material to anj Instrument cbarged witb Stamp Duty, but
' which should be separate and distinct therefrom, and not endorsed

* on or annexed thereto, and Doubts are entertained whether the

* said Duties extend to certain Documents and Writings of a

* public Character herein-after mentioned :' For the Removal of
such iA>ubt<^ be it declared and enacted. That the said last-men-
tioned Stamp Duties shall not extend or be deemed to have ex-
tended to anj public Map, Plan, Survey, Apportionment, Allot-
ment, Award, or other parochial or public Document or Writing
whatsoever made under or in pursuance of any Act of Parliament,
and deposited or kept for Reference in any Registry, or in any
public Office, or with the public Books, Papers, or Writiiigs of
any Parish, by reason of any such Document or Writing as tdbre^
said being referred to in or by any Deed or Instrument whatever,
provided that such Document or Writing be not endorsed on or
annexed to such Deed or Instrument

XXIII. * And whereas by the said Act of the Thirteenth and

* Fourteenth Years of Her Majesty and this Act respectively cer-
' tain ad valorem Stamp Duties are granted and imposed upon
' Leases or Tacks of any Lands, Tenements, Hereditaments, or
' Heritable Subjects at a yearly Rent, and Doubts are enter-
' tained whether the said Duties extend to any Lease or Tack for
' any Term or Period less than a Year :' For the Removal of such
Doubts, be it enacted, That where any Lease or Tack of any
Lands, Tenements, Hereditaments, or Heritable Subjects shall be
made for any Term or Period less than a Year at a Rent reserved
or payable for the same, such Lease or Tack shall be chargeable
with the same ad valorem Duty as a Lease or Tack at a yearly
Rent of the same Amount as the Sum so reserved or payable.

XXIV. And in order to encourage the Purchase of Stamps for
Drafts, Bills, and Notes of the several Rates and Denominations
herein-after mentioned, and to facilitate the Distribution and
Supply thereof there shall be granted and allowed to every Person
who at One and the same Time shall produce at the Office of the
Commissioners of Inland Revenue in London or DvbUn^ Paper,
to be stamped with such Stamps or any of them to the Amount of
Five Pounds in the whole or shall purchase such Stamps or any
of them to the like Amount at the Office of the said Commissioners
in Londony Edinburgh, or DuhUn, or of any Distributor or Sub-
distributor of Stamps at any Place not within the Distance of Ten
Miles from the said Offices respectively the Allowance following ;
(that is to say,) on Stamps for denoting any Rate of Duty not ex-
ceeding One Shilling on Bills of Exchange, Drafts, or Orders, or
Promissory Notes, an Allowance after the Rate of Seven and a
Half per Centum on the Amount of such Stamp Duties respec-
tively ; provided that no Allowance shall be made on any frac-
tion of a Pound ; which said Allowanceii are in lieu of any
Allowance payable on Stamps of the like Rates and Denomina-
tions under any other Act or Acts in force.

XXY. And in consideration that such Allowance as aforesaid
is by this Act granted on the Purchase of Stamps of the several
Rates and Denominations aforesaid, it shall not be lawful for any

Person

AJ}A854u

17' & 18" VICTORIJB.

C-83.

311

Person on *the Sale of any such Stamp to make any Charge for
the Paper whereon the same is impressed ; and if any Person
upon the Sale of any Stamp denoting any Rate of Duty not ex-
ceeding One Shilling for any Bill of Exchange, Draft or Order,
or Promissory Note, shall make any Charge for the Paper whereon
the same is impressed, or under any Colour or Pretence whatever
demand or receive a greater Price or Sum than the Amount of
the Stamp Duty, he slmll forfeit the Sum of Ten Pounds.

XXVX Where any Person shall be possessed of any Stamps
rendered useless by this Act, it shall be lawful for the Commis-
sioners of Inland Revenue, on Application to them or to their
proper Officer in that Behalf, at any Time on or before the Fifth
Day of April One thousand eight hundred and fifty-five to cancel
and make Allowance for the same as in the Case of spoiled Stamps,
after deducting the Discount granted and allowed by Law on the
Porehase of Stamps of the like Description.

XXVU. Every Instruthent liable to Stamp Duty shall be ad-
mitted in Evidence in any Criminal Proceeding, although it may
not have the Stamp required b^ Law impressed Uiereon or affixed
thereto.

The SCHEDULE to which this Act refers.

INLAND BILL OF EXCHANGE, Draft, or Order
for the Payment to the Bearer, or to Order, at
any Time otherwise than on Demand, of any Sum
of Money »

Not exceeding - - jf5

Exceeding £5

exceeding

and not

10

25

50

75

100

200

300

400

500

750

1,000

1,500

2,000

3,000

10

25

50

75

100

200

300

400

500

750

1,000

1,500

2,000

3,000

4,000

„ 4,000 and upwards -

FOREIGN BILL OP EXCHANGE drawn in, but
payable out of> the United Kingdom,

If drawn singly or otherwise than in a Set
of Three or more, the same Du^ as on an
Inland Bill of the same Amount and
Tenor.

X 4

0
0
0
0
0
0
0
0
0
0

0 10

0 15

1 0

1 10

2 0
2 5

Stamps where
the Bate of
Duty does not
exceed Is,

Allowance for
Stamps

rendered useless
by this Act

Instroments
admissible in
Eyidence,
though not
properly
stamped.

0 0 1

If

312

C.83.

17" & 18" VICTOBI^.

A.D.1854.

If drawn in Sets of Three or more, for every I>«Qr.
BiU of each Set,

Where the Sum payable
thereby shall not exceed -
And where it shall exceed
£26 and not exceed -
» 50 „ -

>» 75 „

„ 100 „ -

200 „ -

,,800 „ -

„ 400 „ -

500 „ -

« 760 „ -

„ 1,000 „ .
. „ 1,500 „ -

, 2,000 „ -

„ 3,000 „

^y 4,000 and upwards
FOREIGN BILL OF EXCHANGE drawn out of the United
Kingdom, and payable within the United Kingdom, the same
Duty as on an Inland Bill of the same Amount and Tenor,
FOREIGN BILL OF EXCHANGE drawn out of the United
Kingdom, and payable out of the United Kingdom, but in-
dorsed or negotiated within the. United Kingdom, the same
Duty as on a Foreign Bill drawn within the United l^ngdom,
and payable out of the United Kingdom.
PROMISSORY NOTE for the Payment in any
other Manner than to the Bearer on Demand
of any Sum of Money,

£ :

d.

.£25

0 0

1

50

0 0

2

75

0 0

8

100

0 0

4

200

0 0

8

800

0 1

0

400

.0 1

4

500

0 1

8

750

0 2

6

1,000

0 3

4

1,500

0 5

0

2,000

0 6

8

3,000

0 10

0

4,000

0 13

4

-

0 15

0

Not exceeding
Exceeding
exceeding

£5

10
25
50
75

£5

- and not

- 10

„ 25

„ 50

„ 75

100

PROMISSORY NOTE for the Payment, either to the
Bearer on Demand or in any other Manner than
to the Bearer on Demand, of any Sum of Money,

Exceeding
exceeding

4flOO - and not

- 200

200 „ 300

300 ,,400

400 „ 500

500 „ 750

750 „ 1,000

1,000 „ 1,500

1,500 „ 2,000

2,000 „ 3,000

3,000 „ 4,000

4,000 and upwards -

Doty.

£
0

0
0
0
0
0

3
4
6
7

10

15

0

10

0

5

0
0
0
0
6
0
0
0
0
0

a

LEASE

A.D.1854.

17^ & 18<^ VICTORIA.

C.83.

dl3

LEASE OR TACK of any Lands, Tenements, Hereditaments,
or Heritable Subjects, for any Term of Years exceeding
Tbirtj-fiye, at a yearly Rent, with or without any Sum of
Money by way of Fine, Premiam, or Grassum paid for the
same;, the foUowing Duties in respect to such yearly Bent,

DUTIES.

IftheTenn

KtheTem

•hall not exceed

shall exceed

100 Yean.

100 Years.

£ s.

d.

£ s. d.

Where the yearly Bent

shall not exceed £5 -

0 3

0

0 6 0

And where the same shall

exceed £5 and not ex-

ceed j^lO

0 6

0

0 12 0

„ „ 10 „ 15

0 9

0

0 18 0

„ „ 15 „ 20

0 12

0

1 4 0

„ „ 20 „ 25

0 15

0

1 10 0

„ „ 25 „ 50

1 10

0

3 0 0

„ „ 50 „ 75

2 '5

0

4 10 0

„ „ 75 „ 100

3 0

0

6 0 0

And where the same shall
exceed jI^OO then for
every £50, and also for
any fractional Part of
^50

1 10 0

3 0 0

And where any such Lease or Tack as aforesaid shall
be granted in consideration of a Fine, Premium, or
Grassum, and also of a yearly Bent, such Lease or
Tack shall be chargeable also, in respect of such
Fine, Premium, or Grassum, with the ad valorem
Stamp Duties granted under the Head or Title of
" Conveyance " in the Schedule annexed to the Act
passed in the Thirteenth and Fourteenth Years of
Her Majesty's Beign, Chapter Ninety-seven.

Exemption.
Any Lease made in pursuance of the Trinity College,
Dublin, Leasing and Perpetuity Act, 1851.

CONVEYANCE of any Kind or Description"
whatsoever in England or Lreland, and
Charter, Disposition, or Contract contain-
ing the first original Constitution of Feu
an^ Ground Annual Bights in Scotland
(not being a Lease or Tack for Tears), in
consideration of an annual Sum payable
in perpetuity or for any indefinite Period,
whether Fee Farm or other Bent, Feu
Duty, Ground Annual, or otherwise

EXEKPTIOHS.

Any Lease or Tack for a Life or Lives not exceeding
Three, or for a Tchq of Years determinable wiw

a Life

The same Duties as
on a Lease or Tack
for a Tenn exceed-
'ing 100 Years at a
yearly Bent equal to
such imntifli Sum.

314 C.83,84. 17*^ & 18* VICTORIJE. . A.D.1854,

a Life or Lives not exceeding Three» hj whom-
soever granted.

Any Grant in Fee Simple or in Perpetuity, made in
Ireland, in pursuance of the Renewable Leasehold
Conversion Act| or in pursuance of the Trinitj
College (Dublin) Leasing and Perpetuiij Act, 1851.

All which said Leases or Tacks and Grants respec-
tively shall be chargeable with the Stamp Duties
to which the same were subject and liable before
the passing of the Act 16 & 17 Vict. c. 63.

Duplicate or Countebpabt and FBOGRESsrvE Dorr.

EVERY SUCH LEASE or Tack, and every such Conveyance.
Charter, Disposition, or Contract as aforesaid hereby charged
with Duty, and the Duplicate or CounterparC thereof respec-
tively, shall be chargeable with the respective Stamp Duties
granted and made payable under the several Heads or Titles
of " Duplicate or Counterpart,** and " Progressive Duty," in
the Schedule annexed to the Act of the Thirteenth and
Fourteenth Years of Her Migesty's Reign, Chapter Ninety-
seven.

LICENCE TO DEMISE Copyhold Lands, Tenements, or Here-
ditaments, or the Memorandum thereof if granted out of
Court, and the Copy of Court Roll of any such Licence if
granted in Court :

Where the clear yearly Value \ j^^ ^^^^ j^^ as on a
of the Estate to be demised I Lease at a yearly Bent equal
shall be expressed in such >to such yearly value, under
Licence and shall not ex- I the Act of the 13 & 14 Vict
ceed-£75 - - J c 97.

£ s, d.
And in all other Cases - -0100

CAP. LXXXIV-

An Act to extend the Provisions of the Acts for the Aug-
mentation of Benefices. [10th August 1854.]

'^HEREAS an Act was passed in the Twenth-ninth Year
the Reign of His late Majesty King Charles the
29 C. 9. c. 8. * Second, intituled An Act for confirming and perpetuating Aug-

* mentations made by Ecelesiastieal Persons to small Vicarages
' and Curacies^ the Provisions of which were extended by an
' Act passed in the Session of Parliament held in the First and

* Second Years of the Reign of His late Majesty King William

* the Fourth, Chapter Forty-five : And whereas the lowers of

* the said last-mentioned Act were enlarged by the Fourteenth

* Section of an Act passed in the Session of Parliament held in
' the First and Second Years of the Reign of Her present Majesty,
' Chapter One hundred and seven : And whereas it is expedient
' that the Provisions and Powers of the said Acts should be
' amended and enlarged :' Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons^ in this present

Parliament

:w^

A.D.1854, 17* & 18* VICTOBLaE. C.84. 316

Parliameiit asaembled, and by the Authmty of the Bame, as
follows :

L The Powers which by the Twenty-first Section of the said Powers given
Act of the First and Second of WiUiam the Fourth, and the by Sect 21. of
Fourteenth Section of the said Act of the First and Second of \^^^^^*
Victoria are given to Rectors or Vicars of making Annexations g^^' ^4 ^f
or Grants in aid of Cimrches and Chapels may be exercised by 1 & s Vict.
the Incumbent of any Benefice whatsoever within the Meaning c 107. may be
of the said Act of the First and Second of WiUiam the Fourth, exercised by
and may be so exercised although Part only of the District Chapelry J^cttn^bents,
or Place to which the Church or Chapel belongs may be within the
Limits of such Benefice, and whether such Church or Chapel may
be within the Limits of such Benefice or not.

IL Where the Licumbent of any Benefice shall, in right of the Incumbent en-
same, be entitled to any Glebe Land or other Land, it shall be ^^ to Glebe
lawful for the Incumbent for the Time being of such Benefice, with ^fj ^^^
such Conseats as herein-after mentioned, by a Deed duly executed to Church of
by him, to annex such Glebe Land or other Land as aforesaid, or District wbere-
any Part thereof, with the Appurtenances, to any Church or inntoate.
Cluipel within the Parish, District, or Place in which such Glebe
Land or other Land as aforesaid shall be situate, to the Intent
that the same may be held and enjoyed by the Incumbent for the
Time being of such Church or Chapel ; and every such Deed shall
be effectual to all Intents and Purposes whatsoever, any Law or
Statute to the contrary notwithstanding.

III. Every Annexation and Grant which shall be made by the ConsenUof
Incumbent of any Benefice in pursuance of any Power herein- ^J^^^^^^'^J ^
before contained shall be made with the Consent of the Arch- j^jjjj to An-
bishop or Bishop of the Diocese within which such Benefice shall nezation and
be situate, and also with the Consent of the Patron or Patrons Grant

of such Benefice, such Consent to be signified by the said Arch-
bishop or Bishop and the said Patron or Patrons respectively
executing the Instrument by which the Annexation or Grant
shall be made.

IV . In every Case in which any Land subject to any Lease shall Section 13. of
be annexed to any Church or Chapel, in pursuance of the Power 1 & 2 W. 4.
herein-before in that Behalf contained, the Provisions of tlie ^i^^ti*"
Thirteenth Section of the said Act of the First and Second Years ^itot^ AdL
of King fViiUam the Fourth, Chapter Forty-five, shall apply to

such Land in the same Manner as if such Provisions were herein
expressly set forth ; and in every Case in which any Rectory
Impropriate, Tithes or Portion of Tithes, Lands, Tenements, or
other Hereditaments, have been or shall be annexed to any
Church or Chapel, in pursuance of any Power contained in the
said Act of the First and Second Years of King fFiUiam the
Fourth, Chapter Forty-five, or in this Act, and the Premises so
annexed shall be comprised together with other Hereditaments in
any Lease, the Incumbent for the Time being of the said Church
or Chapel shall as to the IVemises so annexed, and the Person,
Corporation, or Body Politic by whom such Annexation shall have
been made, and his or their Successors and Assigns, shall as to
the said other Hereditaments, have the same Rights and Remedies
for enforcing Payment of the Proportion of Rent payable to them
respectively, and otherwise have the same Rights and Remedies

under

316

a84.

17" & 18^ VlCTORIiE.

A.D.1854.

Rectories Im-
propriate,
Tithes, &C.,
may 1)e re-
leased from
Bentcharges,
-with the Con-
sent of Arch-
bishop, &c

Who shall be
deemed the
Patron to con-
sent

Act to be con-
strued as
thoogh con-

under and by virtue of the Covenants, Provisoes, and Agreements
contained in the said Lease as if the said Premises so annexed or
the said other Hereditaments, as the Case maj be, were the only
Hereditaments comprised in the said Lease.

V. Where any Rent or annual Sum of Money granted, reserved,
or made payable, or to be granted, reserved, or made payable,
under any of the Powers of the said herein-before mentioned Acts
or of this Act^ to the Incumbent of any Church or Chapel, is or
shall be granted, reserved, or made payable out of or charged
upon any Rectory Impropriate, Tithes, annual Revenues, Lands,
Tenements, or other Hereditaments, it shall be lawful for Uie
Incumbent for the Time being of the said Church or Chapel, by
a Deed duly executed by him, to release any such Rectory Impro-
priate, or any of the said Tithes or annual Revenues, Lands, Tene-
ments, or other Hereditaments respectively, or any Part thereof
respectively, from the said Rent or annual Sum, and the Premises
so released shall be thenceforth wholly discharged from the said
Rent or annual Sum, and from all Remedies for recovering and
compelling Payment thereof, but without in anywise discharging
therefrom respectively any Rectory Impropriate, Tithes, and Re-
venues. Lands, Tenements, or Hereditaments, theretofore charged
with the said Rent or annual Sum, and not by the said Deed
expressed to be released, or the Person or Persons, Corporation
or Body Politic, for the Time being liable for the Payment of the
said Rent or annual Sum : Provided always, that every such
Release shall be made with the Consent of the Archbishop or
Bishop of the Diocese within which the said Church or Chiapel
shall be situate, and also with the Consent of the Patron or
Patrons of the said Church or Chapel, such Consents to be sig-
nified by the Archbishop or Bishop and the said Patron or
Patrons respectively executing the Instrument by which the
Release shall be made : Provided also, that no Consent of any
Archbishop or Bishop shall be given to any such Release as
aforesaid unless some Rectory Impropriate, Tithes, or other Reve-
nues, Lands, Tenements, or other Hereditaments, theretofore
charged with the said Rent or annual Sum, shall remain unre-
leased, and be proved to the Satisfaction of the said Archbishop
or Bishop to be a competent Security for the same, and be ex-
pressed to be so proved in the Instrument by which such Consent
shall be signified.

VL In every Case in which the Consent of the Patron or
Patrons of the Benefice or of any Church or Chapel is required by
any of the herein-before mentioned Acts or by this Act to the
£xercise of any of the said Powers given by the herein-before
mentioned Acts or any of them, or by this Act, and the Person
or Persons or Body to consent as such Patron or Patrons is not
by the said Act of the First and Second Years of King WilHmm
the Fourth, Chapter Forty-five, defined, the Person or Persons
or Body who, if the said Benefice or Church or Chapel were then
vacant, would be entitled to present or nominate or to collate
thereto, shall be deemed the Patron or Patrons whose Consent is
so required.

VII. The Provisions of this Act shall be read as Part of the
said Act of the First and Second of WUUam the Fourth, and be

construed

A-Da854. 17* & 18** VICTORIA. C.84, 85. 817

construed in the same Manner as if they had been contained in tained in

that Act, and as if the Provisions of that Act were here repeated, i & 2 W. 4,

with such Alterations as to adapt the same to the Cases provided ^ ^^'
for hj this Act

Vm. * Whereas by the Seventy-fourth Section of the Statute As to Appor*

* of the Third and Fourth Years of the Reign of Her Majesty, tionment^

* Chapter One hundred and thirteen, it was provided that ^Vo'^n^^c'es

* Arrangements might be made in the Manner therein mentioned i^^j^g ^ the
^ for the Apportionment of the Income of Two Benefices be- game Patron.

* longing to the same Patron between the Incumbents or Ministers

* of such Benefices, or the Churches or Chapels connected there-

* with :' Be it enacted, That the Provisions of the last-mentioned
Act in that Behalf shall apply to any Lands, Tithes, Tithe Rent-
charges, or other Hereditaments or Sources of Income, of what
Nature or Kind soever, belonging to such Benefices, and shall
apply to any Number of Benefices belonging to the same Patron,
including any united Benefice, and that every Church or Chapel
possessed of any Endowment, or capable of receiving the same,
and also any Sinecure Rectory, so far as regards the Transfer of
its Endowments or any Portion thereof to any Benefice, shall
be deemed a Benefice for the Purpose of such Arrangements or
any of them*

CAP. LXXXV.

An Act for better securing the collecting and accounting
for the Land Tax, Assessed Taxes^ and Income Tax by
the Collectors thereof. [10th August 1854.]

* TII/'HEREAS, under and by virtue of the several Acts relating
' ▼ ^ to the Land Tax, the Assessed Taxes, and the Duties on

* Profits arising from Property, Professions, Trades, and Offices,

* the respective Commissioners acting in the Execution of the
' said Acts respectively are authorized and empowered to require

' the Persons to be appointed Collectors of the said Taxes and ,

* Duties respectively to give good and sufficient Security for the

* duly paying such Monies assessed under the said Acts respec-

* tively as shall come to their Hands, and for the due Perform-

* ance in other respects of their Duty as such Collectors, in the

* Manner in the said Acts respectively mentioned : And whereas^
' owing to the Omission of the said Commissioners to require
' such good and sufficient Security to be given by the Persons
' appointed by them to be such Collectors, or owing to the Inability

* of such Persons to give the requisite Security, the Inhabitants

* of many Parishes and Places have frequently suffered by being

* subjected to Re-assessment for Monies collected and misappro-

* priated by such Collectors ; and it is expedient to amend the

* Laws in that Behalf, and to make better Provision for securing
' the duly collecting, accounting for, and paying over of the said

* Taxes and Duties by the respective Collectors thereof :' Be it
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same, as follows :

I, It

31S

C.85.

l7*»&18»VICTORIiE,

A-D.1854,

Commisnonen
of Inland Be-
venne may re-
quire Security
to bo given hj
CoUectorsof
Taxes.

In de&nlt of
Securitrbein^
given, CommiB.
doners of In-
land Berenos
may appoint
Collectors.

I. It shall be lawful for the Commissioners of Inland Revenue,
in any Case, and whenever they shall think fit, to give Notice to
the respective Commissioners acting in the Execution of the said
Acts relating to the said Taxes and Duties respectively, or any
of them, in or for any District or Division, that the said Com-
missioners of Inland Revenue require that the Persons appointed
or to be appointed Collectors of the said Taxes or Duties, or any
of them, in or for any Parish or Place, or all or any of the several
Parishes or Places specified in such Notice, and within such Dis-
trict or Division, shall give Security to Uie Satisfaction of the
said last-mentioned Commissioners for the due collecting, account-
ing for, and paying over of the Monies collected or to be collected
by such Persons respectively, and for the due Performance of
their Duties as such Collectors as aforesaid ; and it shall also be
lawful for the said Commissioners of Inland Revenue, in any Case
in which they shall think fit, to cause the like Notice to be given
to any Person or Persons who may have been appointed such Col-
lector or Collectors as aforesaid ; and after such Notice to the
said Commissioners acting as aforesaid it shall not be lawful for
them to appoint any Persoif to be such Collector in or for any
such Parish or Place as aforesaid unless he shall previously give
such Security: and in case any Person who may have been
appointed such Collector, and to whom such Notice as aforesaid
shall be given, shall neglect or omit to give such Security within
the Time thereby limited for that Purpose, his Appointment and
Authority as such Collector shall cease and determine from the
Time of such Neglect or Default

n. If, after any such Notice as aforesaid given by the Com-
missioners of Inland Revenue, there shall be any Neglect or Delay
in the Appointment of Collectors who shall previously have given
such Security as by this Act is required, or any Neglect or Omis-
sion on the Part of any Person or Persons who may have been
appointed such Collector or Collectors to give such Security, it
shall be lawful for the Commissioners of Inland Revenue, by War-
rant signed by any Two or more of them, and in such Form as
they shall thmk proper, to appoint such Person or Persons as
ihey shall think fit to be Collector or Collectors of all or any of
the said Taxes and Duties in or for any Parish or Place, or in or
for several Parishes or Places, in or with respect to which any
such Neglect, Delay, or Omission as aforesaid shall have occurred ;
and such Person or Persons so appointed by the said Coinmis-
sioners of Inland Revenue to be such Collector or Collectors as
aforesaid shall have, use, and exercise and they are herdby
invested with all such Powers and Authorities for the- collecting,
levying, and enforcing the Payment of the said Taxes and Duties
respectively assessed or charged in the Assessment thereof for
any such Parish or Place as by the Laws in force any Collector
or Collectors duly appointed by the Commissioners acting in the
Execution of the Acts relating to the said Taxes and Duties
respectively could or might use or exercise or are invested with ;
and any Warrant of the Commissioners j>f Inland Revenue di«
rected to any Person or Persons appointed by them to be such
Collector or Collectors as aforesaid shall have the like Force and
Effect, and confer the like Power and Authority, as any Warrant

of

A.D.1854. 17* & 18" VICTOEIJE. C.85. 319

of the said Commissioners acting as aforesaid directed to any Per*
son (w Persons dolj appointed bj them to be Collector or Collectors
of the said Taxes and Duties or anj of them.

III. The Secnriftj by this Act required to be given in pursaance Security to he
of any snch Notice as aforesaid shidl be by Bond to Her Migesty, by Bond to Her
Her Heirs and Successors, to be entered into by such Collectors M^'^t ^^^^
respectively, with Two or more sufficient Sureties, to be approved p^^yCom-'
by the Commissioners of Inland Revenue, or with any Guarantee missioners of
Society so approved, and in such Sum or Sums as the said last- Inland Re-
mentioned Commissioners shall think proper in that Behalf ; and venue.
the Condition of every such Bond shall be, that the said Collectors
shall duly demand the said Taxes and Duties respectively of the
several Persons on whom the same are assessed or charged, or
from who(n the same are payable, and in case of Nonpayment
thereof tluit such Collectors shall duly enforce the Powers of the
several Acts in that Behalf against those who make default, and
that such Collectors shall duly account for and pay over all such
Monies as shall come to their Hands as or for any such Taxes or
Daties as aforesaid to the Receiver General of Inland Revenue, or
other proper Officer appointed for the Receipt of such Taxes and
Duties; and the said Condition shall also contain such further
and other Terms and Provisions as the Commissioners of Inland
Revenue may deem to be fit and proper for securing the duly
eoUeeting, accounting fof, and paying over by the said Collectors
of all snch Taxes and Duties, and the true and faithful Execution
of their Office of Collectors, without Fraud or Delay ; and every
such Bond and the Condition thereof shall be in such Form as
the Commissioners of Inland Revenue shall provide or cause to be
prepared for the Purposes aforesaid.

lY. Upon the Appointment by the Commissioners of Inland Dnplicates of
Revenue of any Person or Persons to be the Collector or Collectors Assessment* to
of the said Taxes and Duties or any of them in or for any Parish he delivered to
or Place, the Commissioners acting in the Execution of the Acts ^n^^Jl*^
relating to such Taxes and Duties respectively shall cause Dupli- ^mmissioners
cates, signed by them, of the Assessments of the said Taxes and of Inland Re-
Duties respectively in or for such Parish or Place, to be delivered venue.
to snch Collector or Collectors ; and any Person who shall have in
his Custody or Possession any such Duplicate, and shall refuse to
deliver over the same to any such Collector, on Demand made by
him for the same, shall forfeit the Sum of One hundred Pounds.

V. No Parish or Place shall be answerable for the Acts, Irishes not to
Neglects, or Defaults of any Collector of the said Taxes or Duties, he ans^rable
or any of them, who shall be appointed by the Commissioners of ^Tc^UwtonT*^
Inland Revenue, or who shall give Security to the Satisfaction of appointed hy
the said Commissioners, in pursaance of this Act, nor shall any Commissioners.
Parish or Place be liable to be re-assessed for any Arrear or
Deficiency of the said Taxes or Duties arising from any Default
or Failore of such Collector.

VL It shall be lawful for the Commissioners of Inland Revenue Commissioners
to provide Books of printed Forms of Receipts, with Counterfoils, ^7 Smb?^*
applicable to tiie Receipt of tiie said Taxes and Duties respec- JfR^ipS^d
tively, by the several Collectors thereof, and also to make such Coonterfoils to
Orders and Regulations for the filling up and using of such be nsedbj Col-
Receipts and Counterfoils by the said Collectors, and for the lectors.

Inspection

32Q

C*SSf 86*

17° & 18 « VICTORIA.

A.D.1864.

Collectors to
give Receipts
on the proper
printed Forms,
and to fill up
Counterfoils.

Penalty for
Refusal or
Neglect

On Application
ftom Toluntary
Institution to
Secretary of
State, Inspector
to report

Inspection of such Books of Forms and Counterfoils by the In-
spectors or Surveyors of Taxes or other Officers, as the said
Commissioners may deem to be necessary or proper for checking
the Collection or Receipt of the said Taxes and Duties respectively
bj the several Collectors thereof ; and it shall be incumbent upon
and deemed to be the Duty of the said Collectors respectively
to conform to and complj with such Orders and Regulations
accordinglj.

YII. Everj Collector of any of the said Taxes or Duties who
shall have been supplied with any such Book of printed Forms of
Receipts and Counterfoils as aforesaid, upon receiving any Sum of
Money for any of such Taxes or Duties to which the said Forms
are applicable shall give a Receipt for the same upon One of
such printed Formsi properly filled up and signed by, him, and
shall also properly fill up the Counterfoil of such Receipt^ and
keep the same remaining in the said Book; and if any such
Collector shall refuse, neglect, or omit to give such Receipt. as
aforesaid, or to fill up and keep such Counterfoil in the Manner
herein directed, or if any such Collector who shall have been
supplied with any such Book of printed Forms as aforesaid shall
give any Receipt for any of such Taxes or Duties otherwise than
upon such proper printed Form as aforesaid, he shall forfeit for
every such Ofience the Sum of Ten Founds, to be recovered in
like Manner as any other Penalty may be recovered under the
Acts relating to the said Taxes or Dudes for which such Receipt
shall have been given.

CAR LXXXVL

An Act for the better Care and Reformation of Youthful
Offenders in Great Britain. [10th August 1854.]

< Tl^HEREAS Reformatory Schools for the better training of
' ^^ Juvenile Offenders have been and may be established by

* voluntary Contributions in various Parts of Great Briiainy and

* it is expedient that more extensive Use should be made of such

* Institutions:' Be it enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords Spiri-
tual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, as follows :

I. It shall and may be lawful for Her Majesty's Secretary of
State for the Home Department-, upon Application made to him
by the Directors or Managers of any such Institution, to direct
One of Her Majesty's Inspectors of Prisons to examine and report
to him upon its Condition and Regulations, and any such Institu-
tion as shall appear to the Satisfaction of the said Secretary of
State, and shall be certified under his Hand and Seal^ to be useful
and efficient for its Purpose, shall be held to be a Reformatory
School under the Provisions of this Act : Provided always, that it
shall be lawful for any of Her Majesty's Inspectors of Prisons to
visit from Time to Time any Reformatory School which shall
have been so certified as aforesaid ; and if upon the Report of any
such Inspector the said Secretary of State shall think proper to
withdraw his said Certificate, and shall notify such Withdrawal
under his Hand to the Directors or Managers of the said Institu-

tion.

A.D.18M. 17« & 18^ VICTORUE. C.86, 321

tion, the same flhall forthwith cease to be a Reformatory School
within the Meaning of this Act.

IL Wheneyer after the passing of this Act any Person under JuTcnile Offen-
the Age of Sixteen Years shall be convicted of any Offence ^^^***^
panislukble by Law, either upon an Indictment or on Summary ^

Conviction before a Police Magistrate of the Metropolis or other
Stipendiary Magistrate, or before Two or more Justices of the
Peace;, or before a Sheriff or Magistrate in Scotland, then and in
every such Case it shall be lawful for any Court, Judge, Police
Magistrate of the Metropolis, Stipendiary Magistrate, or any Two
or more Justices of the Peace, or in Scotland for any Sheriff or
Magistrate of a Burgh or Police Magistrate, before or by whom
snch Offender shall be so convicted, in addition to the l^ntence
then and there passed as a Punishment for his Offence, to direct
such Offender to be sent, at the Expiration of his Sentence, to
some One of the aforesaid Reformatory Schools to be named in
such Direction, the Directors or Managers of which shall be willing
to receive him, and to be there detained for a Period not less than
Two Years and not exceeding Five Years, and such Offender shall
be liable to be detained pursuant to such Direction : Provided
always, that no Offender shall be directed to be so sent and
detained as aforesaid unless the Sentence passed as a Punishment
for hia Offence, at the Expiration of which he is directed to be so
sent and detained, shall be one of Imprisonment for Fourteen Days
at the least ; provided also» that the Secretary of State for the
Home Department may at any Time order any such Offender to
be discharged from any such School.

HL It shall be lawful for the Commissioners of Her Majesty's Power to
Treasury, upon the Representation of One of Her Majesty's Prin- Treasaiy to
dpal Secretaries of State, to defray, out of any Funds which shall ^^^*e at
be provided by Parliament for that Purpose, either the whole UefornuSory *
Cost of the Care and Maintenance of any Juvenile Offender so School
detained in any Reformatory School as aforesaid, at such Rate per
Head aa shall be determined by them, or such Portion of such Cost
as shall not have been recovered from the Parents or Step-parents
of snch Child, as herein-after provided, or such other Portion as
shall be recommended by the said Secretary of State.

IV. ' And whereas it is expedient that some Provision should Absconding, or

* be made for the Punishment of any Juvenile Offender, so refractory

* directed to be detained as aforesaid in any such Reformatory S^°**J!f

* School, who shall abscond therefrom, or wilfully neglect or refuse ^^^\ how to
' to abide by and conform to the Rules thereof :' Be it enacted, \^ punished.
That it shall and may be lawful to and for any Justice of the

Peace, or in Scotland^ for any Sheriff or Magistrate^ of a Burgh,
or Potice Magistrate, acting in and for the County, City, Borough,
Riding, or Division wherein the said Offender shall actually be at
the Time he shall so abscond, or neglect or refuse as aforesaid,
upon the Proof thereof made before him upon the Oath of One
credible Witness, by Warrant under his Hand and Seal, or in
Scotland under his Hand, to commit the Party so offending for
every such Offence to any Gaol or House of Correction for the
said County, City, Borough, Riding, or Division, with or without
Hard Labour, for any Period not exceeding Three Calendar
Months.
17 & 18 Vict. Y V. Tlie

323

C.86-

17*^ & 18*> VICTORLZE.

A.D.1854.

Cost of Main-
tenance to be
partly

recovered from
Parents, 8ic

For oompeUing
Parent or Step-
parent to sup-
port Javenile
Offenders while
remaining in
Beformatory
School

59 O. 3. c 12.
4&5W.4.C76.

8&9yictc.8S.

AstoBemoval
of Jayenile
Offenders.

Act not to
apply to
Ireiimd.

V. The Court by which any Juvenile Offender is ordered to be
detained as aforesaid under this Act shall charge the Parent or
Step-parent of such Offender, if of sufficient Ability to bear the
same, with a Sum not exceeding Five Shillings per Week towards
the Maintenance and Support of such Juvenile Offender while
remaining in such Reformatory School, such Payment to be in
relief of the Charges on Her Majesty's Treasury in all Cases
where the Treasury shall have defrayed or undertaken to defray
the whole or any Portion of the Maintenance of such Offender,
and in all other Cases such Payment to be made to the Directors
or Managers of such Reformatory School.

YL For the better compelling the Parent or Step-parent, as the
Case may be, to support and maintain wholly or partly every such
Juvenile Offender while in such Reformatory School, the Provi-
sions contained in the Act passed in the Forty-third Year of the
Reign of Queen Elizabeth^ intituled An Act for the Relief of the
Poor, for compelling the Parent of every poor Person, being of
sufficient Ability, at their own Charges to relieve and maintain
such poor Person, and also the Provisions in the like Behalf con-
tained in an Act passed in the Fifty-ninth Year of the Reign of
King George the Third, intituled An Act to amend the Laws for
the Belief of the Poor^ and in an Act passed in the Fifth Year of
the Reign of King JVUliam the Fourth, intituled An Act for the
Amendment and better Administration of the Laws relating to the
Poor in England and Wales, shall be respectively held and deemed
and the same respectively are hereby directed to be applicable,
within England and fVales, to the compelling the Parent or Step-
parent respectively of every such Juvenile Offender to maintain
or support him, either wholly or partly, while remaining in snch
Reformatory School, and for the Recovery of the weekly Payment
so charged upon such Parent or Step-parent; and in Scotland
such Payment may be sued for and recovered at the Instance of
the Procurator Fiscal or of the Treasurer of such Reformatory
School in the Sheriffs Small Debt Court, and the Provisions of
an Act passed in the Eighth and Ninth Years of Her Majesty,
intituled An Act for the Amendment and better Administration
of the Laws relating to the Relief of the Poor in Scotland, for
the Punishment of Parents deserting their Children, or refusing
or neglecting to maintain them, shall be held and deemed and are
hereby directed to be applicable to the Case of Parents or Step-
parents refusing or neglecting to pay the Amount so charged upon
such Parent or Step-parent as aforesaid.

Vn. It shall and may be lawful for Her Majesty's Secretary of
State for the Home Department, if he shall think fit to do so, to
remove any such Youthful Offender from one Reformatory School to
another : Provided always, that such Removal shall not increase
the Period for which such Offender was sentenced to remain in a
Reformatory School.

Yin. This Act shall not apply to Irekutd.

CAP.

A.D.1854. 17^ & 18<^ VICTORIJB. C.87- 323

CAP. LXXXVIL

An Act to make further Provision for the Burial of the

Dead in England beyond the Limits of the Metropolis.

[10th August 1854.]

* Vl^HEREAS an Act was passed in the last Session of Par-

* ^^ liament, Chapter One hundred and thirtjfour, intituled

* An Act to amend the Laws concerning the Burial of the Dead 16 & 17 Vict

* in England beyond the Limits of the Metropolis^ and to amend the c 134.

* Act concerning the Burial of the Dead in the Metropolis: And
' whereas under the said Act Provision is made for providing

* Burifd Grounds for Parishes hj Burial Boards to be appointed

* by Vestries : And whereas in some Cases of Parishes wholly or

* partly within Boroughs there is Difficulty or Inconvenience in
' providing requisite Places of Burial for the Inhabitants under
' the Powers of the said Act, and it is expedient that in such

* Cases such Places of Burial should be provided by the Councils

* of such Boroughs :' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Conmions, in this present
Parliament assembled, and by the Authority of the same, as
foflows :

L In case it appear to Her Majesty in Council, upon the Petition Her Migesty
of the Town Council of any Borough, stating that an Order in p»y» hy Order
Council has been made for closing all or any of the Burial Grounds P Coumsil,
of One or more Parishes being wholly or partly within such CoSciU^with
Borough, that there is Difficulty or Inconvenience in providing, the Power of
nnder the Powers of the said Act of the last Session of Parlia- proTidlng
ment, requisite Places of Burial for the Inhabitants of such Parish Burial Grounds.
or Parishes, it shall be lawful for Her Majesty, with the Advice
of Her Privy Council, to order that Powers shall be vested in the
Council of such Borough for providing such Places of Burial under
the Provisions of this Act : Provided always, that Notice of such
Petition and of the Time when it shall please Her Majesty to
order that the same be taken into consideration by the Privy
Council shall be published in the London Gazette^ and in One of
the Newspapers usually circulating in such Borough, One Month
at least before such Petition is so considered.

IL Upon the making of any such Order of Her Majesty in Upon the
Council as aforesaid in relation to any Borough, if the Town ^jj^"'^!^^?
Council of the same shall decide upon providing One or more CouncUto^la^
Burial Grounds, the said Town Council shall be a Burial Board jji the Powers
for that Purpose, and the Provisions of the said Act of the last Tested in Burial
Session, and the Provisions of the Act of the Fifteenth and Six- Boards under
teenth Years of Her Majesty, Chapter Eighty-five, in the said Act *® * ^^ ^^^*-
of the last Session mentioned or referred to, and thereby extended ^
and made applicable as therein mentioned, except the Provisions
relating to the (Constitution, Incorporation, Meetings, Entries
of Proceedings, and Accounts of Burial Boards, shall, subject to
the Provisions herein contained, extend and be applicable to such
Borough and the Council thereof, and to any Burial Ground and
any Pkees for the Reception of the Bodies of the Dead previously
to Interment which may be provided by such Council under this

Y 2 Act,

324

C,87.

J7** & 18** VICTORIJB.

A.Da854.

Expenses to be
paid out of
Borough Fund
or Borough
Bates.

Money may be
borrowed at
lower Bates of
Interest to pay
off Securities
bearing a
higher Bate.

Power to
borrow Money
to pay off
former Mort-
gage*.

Council how to
act under this

Act, in like Manner as the same are applicable to any Parish and
the Burial Board thereof, and to any Barial Ground and any
such Places as aforesaid provided by such Burial Board, save
that no Approval, Sanction, or Authorization of the Vestry of
any Parish shall be requisite.

in. Provided always. That all Expenses of carrying this Act
into execution in any Borough shall, subject to the Provisions
herein-after contained, be chargeable upon and paid out of the
Borough Fund and Borough Rates of such Borough, or partly out
of such Fund and partly out of such Bates, in like Manner as
if the same were Expenses incurred in carrying into effect the
Provisions of an Act of the Session holden in the Fifth and Sixth
Years of King William the Fourth, Chapter Seventy-six ; and
any Money to be borrowed under the Authority of this Act by
the Council of such Borough, and the Interest thereon, shall be
charged by such Council on the Monies out of which such Ex-
penses are by this Act directed to be paid, and the said Provisions
hereby extended and made applicable to the said Council shall
be construed accordingly ; and any Surplus of Money raised for
defraying such Expenses as aforesaid, and of the Income of any
Burial Ground provided by the Council of any Borough, which if
the same were provided by a Burial Board for any Parish would
be applicable in aid of the Rate for the Relief of the Poor of such
Parish shall be applicable in aid of the Borough Fund or Borough
Rates of such Borough, or in case a separate Rate has been levied
in Parts only of such Borough, for the Purposes of this Act, as
herein-after provided, then such Surplus shall be applied rateably
towards Payment or Satisfaction of so much of any Borough Rate
as may be leviable in such Parts of such Borough : Provided
always, that such Surplus shall be ascertained upon the auditing
of the Accounts of the Treasurer of such Borough in the Month
of September in any Year.

rV. If any Burial Board under the said Act of the last Session
of Parliament, or the Council of any Borough acting under this
Act, can at any Time borrow at a lower Rate of Interest than that
secured by any Mortgage previously made by them, and then out-
standing and in force, they may, if they think fit, so borrow
accordingly in order to pay off" and discharge any Security or
Securities bearing a higher Rate of Interest, and to secure the
Repayment of the Money so borrowed, and the Interest to be paid
thereon, in like Manner as other Monies authorized to be bor-
rowed by such Burial Board or Council under the said Act of
the last Session or this Act.

V. If at the Time appointed by any Mortgage for Payment of
the Principal Money secured thereby any such Burial Board or
Council as aforesaid are unable to pay off the same, they may, if
they think fit, borrow such Sum of Money as may be necessary for
the Purpose of paying off all or any Part of such Principal Money,
and secure the Repayment of the Money so borrowed, and the
Interest to be paid thereon, in like Manner as other Monies au-
thorized to be borrowed by such Burial Board or Council under
the said Act of the last Session or this Act.

VI. The Council of any Borough shall act in execution and
exercise of their Duties, Powers, apd Authorities under this Adt

in

A.D.1854. 1?° & 180 VICT0RIJ3. C.87. 325

in like Manner as in execution and exercise of their Duties, Act, and Con-
Powers, and Authorities under the said Act of the Fifth and Sixth ^^^*i2Si^
Tears of King William the Fourth ; and every Conveyance of how to be
Lands to be purchased for the Purposes of this Act shall be taken made,
in the Name of the Body Corporate of such Borough, and such
Body Corporate shall have Power to hold such Lands for the
Purposes of this Act ; and no Lands purchased under this Act by
the Council of any Borough shall be sold, except with the like
Approbation and subject to the like Restrictions as if sold under
the said Act of the Fifth and Sixth Years of King William the
Fourth ; and the Signature of any Member or Members of such
Council shall not be necessary to any Conveyance of any Lands
ao sold ; and a Receipt under the Hand of the Treasurer of such
Borough shall be a sufficient Discharge to the Purchaser of any
such Idinds for the Purchase Money in such Receipt expressed to
be received.

YLL The Burial Ground or Burial Grounds provided for any Burial Ground
. Borough under this Act shall be deemed to be provided for such ^ ^ f ^^^
Parish or Parishes wholly or in part situate in such Borough as the parishes in the
Town Council shall determine. Borough.

VIIJL It shall be lawful for the Council of any Borough, if they Council may
see fit, in fixing and settling, revising and altering, the Fees, Pay- fix a high^^r
ments, and Sums mentioned in Section Thirty-four of the said Act Rate of Pay-
of the Fifteenth and Sixteenth Tears of Her Majesty, from Time SSl &c k^'"
to Time to fix all or any of such Fees, Payments, and Sums in r^ectdf ™
respect of Interments of the Remains of Persons, being Inha- outlying Part of
bitants of that Part of any Parish partly within and partly without any Parish
the Limits of such* Borough which is without such Limits, and in l?^"**"*** ™
respect of other Rights to be exercised with reference to the Inter- "^® Borough.
ment of the Remains of such Persons, at a higher Amount than the
ordinary Charge for the Time being fixed by such Council in
respect of the like Matters ; provided always, that such higher
Amount shall be fixed with the Approval of One of Her Majesty's
Principal Secretaries of State.

IX. Where, previously to the making of any Order in Council Order in
under this Act in relation to any Borough, it appears to Her Council may
Majesty in Council, upon the Petition of the Town CouncQ so made ^^ i^^^
as aforesaid, or otherwise, that any Parish wholly or in part B^riij^ ^"^^
within such Borough is provided with a sufficient Burial Ground, Grounds; and in
it shall be lawful for Her Majesty in and by such Order to direct such Case, if a
that no Part of such Parish shaU be assessed towards defraying Rate ^ neces-
the Expenses of executing this Act in such Borough, and in such SJ^ to^^Mde
Case no Burial Ground provided for such Borough under this Act ^ ^^ ^^g^ ^f
shall be deemed to be provided for such Parish ; and any Money the Borough,
required to be raised in such Borough for defraying such Ex-
penses, or paying any Money borrowed under this Act by the
Council of such Borough, or any Interest thereon, by means of a
Rate to be levied in such Borough, shall be raised by a separate
Rate, to be levied within such Parts of such Borough as are not
exempted under such Order from being assessed as aforesaid ;
and (so far as may be consistent with this Provision) the Council
of such Borough shall have all such Powers for making and levying
such Rate, and all Provisions shall be applicable in respect thereof^

Y 3 as

S26 C.87, 88. 17** & 18° VICTORI-ffi. A.D.1854.

as in the Case of a Borough Rate made under the said Act of the
Fifth and Sixth Years of King William the Fourth.
Powers of X. The Powers of settling and fixing the Fees or Sums to be

Vestry, with payable to the Incumbent or Minister, and of revising and varying
Consent of ^^^ Yees payable to the Incumbent, Clerk, and Sexton, and other
fiidnff^ai^ Persons and Bodies, and of substituting for such Fees fixed an-

revismg the nual Sums, by Sections Thirty-three and Thirty-seven of the said
Fees payable to Act of the Fifteenth and Sixteenth Years of Her Majesty given
Incumbent, &c. to the Vestnr, and exercisable with the Approval or Consent of
i^'^^^h* the Bishop of the Diocese, as therein mentioned, shall, with respect
CoiuicSl"*^ to Fees and Sums arising in or from any Burial Ground provided
under this Act by the Council of any Borough, be transferred
to such Council) and be exercisable with the like Approval or
Consent.
Conncil may XI. It shall be lawful for the Council of any Borough to appro-

appropriate priato for the Purposes of this Act any Land belonging to the
^^h bL^'^^^'2 ^^^ Corporate of such Borough, or vested in any Feoffees, Trus-
to tbe roug ^^^^ ^^ others, for the general Benefit of the Borough, or for any
specific Charity ; provided always, that where any Land so appro-
priated shall be subject to any charitable Use, such Land shall be
taken on such Conditions only as the Court of Chancery, in the
Exercise of its Jurisdiction over Charitable Trusts, shall appoint
and direct.
Burial Groimd XII. So much of the said Act of the Fifteenth and Sixteenth
ioo*Y^rfr*f" ^®*" ^^ ^^^ Majesty as enacts, that " no Ground (not ah-eady
a DweU^^ " ^^^ ^ ^^ appropriated for a Cemetery) shall be appropriated
House, " as a Burial Ground or as an Addition to a Burial Ground under

^' that Act nearer than Two hundred Yards to any Dwelling
*' House, without the Consent in Writing of the Owner, Lessee,
" and Occupier of such Dwelling House," shall not extend or be
applicable to or in respect of any Burial Grounds which have
been or may be provided under the said Act of the last Session
and this Act, or either of them, or to or in respect of any Addi-
tion which has been or may be so provided to any Burial Ground ;
but no Ground not already used as or appropriated for a Cemetery
shall be appropriated under the said Act of the last Session and
this Act, or either of them, as a Burial Ground, or as an Addi-
tion to a Burial Ground, nearer than One hundred Yards to any
Dwelling House, without such Consent as aforesaid.

CAP. LXXXVIIL

An Act to render valid certain Marriages of British Subjects
in Mexico. [10th Auguit 1854.]

' "VI^HEREAS certain Marriages of British Subjects have been

* ^^ solemnized at Mexico hj Mr. Percy IV. Doyle, formerly

* Her Majesty's Charg^ d* Affaires and afterwards Her Majesty's

* Minister Plenipotentiary to the Republic of Mexico: And
' whereas Doubts may be entertained whether such Marriages

* are strictly legal : And whereas it is expedient to remove all
' Doubts touching the Validity of such Marriages :' Be it there-
fore enacted by the Queen's most Excellent Majesty, by and with

the

A.D.1854. 17« & 18'' VICTOKLffi, C.88, 89. 327

the Advice and CotiBent of the Lords Spiritnal and Temporal,
and CkHumoDBy in this present Parliament assembled, and by the
Authority of the same, as follows :

L All Marriages solemnized before the First Day of January Certain Mar-
One thousand eight hundred and fifty- four in any Place of the riagegofBritigh
Republic of Mexico by or in the Presence of the said Percy ^^^^*^^ •
IF. Doyle (both or One of the Parties thereto being Subjects or a ^^S^^
Subject of this Realm) shall be deemed and held to be as valid in y^iid.
the Law as if the same had been solemnized within Her Majesty's
Dominions with a due Observance of all Forms required by Law.

n. It shall be lawful for One of Her Majesty's Principal Secre- Certificates
taries of State to transmit to the Registrar General of Births, 'f^i^^^
Deaths, and Marriages in England aU such Certificates of the SsuSeito*be
Marriages solemnized as aforesaid as have been or shall be trans- gent to Regis-
mitted to the Office of such Secretary of State by Her Majesty's trar General,
Minister Plenipotentiary or Charg^ d'Afiaires in Mexico; and all and certified
Certificates wluch shall bo transmitted to such Registrar Greneral S^^ ^ ^
by such Secretary of State as Certificates of the Marriages con- ^^^^^
firmed by this Act shall be received by such Registrar General, e & 7 W. 4.
and shall be kept in the General Register Office in manner directed c. S6.
by the Act of the Session holden in the Sixth and Seventh Years
of King WUUam the Fourth, Chapter Eighty-six, <* for registering
** Births, Deaths, and Marriages in JSnglandj** concerning the cer-
tified Copies of Registers sent to the said Registrar General as
therein mentioned ; and a certified Copy of any such Certificate,
such Copy purporting to be sealed or stamped with the Seal of
the General Register Office, shall be received as Evidence of the
Marriage to which the same relates having been solemnized as
aforesaid, without further or other Proof.

m. AH Persons shall have the like Right to search such Cer- Right to aearch
tificates, and to have certified Copies thereof, and upon the like and have
Payment as provided under the said Act with respect to Searches ^^P^^'
in the Lidexes to be made and kept in the said Register Office
under that Act, and certified Copies of Entries in the certified
Copies of Registers therein mentioned ; and Section Forty-three
of such Act, concerning the destroying, injuring, or falsifying of
Register Books, or giving false Certificates of Entries, or certify-
ing any false Copy or Extract, shall be applicable with respect to
the Certificates to be received by the said Registrar General
under this Act, in like Manner as such Enactment applies with
respect to such Register Books.

CAP. LXXXIX.

An Act to amend the Laws for the better Prevention of
the Sale of Spirits by unlicensed Persons, and for the
Suppression of illicit Distillation, in Ireland.

[10th August 1854.]

* \J17HEREAS an Act was passed in the Session holden in
« ^^ the Second and Third Years of Her Majesty, intituled

* An Act for the better Prevention of the Sale of Spirits by 2tc^ Vict

* unlicensed Persons in Ireland, and certain of the Provisions «• 79.

* therein were temporary, and have been continued to the Twenty-

*^ "^ Y 4 ' fourth

828

C.89.

17'' & 18'» VICTORLE.

AJ).1854.

Act to oom-
mence 24th
Angui^t 1854,
and 2 & 3 Vict
o. 79. repealed.
Justices to
grant Warrant
for the Seizure
of Spirits found
in Places not
being licensed.

* fourth Day oi August One thousand eight hundred and fif^-
' four : And whereas it is expedient to make further Provision for

* the better Prevention of the Sale of Spirits by unlicensed Per-
' sons in Ireland:* Be it therefore enacted by the Queen's most
Excellent Mfgesty, by and with the Advice and Ck>nsent of the
Lords Spiritusd and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

I. This Act shall commence from the Twenty*fourth Day of
August OnQ thousand eight hundred and fifty-four ; and from that
Day so much of the said Act of the Second and Third Years of
Her Majesty as shall not have expired shall be repealed.

II. It shall and may be lawful for any One or more Justice or
Justices of the Peace, whether in or out of Petty Sessions, upon
being satisfied by the personal Examination on Oath of a credible
Witness that there is reasonable Ground for suspecting that
Spirits are sold, kept for Sale, or exposed for Sale in any House
or Place within the County, not licensed for the Sale thereof, or
by some Person not having a Licence to sell Spirits in or at such
House or Place, or that illicit Spirits are kept for Sale in or at
any House or Place, to grant a Warrant under his or their Hand
or Hands, authorizing within the Police District of Dublin Metro-
polis any Superintendent or Inspector of Police, or in any other
Part of Ireland any Sub-Inspector, Head or other Constable of
Constabulary, with his Assistants respectively, to enter such
House or Place at all Times, to search for Spirits, and if any
Spirits shall be found in such House or Place exceeding One
Gallon, without a Permit or other legal Authority justifying the
keeping thereof, or any Spirits in any Quantity whatsoever, the
full Duties whereon shall not have been duly paid, shall be found
in such House or Place, to seize such Spirits together with the
Vessel in which the same are contained ; and such Warrant shall
continue in force for One Month from the Date thereof, and shall
be a sufiicient Authority to the Superintendent, Inspector, Sub-
Inspector, Head or other Constable therein named, and his As-
sistants respectively, such Assistants being Members of the Con-
stabulary Force, in his Presence to enter into such House or
Place, and seize all such Spirits as aforesaid and the Vessel con-
taining the same, and to carry away and deliver the same to some
Revenue Officer ; and the Person on whose Premises such Spirits
shall be found as aforesaid shall on Conviction be liable —

For the First Ofience, to a Fine not exceeding Five Pounds
nor less than Two Pounds, or to be imprisoned, vrith or
without Hard Labour, for any Term not exceeding Three
Months nor less than One Month :

And for the Second and every subsequent Ofience, to a Fine
not exceeding Ten Pounds nor less than Five Pounds, or to
be imprisoned, with or without Hard Labour, for any Term
not exceeding Six Months nor less than Three Months :

And all such Spirits and the Vessels containing the same so
seized as aforesaid shall be forfeited.

Penalty on HL Every Person, not being duly licensed to sell Wine, Spirits,

Persons selling Beer, Ale, Cider, or Perry, who shaU sell, or keep for Sale, or

expose

A.D. 1854. 17 «> & 18» VICTORI-aS. C. 89. 329

expose for Sale, any Wine, Spirits, Beer, Ale, CSider, or Perry, Spirits, &c
shaU for every sach Offence be liable— without li-

For the First Offence, to a Fine not exceeding Two Pounds ®^^
nor less than Five Shillings, or to be imprisoned, with or
without Hard Labour, for any Term not exceeding One
Month nor less than One Week :
And for the Second and every subsequent Offence, to a Fine
not exceeding Five Pounds nor less than Twenty Shillings,
or to be imprisoned, with or without Hard Labour, for any
Term not exceeding Three Months nor less than One Month :
And for the Purpose of any such Conviction it shall be sufficient
to prove that Wine, Spirits, Beer, Ale, Cider, or Perry was kept
for Sale or exposed for Sale by such Person or on his Premises,
or had been illegally consumed on such Premises, at any Time
within Two Months preceding such alleged Offence ; and if any
Person be found drunk in such House, or having the Appearance
of having been recently drinking it shall be deemed Evidence of
his having been drinking in such House, and of the unlawful
Consumption of Wine, Spirits, Beer, Ale, Cider, or Perry, unless
the contrary be proved.

IV. If any Superintendent, Inspector, or Seijeant of the JiuticeBein-
DtMin Metropolitan Police, or any Sub-Inspector, Head or other powered to
Constable of Constabulary, or other credible Witness, shall make ««int Warrant
Oath in Writing before a Justice of the Peace that the said ^jicemwd^
Superintendent^ Inspector, Serjeant, Sub-Inspector, Head or other premises.
Constable, or credible Witness, has good Reason to believe that
Wine, Spirits, Beer, Ale, Cider, or Perry are retailed or sold
vrithout a Licence, or kept for Sale without Licence, in any Room,
House;, or other Place, it shall be lawful for such Justice to grant
a Warrant authorizing, within the Police District of Dublin
Metropolis, any Superintendent, Inspector, or Seijeant of Police,
and in any other Part of Ireland any Sub-Inspector, Head or other
CoiMlable of Constabulary, with his Assistants respectively, to
enter into any such Room, House, or other Places as aforesaid at
all Times, and such Warrant shall continue in force for One
Month from the Date thereof ; and if any Person shall be found Penalty on
to be drinking or tippling, or having the Appearance of having ^^J"^°" ^"^'^"^
been recently drinking or tippling, on such unlicensed Premises, ™"™-
such Person may be summoned before the Justices of the Peace
in Petty Sessions, or Divisional Justices of the Metropolitan Police
District of Dublin^ as the Case may be, or may be lawfully
apprehended and brought, so soon as conveniently may be, before
a Justice of the Peace, to be dealt with according to Law, and
upon Conviction of his having been so drinking or tippling on
such unlicensed Premises shall be liable —
For the First Offence, to a Fine not exceeding Five Shillings
nor less than Two Shillings and Sixpence, or to be impri-
soned, with or without Hard Labour, for any Time not
exceeding Twenty-four Hours nor less than Twelve ^ours
from the Time of his Conviction :
And for the Second and every subsequent Offence, to a Fine not
exceeding Ten Shillings nor less than Five Shillings, or to be
imprisoned as aforesaid for any Time not exceeding One
Week nor less than Three Days : *

' And

330

C.89.

17- & 18» VICTOEIiE.

A.D.1854.

Penalty on
Persons delay-
ing or reftisuig
Admittance to
Justice, &a

Conatabalary
to stop Spirits
in transitu, and
demand and
date Permits.

And in all Cases where snch Person shall be found drinking or
tippling, or having the Appearance of haying been recentlj
drinking or tippling, on such unlicensed Premisesy it shall be
lawful for anj such Superintendent, Injector, Serjeant, Sub-
Inspector, Head or other Constable, and his Assistants respec-
tivelj, to seize any Quantity of Wine, Spirits, Beer, Ale, Cider, or
Perry found on such Premises, together with the Vessel containing
the same, and all Vessels, Jugs, or Glasses used in the Sale or
Consumption thereoi^ and on Conviction of any such Person so
found as aforesaid such Spirits, Wine, Beer, Ale, Cider, or Perry,
Vessels, Jugs, and Glasses so seised, shall be forfeited, and shjJl
be delivered to some Revenue Officer.

V. If any Person occupying any House or Place, or any Person
aiding or assisting such Occupier, on Demand made of Entrance
by any Justice of the Peace, or Superintendent, Inspector, or
Seijeant of Police, Sub-Inspector, Head or other Constable respec-
tively, and on his stating that he seeks to enter by virtue of his
Office as a Justice of the Peace, or by the Authority of a War*
rant from a Justice of the Peace (which Warrant he shall
produce when required so to do), shall delay or refuse to admit
such Justice, Superintendent, Inspector, Serjeant, Sub-Inspector,
Head or other Constable, or his Assistants respectively, into such
House or Place for the Purpose of executing such Warrant as
aforesaid, such Person shall forfeit and pay a Sum not exceeding
the Sum of Two Pounds nor less than Ten ShiUings, or be impri-
soned for any Term not exceeding One Fortnight nor less than
One Week, unless Proof shall be made to the Satis&ction of the
Justice or Justices who may hear the Complaint that there was
reasonable Caube for giving such Delay or Befusal: Provided
always, that for the Purpose of such Conviction as last aforesaid,
Proof to the Satisfaction of the Justice who may hear the Com-
plaint that Spirits were sold or kept or exposed for Sale in such
Room, House, or Place where such Person was so found tiirein
shall be sufficient Evidence that no Licence then existed for
selling Spirits, unless the contrary be proved.

VL As to Spirits in transitu or YrocesB of Removal from one
Place to another, it shall and may be lawful for any County
Inspector, Sub-Inspector, Head or other Constable of Constabu-
lary, to demand from any Person having in his Custody or Posses-
sion any Spirits in any Quantity whatsoever exceeding One
Gallon a proper Permit or Certificate authorizing the Removal of
such Spirits, and on the Production of any snch Permit or Certi-
ficate to endorse the same with his own Name, together with the
Place, Date, and Time of such Endorsement; and in case no
Permit or Certificate shall be produced, or any Permit the limi-
tation of which shall have expired, it shall be lawful for such
County Inspector, Sub-Inspector, Head or other Constable, to seize
such Spirits, together with the Vessel containing the same, and the
Horse or other Cattle, and Cart or other Carriage, used in the
Removal thereof, and to arrest the Person in whose Possession or
Custody the same shall have been found, and to convey him, os
soon as conveniently may be, before a Justice of the Peace, to be
dealt with as herein directed ; and the Person in whose Possession
or Custody such Spirits shall have been found without such Per-
mit

A.D.1854. 17^ & 18- VICTORI/B. C. 89. 831

mit or Certificate, or with anj Permit the Limitation of which
shall have expired, shall be liable—

For the First Offence, to a Penalty not exceeding Five Pounds
nor less than Twenty Shillings, or to be imprisoned, wi& or
without Hard Labour, for a Term not exceeding Three
Months nor less than One Month :
And for the Second and e^ery subsequent Offence, to a Penalty
not exceeding Ten Pounds nor less than Forty Shillings, or
to be imprisoned as aforesaid for a Term not exceeding Six
Months nor less than Two Months.
VLL Nothing herein contained shall extend to prohibit any Fenonsdnlj
Person or Persons duly licensed under any Act or Acts relating lioenaed may
to the Excise Laws in Ireland to carry on his Trade or Business, ^ ^^"SJl!*
for which he shall be so licensed as aforesaid, in Booths, Tenia, or %^ "^ ^^
other Places, at the Time and Place and within the Limits of
holding any lawful and accustomed Fair, or at any public Races,
or shall authorize the Seizure of Wine, Spirits, Beer, Ale, Cider,
or Perry in any such Booth, Tent, or other Place, within the
Limits aforesaid, in which such Person so licensed shall so carry
on his Trade, or the taking or apprehending of any Person therein
at any Time or Hour during which the Sale of Spirits is not
prohibited by Law

YUL All Proceedings under this Act shall be conducted, and Fhioeedings to
all Penalties imposed and Costs awarded under this Act shall be ^ ^ ^^^
sued for, levied, and recovered, and any Conviction under this ^^^^^t
Act shall be appealed from, as by the " Petty Sessions {Irdand) 135^^
Act, 185 If" is directed, provided, and enacted, except where others
wise specially exempted or provided for in the said Act and this
Acl^ anything in any former Act or Acts to the contrary not-
withstanding. I

DL From and after the Commencement of this Act, every Persons apply-
Person who shall apply for a Certificate to obtain an Excise mg for Excise
Licence, under or by the Authority of any Act or Acts for tfTe ^'^^^(^^^
Sale of Wine, Spirits, Beer, Ale, Cider, or Perry by Retail in gtabulary Offi-'
Irdandj to be drank or consumed on the Premises or elsewhere, cer and Super-
shall, Twenty-one Days at least before the Quarter Sessions at intendent of
which such Application is intended to be made, give Notice in Police.
Writing to the Sub-Inspector of the District in which he resides,
or in his Absence to the Head Constable, or if in the Metropolitan
Dublin Police District to the Superintendent of Police of the
Division in which such Person resides, stating the Litention of
such Person to make such Application, and setting forth his Place
of Residence, the Situation and Place of the House where such
Wines, Spirits, Beer, Ale, Cider, or Perry are to be sold, and the
Names and Places of Abode of the Persons whom such Person
requiring such Certificate proposes as Sureties.

X. The Sub-Inspector of the District, or in his Absence the Con«tabalary
Head Constable, or if in the Metropolitan Dublin Police District 2^^ ^ a ♦
the Superintendent of Police of the Division, shall be and is ^^oU^^kj
hereby authorized to object to such Certificate before the Justices otgect to the
at the Quarter Sessions or Recorder, as the Case may be, and the J^ue of Cer-
Justices or Recorder shall proceed to consider, examine on Oath tificate.
into^ and adjudicate upon the Truth, Sufficiency, and Validity of
such Olyection ; and it shall be lawful to require the Applicant to

answer

332

G.89.

17« & 18*> VICTORLE.

A.D.1854.

Excise Officer
not to grant a
BenewalLi*
cence without
Certificate of
Jnsticefl.

For removing
I>oabt8a8to
Bight of Entry
under the Act
8 & 9 Vict.
0.64.

I>efinitionof
Terms ^ House
or Place."

Definition of
Entry in Books
of ludand
Bevenue De-
partment

Lord Lieute-
nant may order
the Constabu-
lary to exercise

answer whether he belongs to an^ unlawful Society or not, bat
any Admission by such Applicant is not to be used in Evidence in
any Prosecution affainst the Party making it; and if such Justices
or Recorder shall be satisfied of the Truth and Sufficiency of such
Objection, they may prohibit such Certificate to be issued, in like
Manner as they are authorized to do according to Law.

XI. From and after the Commencement of this Act, it shall not
be lawful for any Officer of Excise in Ireland to grant a Renewal
of any such Licence as aforesaid to any Person applying for such
Renewal at and for the same House as shall have been licensed in
the Year last immediately preceding, and whose Licence shall not
have been withdrawn or annulled, without such Person producing
a Certificate, signed by Two or more Justices of the Peace pre-
siding at the Petty Sessions of the District in which such Person
resides, or if in the Dublin Metropolitan Police District hj a
Divisional Justice of the District in which such Person resides, to
the good Character of such Person, and to the peaceable and
orderly Manner in which such House had been conducted in the
past Year.

XTT. * And whereas by the Act of the Sesrion holden in the

* Eighth and Ninth Years of Her Majesty, Chapter Sixty-four,

* intituled An Act to amend certain Regulations respecting the

* RetaU of Spirits in Ireland, Power is given to any Justice of the

* Peace, or any Chief or other Constable or Overseer, within the

* Limits of his Jurisdiction, to enter into any House or Place kept
' open for the Sale of Spirits to be consumed elsewhere than in
^ such House or Place : And whereas Doubts have arisen as to

* whether the Right of Entry extends to every Part of such

* House or Place, or only to the particular Part entered as licensed

* for such Sale of Spirits in the Books of the Inland Revenue
' Department :*

From and after the Commencement of this Act» the Words
** Chief or other Constable" shall be construed to mean and include
any County Inspector, Sub-Inspector, Head or other Constable of
Constabulary, or any Superintendent, Inspector, or Constable of
the Dublin Metropolitan Police ; and the Words ^ House or Place **
in this and the aforesaid Act, or any other Act or Acts relating to
the Sale of Spirits, Wine, Beer, Ale, Cider, or Perry in Ireland,
shall be construed to mean and to extend to every Room, Closet,
Cellar, Yard, Stable, Outhouse, Shed, or any other Place whatso-
ever of, belonging, or in any Manner appertaining to such House
or Place ; and whatever particular Part of such House or Place
shall be entered in the said Books of the said Inland Revenue
Department as licensed under the said Act of the Eighth and
Ninth Years of Her Majesty, or any other Acts relating to the
Sale of Spirits, Wine, Beer, Ale, Cider, or Perry, as aforesaid, it
shall be lawful for any such Justice of the Peace, Chief or other
Constable, or Overseer, or any Officer of Excise, with their
Assistants respectively, to enter every Room, Closet, Cellar, Yard,
Stable, Outhouse, Shed, or any other Place whatsoever belonging
to such House or Place.

XIIL And for tho better Prevention and Suppression of
Offences against the Laws relating to illicit Distillation in Ire*
land, from and after the passing of this Act, whenever and from

Time

A.D.1854. 17* & 18» VlCTORIiE. C.89. 333

Time to Time as often as the Lord Lieutenant or other Chief Powers, &&
GoTemor or Governors of Ireland shall see fit so to order and granted by
direct, it shall and may be lawful for the County Lispector, Sub- ^ * ^ -^iil'
Lispector, Head or other Constable within any County, County of gnp^^oo of
a City, or County of a Town, or in any One or more Barony or iiucit DistiUa-
Baronies or Half Barony or Half Baronies in such County at tion.
large, or any Part or Parts or District or Districts of any such
County or County of a City or County of a Town named in any
Order issued in that Behalf, to exercise all the Powers and
Authorities and to have and possess all the Privileges granted to
Officers of Excise by an Act passed in the First and Second Years
of the Reign of His late Majesty King William the Fourth, inti-
tuled An Act to consolidate and amend the Laws for suppressing
the iUicit making of Malt and Distillation of Spirits in Ireland,
in searching for private Stills, Wort, Wash, Potale, Low Wines
or Singlings, or Spirits, and Com and Grain making into Malt,
and in arresting and detecting Persons discovered in the Place
where private making of Wort, Wash, or Potale, or Distillation of
Spirits or making of Malt, is carrying on, as fully and effectually
as if the Clauses in the said Act had been repeated and re-enacted
in the Body of this Act, and made to apply to such County
Inspector, Sub-Inspector, Head or other Constable as aforesaid.

XIV. Provided always. That no such Order as aforesaid shall Duration of
be issued after the Expiration of Three Years from the passing ^^^ foregoing
of this Act, nor shall any such Order continue in force after the ^^"m^*"***^*-
Expiration of the said Term of Three Years ; and it shall be

lawful for the Lord Lieutenant or other Chief Governor or
Governors of Ireland^ at any Time within the said Term of Three
Years, to revoke any such Order as aforesaid for the Time being
in force ; and from and after such Revocation such County In-
spector, Sub-Inspector, Head or other Constable as aforesaid,
shall cease to exercise and possess such Powers, Authorities, and
Privileges as aforesaid.

XV. And it shall and may be lawful for the Inspector General Begnlatlons to
of the Constabulary Force of Ireland^ with the Approbation of ^ n^ide for
the Lord Lieutenant or other Chief Goveftior or Governors of S®^'^^^
Irelandy from Time to Time to frame Rules and Regulations for gtabiSary^ffln-
the Guidance of the said Constabulary Force in the Prevention ployed in the
or Suppression of illicit Distillation in such Districts as aforesaid, Preyention, &c
and for the making of Returns to the Lord Lieutenant or other of illicit Distil-
Governors of Ireland of all Seizures whatsoever made, and of ^^^^

the Apprehension of Offenders by any County Inspector, Sub-
Inspector, Head or other Constable of the said Constabulary
Force, and also of all other Measures taken for or towards the
Prevention or Suppression of illicit Distillation, under the Autho«
rity of such Orders as aforesaid.

XVL A Copy of all Rules, Regulations, or Orders which may Snch Hegula-
be made by the Inspector General of Constabulary for the Guid- ???VJ^^
ance of the said Constabulary Force to carry into effect tbe ^iJl^ent.
Provisions of this Act shall be laid before Parliament within Six
Weeks from the Date of the Issue thereof, if Parliament be then
sitting, or if not then sitting, within Six Weeks from the Day of
the next ensuing Meeting of Parliament.

XVn. All

334

C.89,90.

17° & 18" VICTORI-aE.

A.D.1854.

As to IHsponI
of Seixurea
made by Con-
stabnlaiy.

XYIL All Seizures made under the Provisions of this Act bj
the said Inspector or Superintendent or Serjeant of Police, or hy
any County Inspectors, Sub-Inspectors, Ilead or other Constables,
shall be, as soon as conveniently may be, delivered oyer to the
Officer or Supervisor of Excise most convenient to the Place
where such Seizure shall have been made, to be dealt with as is
directed by the said Act of the First and Second Years of the
Beign of His late Majesty King WiUiam the Fourth for the
Suppression of illicit IHstillation in Ireland.

Acta, &c.
named m Sche-
dule repealed.

Transactions
preyiotts to
this Act not to
be affected.

Legal or
current Bate of
Interest

Not to affect
the Law as to
Pawnbrokers.

CAP. XC.

An Act to repeal the Laws relating to Usury and to the
Enrolment of Annuities. [10th AugvLst 1854.]

' Vi7HEREAS it is expedient to repeal the Laws at present
* ▼ ^ in force relating to Usury :' Be it enacted by the Queen's
most Excellent Majesty, by and with the Advicd and Consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and hj the Authority of the same, as
follows :

L The several Acts and Parts of Acts made in the Parliaments
of England and Scotland^ Great Britain and Ireland, mentioned
in the Schedule hereto, and all existing Laws against Usurj,
shall be repealed.

n. Provided always, That nothing herein contained shall
prejudice or affect the Rights or Remedies of any Person, or
diminish or alter the Liabilities of any Person, in respect of any
Act done previously to the passing of this Act.

nL Where Interest is now payable upon any Contract, express
or implied, for Payment of the legal or current Bate of Interest,
or where upon any Debt or Sum of Money Interest is now payable
by any Rule of Law, the same Rate of Interest shall be recoverable
as if this Act had not been passed.

IV. Provided alwsjrs, That nothing herein contained shall ex-
tend or be construed to extend to repeal or affect any Statute
relating to Pawnbrokers, but that all Laws touching and con-
cerning Pawnbrokers shall remain in full Force and Effect, to all
Intents and Purposes whatsoever, as if this Act had not been

SCHEDULE referred to by the foregoing Act.

Acts and Pabts of Acts of the Parliaments of England, Great
Britain, and the United Kingdom of Great Britain and Irehind.

37 Hen. 8. c. 9. - - The whole of an Act passed in the

Thirty-seventh Tear of the Reign of
King Henry the Eighth, intituled
« A Bill against Usury."

13 Eliz. c. 8. - - The whole of an Act passed in the

Thirteenth Tear of the Reign of
Queen Elizabeth, intituled ^^ An Act
against Usury.'*

21 Jac. 1.

A.D.1854. 17" & 18» VICTORIA C.90. 835

21 Jac 1. c 17. mado So much of an Act passed in the Third

perpetual by 3 Car« 1. Year of the Beign of King Charles

c 4. 8. 5. the First as enacts, that an Act passed

in the Twenty-first Year of King

James the First, intituled "An Act

against Usury," be made perpetual.

12 Car. 2. c 13. - The whole of an Act passed in the

Twelfth Year of the Beign of King
Charles the Second, intituled "An
" Act for the restraining the taking
•* of excessive Usury.^

Confirmed by 13 Car. 2. So much of an Act passed in the Thir-
Stat. 1. c. 14. teenth Year of the Beign of King

Charles the Second, intituled "An
" Act for confirming an Act, intituled
" ^ An Act for encouraging and in-
" ' creasing of Shipping and Naviga-
" * tion,' and several other Acts, both
" public and private, mentioned there-
"in," as confirms the herein-before
mentioned Act of the Twelfth Year
of the same Beign.

12 Anne, Stat. ^. c> 16. - The whole of an Act passed in the

Twelfth Year of the Beign of Queen
Anne, intituled "An Act to reduce
" the Bate of Interest, without any
"Prejudice to Parliamentary Secu*
" rities."

53 Geo. 3. c. 141. - The whole of an Act passed in the

Fifty-third Year of the Reign of King
George the Third, intituled " An Act
" to repeal an Act of the Seventeenth
" Year of the Beign of His present
" Majesty, intituled * An Act for
" * registering the Grants of Life An-
" * unities, and for the better Protec-
" ' tion of Infants against such Grants,
" ' and to substitute other Provisions
" 'in lieu thereof,"* except so much
thereof as repeals the said Act of the
Seventeenth Year of King George
the Third.

3 Greo. 4. c 92. - The whole of an Act passed in the

Third Year of the Beign of King
George the Fourth, intituled "An
" Act to explain an Act of the Fifty-
" third Year of the Beign of His late
" Majesty, respecting the Enrolment
" of Memorials of Grants of Annui«
"ties.*

7 Geo. 4. c. 75. - The whole of an Act passed in the

Seventh Year of King George the
Fourth, intituled " An Act to explain
" an Act of the Fifty-third Year of

" the

33ff C. 90. 1 7^ & 18 » VICTORLaS. A.D. 1854.

" the Reign of His late Majestj, re*
** specting the Enrolment of Memo*
" rials of Grants of Annuities.**

5 & 6 W. 4. c. 41. • So much of an Act passed in theSesaon

of Parliament holden in the Fifth and
Sixth Years of the Reign of King
William the Fourth, intituled »An
" Act to amend the Law relating to
** Securities given for Considerations
** arising out of gaming, usurious, and
"other illegal Transactions,** as re-
lates to Securities given for Consi-
derations arising out of usurious
Transactions.

13 & 14 Vict. c. 56. - The whole of an Act passed in the

Session of Parliament holden in the
Thirteenth and Foqrteenth Years of
the Reign of Her present Majestj,
intituled ''An Act to continue the
" Act for exempting certain Bills of
*' Exchange and Promissory Notes
" from the Operation of the Usury
" Laws.**

AoTS of the Parliament of Scotland.

An Act of the Eleventh Parliament of King James the Sixth,
Chapter Fifty-two, *' It is not lesum to take ane greater annual
'' Rent for the 100 Poundes nor Ten Poundes, or Five Bolls
" Victual.**

An Act of the Fourteenth Parliament of King James the Sixth,
Chapter Two hundred and twenty-two, "For Punishment of
" Committers of Usury.*'

An Act of the Fifteenth Parliament of King James the Sixth,
Chapter Two hundred and fifty-one, " It is not leasum to take
mair annuall Rent or Profet nor Ten for the Hundreth.**

. An Act of the Sixteenth Parliament of King James the Sixth,
Chapter Seven, " Explanation of the Acts of Parliament anent
" Ocker and Usury."

An Act of the Twenty-third Parliament of King James the
Sixth, Chapter Twenty-eight, ''Anent taking of annual Rent
" beforehand to be Usurie.**

Acts of the Parliament of Ireland.

An Act of the Tenth Year of King Charles the First, Session
Two, Chapter Twenty-two, intituled " An Act against Usury.**

An Act of the Second Year of Queen Anne, Chapter Sixteen,
intituled " An Act for reducing of Interest of Money to Eight per
" Cent, for the future.**

An Act of the Eighth Year of King Greorge the First, Chapter
Thirteen, intituled " An Act for reducing the Interest of Money
" to Seven per Cent."

An Act of the Fifth Year of King George the Second, Chapter
Seven, intituled " An Act for reducing the Interest of Money to
" Six per Cent"

CAP.

A.D.1854. !?• & 18» VICTORIiE. a9h 337

CAP. XCI.

An Act for the Valuation oF Landa and Herltiged in Scot^
land. [10th August 1854.]

* WT^EREAS it is expedient that One uniform Valuation be
^ ^^ established of Lands and Heritages in Scotlandy accord-
' ing to which all public Assessments leviable or that maj be
' levied according to the Real Rent of such Lands and Heritages

* maj be assessed and collected, and that Provision be made for
' such Valuation being annually revised :' Be it therefore enacted
bj the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of the
same, as follows : i

L The Commissioners of Supply of every County and the Commissionefs
Magistrates of every Burgh in Scotland respectively shall annually of Supply and
cause to be made up a Valuation Roll, showing the yearly Rent or Magirtrates of
Value for the Time of the whole Lands and Heritages within such m^ceup*
County or Burgh respectively and separately, within each Parish Valuation Roll
or Part of a Parish situated within such County or Burgh respec- annually.
tively, and specifying in each Case the Nature of such Lands and
Heritages, and the Names and Designations of the Proprietors or
xepoted Proprietors, and where there are Tenants or Occupiers,
of the Tenants and of the Occupiers thereof respectively ; and
within Two Months after the passing of this Act, the Commis-
rioners of Supply" of each County, and the Magistrates of each
Burgh, shall hold a Meeting and adopt such Measures as will
enable the First Valuation RioU under this Act to be made up by
the Flfleenth Day of August^ One thousand eight hundred and
fiAy-five.

IL Li making up the Valuation Roll, the Commissioners of Officer of
Sapply and Magistrates respectively may take the Assistance Inland Reve-
of the Officer of Inland Revenue charged with the Duty of assess- ^^^co^U-
ing to the Income Tax in such County or Burgh respectively ; gionerso™
and such Commissioners and Magistrates respectively may, from Supply and
Time to Time, as often as they may deem it necessary, by their Magistrates in
Older in Writing, to be signed by their Clerk, require any Officer making np the
of Inland Revenue, charged with the Duty of assessing the Income ^'al»»a<>o» ««"•
Tax in such County or Burgh respectively, to appear before them
when and where, and as often as such Commissioners and Magis*
trates respectively may deem expedient, and to produce all Assess-
ments and other Documents in the Custody or Power of such
Officer relating to the Value of, or Assessment on, all or any of
the Property within the several Parishes or Places within his
District or Division, and to be examined on Oath, and answer
such Questions as the said Commissioners and Magistrates respec*
tively may put to him touching the said Assessments, or the Value
of the Property contained therein : Provided always, that it shall *
be in the Power of such Commissioners or Magistrates, if they
think fit, not to insert in any Valuation Roll under this Act, the
Names or Designations of the Tenants or Occupiers of any Lands

17 h 18 Vict. Z and

^s

gsr.

U* fit l.8» VICIXJRIiB.,

44).UM,

Appointment
and Duties of
Assessors.

Assessors to
make up ^
Valuation Boll
by 15th August
in each Year.

Notice to be
given to Per-
sons whose
Property is
Talued.

and Heritages separately let for a shorter Period than One Tear,
or at a Rent not amounting io Four Poiujds per Annum.

m. In order to- the making, i|p>of 9uch YfJiiation, the Ck>iimu8^
sioneri^ of Supply 6f each County, and the Magistrates of eacH
Burgh respectively shall, as Occasion requires, appoint One or
more fit and proper Persons to. be Assessors or ^^euor for the
Purposes of this Act ; and it shall be the Duty of such Assessors
annually to ascertain and assess the yearly Bent or Value of tho
several Lands and Heritages within the County or Burgh respecn
iively, other than the Lands and Heritages of Kailway and Caiial
Companies, which are hereinrafter specially provided for. ahd to
make up such Valuation Roll thereof in the Manner by this Act
prescribed ; and every such Assessor shall be appointed either^
for the whole County or Burgh, or for some particular Portion or
District thereof, to be prescribed by the Commissioners of Supply
or Magistrates respectively ; and every such Assessor shall, on
being appointed by the said Commissioners of Supply or Ma^s-
trates respectively, and before entering upon the Duties of his
Office, declare that he will faithfully and honestly perform the
Duties thereof ; and every such Assessor shall be removeable at
the Pleasure of the said Commissioners or Magistrates respec-
tively. . ^

rV. In every County and Burgh the First Valuation Roll to be
made up as aforesaid under this Act shall be made up by the
Assessors acting under this Act on or before the Fifteenth Day
of August One thousand eight hundred and fifty -five ; and a
liew valuation Roll shall be annually made up by the Assessors
on or before the Fifteenth Di^ o£ August in every subsequent
Year.

V. On or before the Twenty-fifth Day of August^ and not earlier
than the Fifteenth Day of Juli/ in each Year, the Assessor shall
transmit or cause to be transmitted to each Person included in
his Valuation, whether as Proprietor or Tenant or Occupier, a
Copy of every Entry in such Valuation Roll wherein such Person
shall be set forth either as Proprietor or Tenant or Occupier,
along with a Notice to such Person that if he considers himself
aggrieved by such Valuation he may appeal against the same to
the Commissioners of Supply of the County or to the Magistrates
of the Burgh, as the Case may be, in Terms of this Act, or may
obtain Redress without the Necessity of such Appeal, by satisfying
the Assessor, on or before the Eighth Day of September in each
Year, that he has well-founded Ground of Complaint ; and snch
Copy and Notice may be served by handing the same to snch
Person personally, or leaving the same, or sending it through the
Post Office, at his Residence or usual Place of Abode ; and where
the Residence or Place of Abode of such Person is unknown, it
shall be sufficient if Service be made as aforesaid- upon his Factor
or Agent, or be addressed to him at the Office of the Clerk of
Supply of the County or Town Clerk of the Burgh, as the Case
may be : Provided always, that where, in making up his Valuation
as aforesaid, the Assessor is merely to repeat an Entry which
occurred in the Valuation of the immediately preceding Year, it
shall not be necessary for the Assessor to transmit such Copy and

Notice

A:IXIfi54. .W & 18« VICTOEIiE. G9I. 339

Notice as ttforemid to the fehm or Persons specified in such
merely repealed Sntrjr*

VL In estimating the yearly Value of Iiands ana Heritages Yearly Rent or
tinder this Act, the same shall be taken to be the Rent at which, Value, how to
one Year with another, such Lands and Heritages might in their ^ estimated,
actual State be reasonably expected to let from Year to Year ;
and where suiA Lands and Heritages consist of Woods, Copse, or
ITnderwood, the yearly Value of the same shall be taken to be
the Rent at which such Lands and Jleritages might in their
natural State be reasonably expected to let from Year to Year, as
Pasture or Grazing Lands ; and where such Lands and Heritages
are bond fide let for a yearly Rent conditioned as the fair annual
Value fliereof, withont Grassum or Consideration other than the
Bent, such Rent shall be deemed and taken to be the yearly Beat
xst Value of each Lands and Heritages in Terms of this Act :
Provided always, that if such Lands and Heritages be let upon a
Lease the stipulated Duration of which is more than Twenty-one
Years from the Date of Entry under the same, or in the Case of
Minerals more than Thirty-one Years from such Date of Entry,
the Bent payable under such Lease shall not necessarily be assessed
as the yearly Rent or Value of such Luids and Heritages, but such
yearly Rent or Value shall be ascertained in Terms of this Act
irrespective of the Amount of Rent payable under such Lease,
and the Lessee under such Lease shall be deemed and taken to be .
also the Proprietor of such Lands and Heritages in the Sense of
this Act, but shall be entitled to Relief from the actual Proprietor
thereof, and to Deduction from the Rent payable by him to such
actual Proprietor, of such Proportion of all Assessments laid on
upon the Valuations of such Lands and Heritages made under
this Act, and payable by such Lessee as Proprietor in the Sense
of this Act, as shall correspond to the Rent payable by such Lessee
to such actual Proprietor as compared with the Amount of such
Valuation.

VIL It shall be lawful for any Assessor acting under this Act ABsessor may
to call up<m any Person, being a Proprietor or reputed Proprietor ^ ^o^ written
or Tenant or Occupier within the County or Burgh or District for ^^^^^"^^
which such Assessor is appointed, for a written Statement of the
yeariy Rent or Value and of all other Particulars required by this
Act of all Lands and Heritages within such County or Burgh or
District of which such Person is Proprietor or reputed Proprietor,
or Tenant or Occupier ; and if any such Person shall, without
reasonable Excuse, fail to furnish such written Statement to such
Assessor within Fourteen Days after he shall be called upon in
Writing so to do, he shall be liable to pay a Penalty not exceeding
Twenty Pounds ; and if any such Person shall present or cause
to be presented to such Assessor any false Statement of such
yearly Rent or Value or other Particulars as aforesaid, he knowing
the same to be false, he shall be liable to pay a Penalty of Fifty
Pounds.

VIIL The Commissioners of Supply of every County and the Courts of
Magistrates of every Burgh shall annually on or before the Fif- Appeal
tccnth but not earlier than the Tenth Day of September in -^ach

Z 2 Year

340

C.91.

17* & 18* VICTOEIJE.

A.D.1854.

Persons entitled
to Appeal.

Procedure at
Appeal Courts.

Valuation Boll
to be retained
by Assessor till
8th of Septem-
ber yearly, and
thereafter
to be open to
inspection.

Tear hold a Court for hearing Appeals against Valuations made
by such Assessors as aforesaid under this Act, of which Ten Days
Notice shall be given, which Court may be adjourned from Time
to Time ; and at such Court, and at latest on or before the Thirtieth
Day of September in each Year, all such Appeals and Complaints
under this Act shall be disposed of ; and such Courts or adjourned
Courts of Appeal shall be held in such and as many Places within
such County and Burgh respectively as such Commissioners and
Magistrates respectively shall appoint ; and the Deliverances of
such Conmiissioners and Magistrates respectively upon such
Appeals and Complaints shall be final and conclusive, and not
subject to Review.

IX. All Persons whose Names shall have been entered by the
Assessors in the Valuation Roll of the County or Burgh respec-
tively, whether as Proprietors or Tenants or Occupiers, shall be
entitled to appeal to the said Commissioners or Magistrates, as tho
Case may be, with reference to such Entry : Provided always,
that the Appellant shall. Six Days at least before such Appeal
is heard, intimate in Writing to the Assessor that he is to main-
tain such Appeal, and specify the Amount of Valuation which
he alleges should be substituted for the Amount stated by the
Assessor.

X. It shall be competent to the Commissioners of Supply and
Magistrates of Burghs respectively in the hearing of Appeals
under this Act to cite and examine the Parties and their Witnesses
on Oath, and to call for all Papers and Documents which they
may deem necessary ; and every Court of Appeal shall be attended
by the Assessors by whom the several Valuations under Appeal
were made, and such Assessors shall answer upon Oath all com-
petent Interrogatories which may be put to them with reference
to the Matters involved in such Appeals; and it shall not be
necessary for the Court of Appeal to keep any foimal Record of
their Proceedings, except only a Note of the Assessment, Appeal
and Judgment ; but they may, if they think proper, cause any
Deposition which may be made before them to be taken down in
Wnting, and signed by the Deponent, and may authenticate it by
the Signature of One of their Number as having been made in
their Presence ; and every such Deposition so taken down, signed,
and authenticated shall be deemed and taken to be good Evidence
in any Prosecution for Perjury.

XI. Tlie Valuation Roll, when made up by the Assessor, shall
be retained by him until the Eighth Day of September in each
Year, when he shall transmit it to the Clerk of Supply of the
County or to the Town Clerk of the Burgh, as the Case may be,
or, if there be no Town Clerk, to such other Person as the Chief
Magistrate of the Burgh, or if there be no such Magistrate the
Sheriff of the County, may specially appoint for the Purpose,
which he is hereby required in such Case to do, as Occasion
requires ; and the said Valuation Roll shall thereafter remain in
the OflSce of such Clerk of Supply or Town Clerk, or other Person
specially appointed as aforesaid, patent to every Person having
Interest therein, either as Proprietor, Tenant, or Occupier.

XII. As

AJ).1854. 17* & 18*^ VICTORIiB. C.91. 341

XII. As soon as all Appeals taken under this Act shall have Valnatkm Boll,
been disposed o^ and the Valuation of the Conntj or Burgh shall ▼hen com-
have been thereby completed, the said Valuation Roll shall be ^*^^J^^
authendeated in Counties by the Signature of the Convener of the J^dto b^Q '
Conuniasioners of Supply, or of the Clerk of Supply, or other fo^ee for One
Person whom the Commissioners of Supply may authorize for that Year.
Purpose, and in Burghs by the Signature of the Chief Magistrate,
or of the Town Clerl^ or other Person whom the Magistrates may
authorize for that Purpose, and such Valuation Roll shall then be
in force as the Valuation Roll of the County or Burgh, as the
Case may be, for the Year commencing at the Term of Whitsunday
immediately preceding, and ending at the Term of fVhitsunday
immediately following ; and as soon as such Valuation Roll h&s
been authenticated as aforesaid, the Clerk of Supply or Town
Clerk, as the Case may be, shall furnish to the Clerks of the several
Parochial Boards within the County or Burgh a Copy of so much
thereof as relates to their respective Parishes ; and every Parish,
Person or Persons, interested in any Valuation Roll under this
Act, shall be entitled to inspect and make Copies of the same or
any Part thereof, at their own Expense, at such reasonable Times,
and on Piiyment of such moderate Fee, and subject to such Regu-
lations, as the Commissioners of Supply or Magistrates respectively
may fix.

XUL If any Complaint shall be made to the Commissioners of As to Com-
Snpply of any County, or to the Magistrates of any Burgh, sitting plaints made
as an Appeal Court as above provided, to the Effect that the yearly ^**^ regard to
Rent or Value of any Lands or Heritages within such County or yjj^^g
Burgh respectively has been stated by the Assessor in the Valua-
tion Roll of such County or Burgh at other than the just and true
Amount thereof, such Commissioners of Supply and Magistrates
respectively may, if they think fit, make Inquiry into such Com-
plaint, after giving not less than Six Days Notice to the Pro-
prietor and (JNccupier of such Lands and Heritages of the Time
and Place when such Inquiry will be gone into, and may there-
upon alter the Amount of the yearly Rent or Value of such Lands
and Heritages in the Valuation Roll of such County or Burgh to
such Extent as, after such Inquiry, may appear to them to be just ;
and the Commissioners of Supply and Magistrates respectively, in
the G<mduct of such Inquiries as aforesaid, shall have all the same
Powers and Authorities as are by this Act conferred upon them
with reference to Appeals; and it shaU be lawful for them to
award Expenses against the Complainer, where it shall appear to
them that such Complaint has been made without any reasonable
or probable Cause : Provided always, that where any Parish con-
sists partly of a Burgh and partly of a Landward District, it shall
be competent to the Commissioners of Supply of the County or to
the Magistrates of such Burgh respectively, if they shall think that
any Property within such Parish has been unduly valued, to refer
the true Value of the same to the Sherifi* of the County, who shall
decide the same sunmiarily without being subject to Review, and
the Magistrates and Commissioners of Supply respectively, on such
Decision being produced to them, shall correct the Roll accord-
ingly at the next ensuing Period of Valuation.

Z 8 XIV. In

34a.

C.91.

!?• & W VICTOEMB. , AJ>.IBfiiL:-

missionen of
Supply or Two
Magistrates*
&c. to be a
Qaoiiim.

Preses at Meet-
ings of Com-
missioners of
Supply, and
Magistrates of
Burghs, under
this Act

Papers and
Documents
emanating from
Commissioners
of Supply, &c.,
how to be
authentici|ted.

Powers of
Supplementary
Assessment
granted by ex-
isting Acts of
Parliament not
to be affected.

XIY. In all Proceedings under this A<$t,.Bnj Three .Conmiifl-
-sitoers of Supply, sod Two Mi^istrates of. a Bnrgh^ eball • be
deemed to be a Qaomm of such Cammissioners and Magistrates
respectivelj, and shall be entitled to exerdse all the PowerscoA'*
ferred upon the general Body of Commissioners and Magistrates
respectivelj under this Act, and the Majority present, and votingi
shall rule the Decision ; and where the Votes of those present shidl
be equal, the Preses of the Meeting shall haye a Casting Vote.

XV. In all Meetings of Commissioners of Supply under this'
Act, their Convener, or, in the Absence of the Convener, the Person
who may be elected by such Meeting to act as its Preses, shall be
Preses of such Meeting ; and in all Meetings of Magistrates of
Burghs under this Act, the Lord Provost, or Provost, or Chief
Magistrate of the Burgh, when he is present thereat, shall be
Preses of such Meeting ; and, failing him, the Person who may
be elected by such Meeting to act as its Preses shall be Preses of
such Meeting.

XVL Por'the Purposes of this Act, the Signature of the Con-
vener or of the Preses of a Meeting of Conunissioners of Supply
adhibited to any Paper or Document shall be equivalent to the'
Signatures of the whole Commissioners of Supply present at a*
Meeting thereof ; and the Signature of the Lord Provost, or ProJ-
vost, or Chief Magistrate of the Burgh, or of the Preses of a
. Meeting of the Magistrates, of the Burgh, adhibited to any Paper
or Document, shall be equivalent to the Signatures of the whole
Magistrates present at such Meeting ; and the Addition to such
Signatures respectively of the Words " Convener," " Lord Pror
vost," "Provost," " Chief Magistrate," or " Preses," shall be good
primd facie Evi4ence that such Signature is the Signature of such
"Convener," "Lord Provost," "Provost,"" Chief Magistrate," or
" Preses," as the Case may be, and that such Paper or Document
is genuine and authentic.

. XVIL Where, by any Act of Parliament^ Power, is given to
make a Supplementanr Assessment for any Portion of lUie Year
from Whits^ndai^ to irhiisunday^ such Power shall not be affected,
by this Act; and the Assessors under this Act are hereby respec-*
tively authorized and required .to make up such Supplemeotairjr.
Valuation Eoll a^ may be necessary iu order to such Supplementary:
Assessment : Provided always, that such Supf^letnentary Asates^-
ment. shall be made upon the Proprietors, Tenants^ or Occupiera
liable thereto, according to the Valuations estjabUshed hy this Act
q£ the respective Lands and Heritages . of whieh they are. aach
Proprietors, Tenants^ and Occupiers reSpectivdy far the Year, i»
a Portion of which such Supplementary Assesonent ap{^esi: J^^
vided als<>, that every Assessor msking up sack &xppleinentaryi
Valuation Roll shall, transmit or causb to be transsdtted.to each:
Person included iberein, whether iid Proprietor, Tenaat^ or Ocew*.
pier, a Copy of ev^ry Entry in such Supplementary ViAuatioii i^lL
wherein such Person shall be set forth either as Pro]»iel)or,:Tcxian«;i
or Occupier, along with a £fotice to suckPerson that ifhe.cosiif
siders himself aggrieved by such Sapplemeutary Vakiaifcion. he maji
appeal against the same as after mentioned^ and it shall be lawiid:

for

A.I>.1«£4» W' & lft« VlCTOM^fi* G.*L S48

for every' sQch !Per8oa to ftppeal within 'Fourteen t>9,y& thereaftei^
to the Coort of Appeal establiBlied by this Act; and Buch Court
shall IttTB the Power' of granting Belief against such Supplemen-
tary TalnatioB so appealed against, to such Extent and in such
Way and Manner as to such Court may seem just^

' XVILL After the Completion of each annual Valuation as Expenses of
aforesaid under this Act, the Commissioners of Supply of each Vaivationt,
County and the Magistrates of each Burgh shall cause an Account ^^^^
to be made up of the Costs and Expenses attending the same, and ^
shall ascertain and £x the just Amount thereof, and shall cause
such Amount to be apportioned upon the Parishes within such
County and Burgh respectively, according to the yearly Rent or
Value thereof as fixed by such Valuation, and the same shall be
assessed and levied along with the Assessment for the Relief of
the Poor for the current Year irithin such Parishes respectively;
or they shall cause such Amount, albng with such reasonable Sum
as they may deem necessary to meet the Expenses of Collection, to
be assessed upon the Lands and Heritages within their County ot
Burgh respectively, included in such Valuation, by a rateabW
Assessment upon such Lands -and • Heritages according to thd^
Yearly Rent or Value thereof as fixed by such Valuation, the Pro*
prietors and Oocuplers of sneh Lands and Heritages being liable
to pay such Assessment equally between them, or, in the^ Option
of such Commissioners of Supply dr Magislrates respectively, shall
cause such Amount to be assessed i^long with and as Part of and
by way of Addition to any other Assessment which may be leviable
according to the Valuttlion established by this Act within such
County or Burgh ; and'aii^ Balance of Funds reniaining on Hand
from Time to Time in any County eft* Bfirgh, arising from such
Assessment under this Act in ahy One Yea(r, after linswering the
fixpenaes of the Year with reference to which such Assessment
was imposed, may be retained^ and applied by the Commissioner
of Supply of each County, and the Magistrates of each Burgh
respectively, in such Miinn^ as they may deem fit, for defraying
the Expense of making up Vi^uation Rolls under this Act in mh*
sequent Years, but for no other Uses or Purposes wliatever: Pro^
▼ided always^ that where in any County or Burgh there are or
shall be Funds avulable for the Purpose, it shall be lawful for
the Commissioners of Supply of such County or Magistrates of
siKih Burgh, as the Cas^ may be, to defray such Costs and Expenses
as^aftiMsaid out* of such available Funds, in place of resorting to
Assessirient under the Provisions of this^ Act '

XIX. From and aftel-the'pas^ng df this Acl^ no Person, other Nev Qualifies-*
than « Person duly qualified 'as after mentioned, shall be qualified tk>n for Cast^
io Actfm^ CCTunissioner of fettppfy in 4*iy Goutity ; and any Ptersoh mi«n<«er8 of
ikit^^oly-^iMiiified' as afor^^d aetilig %ib such Cbmmisstoner shsll ^^PP^^*
bo mitje^'^tkd liable- to the Penalties presently attached by Law
to^^the aoiiiig as a CommisRoner of 'Stipply without Qualification ;
aadH^m'aM af^er'ihe paibkig pfKhis Act the Qualification re*
quirite for *» Gotoimission^r of Bupply in any County shall be ^e
bang named as an ex^ffieuf Gommissxoner of Supply in any Act
of Supply^ OP the being Proprletdr or the Husband of any Pro-
priertor infdft in liferent, or in^Feenot burdened with a Liferent,

— Z 4 in

S4i

0.9U

17*&18* VICTORIA.

A.Da854.

Asaessor of
Railways and
Canals to "be
appointed.

Such Assessor
to make up
annually a
Valuation BoU
of Railways
and Canais.

in Lands and Heritages within sucli County, of the yearly Bent
or Value, in Terms of this Act^ of at least One hundred Poufida,
or the being eldest Son and Heir Apparent of a Proprietor infeft
in Fee not burdened with a Liferent in Lands and Heritages
within such County of the yearly Rent or Valuer in Terms of this
Act, of Four hundred Pounds ; and the Factor of any Proprietor
or Proprietors infeft, either in Liferent or in Fee unburdened as
aforesaid, in Lands and Heritages within such County of the
yearly Rent or Value, in Terms of this Act» of Eight hundred
Pounds, shall be qualified to act as a Commissioner of Supply in
the Absence of such Proprietor or Proprietors : Provided alwaya,
that, with reference only to the Qualification of Commissioners of
Supply under this Act^ the yearly Rent or Value of Houses and
other Buildings, not being Farmhouses or Offices or other agricul-
tural Buildings, shall be estimated at only One Half of their
actual yearly Rent or Value, in Terms of this Act: Provided also,
that all Persons who shall, at the Date of the passing of this Acl^
have been in actual Possession of the Qualification then required
by Law for a Commissioner of Supply, and entitled to act as auch
Cfommissioner, shall, so lo;ig as he shall continue to possess such
last-mentioned Qualification, be deemed to be in possession of the
Qualification requisite for a Commissioner of Supply in Terms of
this Act.

XX. In order to the making up of Valuations and Valuation
Rolls of Lands and Heritages in Scotland belonging to or leased
by Railway or Canal Companies, and forming Part of the Under-
takings of such Companies, it shall be lawful for Her Majesty to
appoint, as Occasion requires, a fit and proper Person to be
Assessor of Railways and Canals for the Purposes of this Act ;
and the Remuneration or Salary to be paid to such Assessor of
Railways and Canals in respect of his own Time and Trouble, and
in respect of any Clerks or other Officers whom he may be allowed
by the Commissioners of Her Majesty's Treasury to employ in the
Execution of his Duties under this Act, shall be fixed from Time
to Time by the said Commissioners of Her Migesty's Treasury ;
and such Assessor of Railways and Canals shall, before entering
on the Duties of his Office, declare that he will faithfully and
honestly perform the Duties thereof, and shall be removeable by
Her Majesty at Pleasure.

XXI. The Assessor of Railways and Canals under this Act
shall, on or before the Fifteenth Day of August One thonsand
eight hundred and fiftj-five, and on or before the Fifteenth Day
of August in every subsequent Year, inquire into and ^x in cumulo
the yearly Rent or Value, in Terms of this Act> of all Lands and
Heritages in Scotland belonging to or leased by each Railway and
Canal Company, and forming Part of its Undertaking, and shall
also inquire into and fix the Amount which One Year with another
would be required in order to the Acquisition, Formation, and
Erection of the several Stations, Wharfis^ Docks, Depdts, Counting-
houses, and other Houses and Places of Business respectively, in
Scotland^ of or connected with each such Undertaking (including
the Solum on which such Stations and others are erected), and
shall also inquire into and fix all other Matters necessary to

enable

A.D.1854. n** & 18« VICTORIiE. C.91. 346

eoftble him to make up a Valuation Boll of Railways and Canals
as after meotioBed ; and such Assessor of Railways and Canals
shall make np a Valuation Roll, applicable to all Railway and
Canal Companies having Lands and Heritages as aforesaid, in
which Valuation Roll shall be set forth, in Columns, the yearly
Bent and Value, in Terms of this Act, of the whole Lands and
Heritages, in Scodandy belonging to or leased by each such Rail-
way or Canal Company i*espectively, and forming Part of its
Undertaking ; the Names of the several Parishes, Counties, and
Burghs through which the Line of such Railway or Canal Com-
pany runs, or in which its ^aid Lands or Heritages, or any Part
thereof, are situated ; the lineal Measurement of its entire Line,
and the Portion of such lineal Measurement situated in each such
Parish, County, and Burgh ; the Amount of the Cost as aforesaid
of its several Stations, Wharfs, Docks, Depots, Counting-houses*
and Houses and Places of Business in Scotland^ (including as
aforesaid,) the Proportion of such gross Amount expended in each
su<^ Parish, County, and Burgh ; and where any Stations, Wharfs,
Docks, Depdts, Counting-houses, or other Houses or Places of
Business are held or used jointly by any Two or more Railway
or Canal Companies, the Proportions in which such Railway and
Canal Companies are respectively interested therein ; and also the
yearly Rent or Value, in Terms of this Act, ascertained as after
mentioned, of the Portion in each Parish, County, and Burgh in
Seodand of the Lands and Heritages belonging to or leased by
each Railway and Canal Company, and forming Part of its Under-
taking.

XXIL The yearly Rent or Value, in Terms of this Act, of the Mode in which
Lands and Heritages in any Parish, County, or Burgh belonging the y^ly Rent
to or leased by any Railway or Canal Company, and forming Part ^jjj^^^d
of the Undertaking of such Company, shall be ascertained as OanalsistolM
follows ; that is to say, there shall be deducted, in the first place, ascertained.
from the €umulo yearly Rent or Value of the whole Lands and
Heritages in Seodand as aforesaid of each such Railway or Canal
Company, a Sum equal to Three Pounds n^r Centum of the whole
Cost as aforesaid of the Stations, Wharfs, Docks, Dep6ts, Counting-
houses, and other Houses and Places of Business in Seodand of
and connected with the Undertaking of such Railway or Canal
C<»npany (including as aforesaid) ; and the Proportion of such
diminished cumuio Rent or Value corresponding to the lineal
Measarement of the Portion of the Line, including Ferries
attached thereto, of such Railway or Canal Company, situated in
such Parish, County, or Burgh, as compared with the lineal
Measurement of the entire Line, including Ferries as aforesaid,
of such Railway or Canal Company, with the Addition of a Sum
equal to Three Pounds per Centum of the Cost as aforesaid of
any Station, Whar^ Dock, Dep6t, Counting-house, or other House
or Place of Business, within such Parish, County, or Burgh, or
of or connected with the Undertaking of such Railway or Canal
Company (including as aforesaid), shaU be deemed and taken to
be the yearly Rent or Value, in Terms of this Act, of the Lands
and Heritages in such Parish, County, or Burgh belonging to or
leased by such Railway or Canal Company, and forming P^t of
its Undertaking.

XXm. Where

St6

a4)L

lir* & l^<^ VICTOKI^i

AJiA^U.

Water, Gas,
and other Com
paniesmaj
haye their
I^mdsand
Heritages
yalued by the
Assessor of
Railways and
Canals.

•i> •

Notice to
be giyen to
Bailway and
Canal Com-
panies, &c.

XXIII. Whei^any Water CoihpaBjyOrtSkut Company, 6r<yt2»r
0oii^>an7 having anjr oontinnous Landft and Heritages liable to be
asBessed in moire tban One Parish, Connty, or Btirgh> ahail desbv
to have such Lands and Heritages asse^ed bj the Assmaor of
Railways and Canals nnder this Act, it shall be competent to each
Watelr or Gas or other Company to make ^tarnation in Writing
of such Desire, nnder the Hand of its Manager, Secretary, or
other Principal Officer, at any Time before the Fifteenth Ihiy of
May in the Year One thousand eight hundred and £ihj*^Ye» or
before the Fifteenth Day of May in any subsequent Year, to the
Sheriff of the County within which such Lands and Heritages,
or the Head Office and Place of Business in Seodand of suoh
Water or Gas or other Company are situated ; and such Sheriff
shall forthwith make such public Advertisement of his having
received such Intimation as to him shall seem necessary or proper,
and also shall make special Intimation thereof to the Assessor of
Railways and Canals tmder this Act $ and thereupon Such Assessor
of Railways and Canals shall be exdosively charged, subject to
Appeal as herein provided, with the Valuation of the Lands aAi4
Heritages in Scotland of such Water of Gas or e^ber Company
in Terms of this Act ; and such Assessor of Ridlways and Canals
shall on or before the Fifteenth Day of AupuH in the Year One
thousand eight hundred and fiftyfive, and on or befoi^ the Fif-^
teentb Day of August in every subsequent YeiU\ inquire into mi4
fix in eumulo the yearly Rent and Value, in TV^rms of this A^'l^
of all Lands and Heritages in Scotland belonging to ^or leased hy
such Water or Gas or other Company, and forming Part of it«
Undertaking, and shall also inquire into and fix the just Propor-
tions of such cumula yearly Rent ot Value applicable to each
' Parish, County, and Burgh in Seodand in which spch Water ev
Gas or other Company is liable to be assessed as aforesaid ; and
snch Assessor of Railways and Canals shaU include in the Yalna*
tion Roll to be made^ up by him under this Act, all the Water
Companies, Gas Companies, and other Companies, whose Lands
and Heritages shall be valued by him as afoi^esaid, and shall eet
forth in such Valuation Roll, in Colnmns> the yearly Rent cmt Vakie,
in Terms of this Act, in cumuh, of the whole Lands and Heri«
tages in Scotland belonging to or leased by each such Water, Q9i»y
and other Company respectivdiy, and forming Part of its U<iier-
taking, the Names o£ the several Parishes, <>)Untle8,'and Burghs
in which its said Lands and Heritages or any Part thei^sof nve
situated, and also the yearly Rent or v altfe, in Terms of this At^
()f the Portion in each such Parish, County, and^Bm^gh, sepifaraiely!
and respectively, of the Lands and Herittiges belonging to or leased
by each such Water, Gas, and other Company respectively, and
forming Part of ha IJndertaknig. . . . :)

XXIV. On or before the Fifteeritji Day of .4i9«af in each Yeatt
the said Assessor of Railways and Oanalr ttnder t^i^ Act^ shidt
transmit or cause to.be transmitted: -to eacb'Railway and Canal'
and. other Company included in his Valuation; either> through 4b^
Boat Office, or by causing the same to be leftat the Head or -othm^
known Office of Business of each ^ch Company, a Co^y of evefy^
Entry in. his Valuation Roll wherein such Company diall be set
forth, either as Proprietor, Tenant^ or Occupiei^^jiind- if sti^li

Company

A.D.18&k 17* & 18* VICTORIA. a9L> 3^

Company OMiitder themaolves a^rieved hj such Yaluatioii^ they' If Companies

m^ obteift'Bedjressbj. satisfying such Assessor of Railways and ^lu^^ them-

Ganalsy oaor before the Eighth Day of September next ensuing, "^^^..^ ^

that they haye well-founded Ground of Complaint, and obtaining ^^^^^^

an Alteration by him of his Valuation accordingly, which Altera* Lord Ordinary.

tion he is in such Case authorized to make, or by lodging a Note

of Appeal, on or before such last-mentioned Date, to the Lord

Ordinary officiating on the Bills in the Court of Session, or where

the Lands and Heriti^es belonging to such Company are all

situated within One County, then to the Sheriff of such County ;

sad all Plroceedings before such Lord Ordinary or Sheriff, as the Proceedings

Case may be, under this Act, shall be summary, and may be taken ^^ ^^

either in Ccvrt. or at Chambers, and shall be conducted in such to^StS^ury.

Way as such Lord Ordinary or Sheriff respectiyely may prescribe'

or allow ; and any Deliverance which shall be pronounced by such

Lord Ordinary'or Sheriff, as the Case may be, on such Objections,

OB or before the Thirtieth Day of November neit after such Appeal

is entered and such Objections are made, shall receive Effect^ and

it ahall be the Duty of such Assessor of Raihvays and Canals to

alter his Valuation in conformity therewith ; and such Deliyer->

ance, and tho Yaluation of the said Assessor of -Railways and^

Canals, if not appealed against, or if appealed against in so far as

not altered by a Deliverance of the Lord Ordinary or Sheriff as

aforesaid, shall be final and conclusive, an4 not subject to Eeview. . . '_s

XXV. The Valuation Roll to be made up by the Assessor of Any IWalv. .)
Bailways and Canals, while the same is in the Hands of sucl^ S^'^^S^L*
Assessor, shall be patent to all Persons having Interest therein* S!IStod^«Aw
and no Fee of any kind shall be charged to any such Person for. Baihray o^\^1
Liberty to inspect the same; and it shall be competent to any Canal Ydim^o
ParislC County, or Burgh> haying Literest in any Valuation therein, tion may ^^ipeid'
contained, to object to and represent against, the same to the Lord against the \
Ordinary officiating on the Bills in the Qourt pf Session, or when f^^^S^i^v'
the Lands and Heritages belonging to any Railway or Canal or ^ uromaiy^
other Company included in such Valuation Roll are all situated / . /

within One County, then to the Sheriff of such Coui^ty, and' such
Lord Ordinary or Sheriff, as the Case may be, shall afford totth^,
Company to which such Objection applies an Opportunity of
answering such Objection, and may also, if he think it necessary
or proper, afford fuch Opportunity to the A^e^^or of Railvvays.
and Canals, or to any Person or Persons whom he may consider;
to be interested in such Objection ; and any Deliverance which,
^all be pronounced by him on suck Ottjections on or before thoi
Thirtte^ Day of November next afler such Objections are made
sliaJl be giyen effect to, and be final and conclusive*

XXVL For the Purpose pf making, tho Valuations of the Aaiessorof
Lands and. Heritages ef Railway and Canal and other Companies^ Rsjjjjys wt* '
ly the Assessor of Railways and Cankis under tliis Act, it shall, ^'^J^^^
be lawful for sucii Assessor of Railways and Canals to require "vvYhmg^t^e.,'*
the Attendance before him of^ aiiy Persons as Witnesses, and to' and if «ad!i'iti '
examine sud^ WiinesE^s on Oath, and also to call* from Time to reftued, Blgfai
Tin>e\upon any l^ailway or Canal or other Company to be included ^^VV^ ^ ^
m his Yaluation for detailed Statements of the yearly Revenue of ™"eited.
its Undertaking, distinguishing the different Sources thereof, aiid

the

348

C.91.

17* & 18« VICTORLffiL

A.Da854.

Valuations of
Railways and
Canals, &c.,
when com-
pleted, to be
authenticated,
and communi-
cated to the
Clerks of
Supply and
Town Clerks,
and to be in
force for One
Year.

Valuation
Bolls of KaU-
ways, &c to be
transmitted to
Lord Clerk
Begister.

the Aznount derived from eacli 8ttch Source, and alflo in ihe Caoe
of Railways and Canals of the Cost as aforesaid of each of ita
Stations, Wharfs, Docks, Depdts, Counting-houses, and other
Houses and Places of Business (including- Sie Solum on which
such Stations and others are erected), and also of the Parishes,
Counties, and Burghs in which such Stations, Wharfs, Docks,
Depdts, Counting-houses, and other Houses and Places of Busi-
ness are severallj situated, and of the lineal Measurement of the
whole, any, each, and every Part of its Line, and to call for Pro-
duction from Time to Time of any Books, Vouchers, or other
Writings in the Possession of any Railway or Canal or other
Company relating to or bearing upon any Matters aforesaid* or
to or upon the Subject of the Inquiries of such Assessor under
this Act ; and if any such Company, or its Manager or Secretary,
or the Chairman of its Board of Directors, all for the Time being,
shall wilfully refuse or delay to furnish any such Statements, or
to make any such Production, when required by the Assessor of
Railways and Canals as aforesaid, such Company shall not be
entitled to appeal against or object to the Valuation of such
Assessor of Railways and Canals for the Year in which such
Refusal or Delay takes place, anything in this Act to the contrary
notwithstanding.

XXYII. The Valuation Roll to be made up annually as afore-
said by the Assessor of Railways and Canals under this Act shall,
as soon as may be after the Thirtieth Day of November in each
Year, be authenticated by the Signature of such Assessor, and
such Valuation Roll shall then be in force as ihe Valuation Roll
of Railway and Canal and other Companies for the Year com-
mencing at the Term of Whitsunday immediately preceding and
ending at the Term of WJiitmnday immediately following ; and
the Assessor of Railways and Canals under this Act shall there-
upon transmit to the Clerk of Supply of each County and to the
Town Clerk of each Burgh in which any Portion of the Under-
taking of any such Company is situated a certified Copy of the
Valuation, in Terms of this Act, taken from such Valuation Roll,
of the Lands and Heritages within such County or Burgh respec-
tively belonging to or leased by and forming Part of the Under-
taking of such Company ; and such Valuation relating to such
Company shall be engrossed by such Clerk of Supply or Town
Clerk, as the Case may be, in the Valuation Roll of such County
or Burgh, and shall be authenticated by the Signature of such
Clerk of Supply or Town Clerk, and shall be thenceforward
deemed and taken to be a Part of such Valuation Roll of such
County or Burgh.

XXVin. The Valuation Rolls of Railway and Canal and other
Companies, to be made up by the Assessor of Railways and
Cansds in Terms of this Act, shall he periodically transmitted by
the Assessor of Jtailways and Canals to the Lord Clerk Regis-
ter, or his Deputy, for Preservation in the General Register
House, in like Manner as the Valuation Rolls of Counties and
Burghs are herein-after directed to be periodically transmitted as
aforesaid.

XXIX. Ihe

A.D.1854. 17-&18* VICTORIA. C.91. 349

XXIS. The Amount of the Remuneration or Salary of the Salary of the
Assessor of Railways and Canals under this Act, and of his Clerks Aasesflor of
and other Officers as aforesaid, shall, on or before the Eleventh S^IJf^^^'
Day of November in each Year, be paid by the Railway and contrilmted
Canal and other Companies haying Lands and Heritages in- rateabljby
cloded in the Valuation of Railways and Canals for the Year to Baihray and
which such Remuneration or Salary applies, to the Commissioners Caiul Com-
of Her Majesty's Treasury, or to such Person or Persons as P*°i**» *^
they may appoint to receive the same, each Company paying a
Proportion of such Remuneration or Salary corresponding to the
yearly Rent or Value of its Lands and Heritages, ascertained in
Terms of this Act, as compared with the yearly Rent or Value
of the whole Lands and Heritages in Scotland of Railway and
Canal and other Companies included in such Valuation ; and in
case of any Difference of Opinion as to the Proportions in which
such Remuneration or Salary should be borne by such Companies
respectively, in Terms of this Act, the same shall be determined
by the Commissioners of Her Majesty's Treasury, whose Award
thereon shall be final ; and on or before the Thirty-first Day of
December in each Year the said Remuneration or Salary received
from such Companies as aforesaid shall be paid over by the Com-
missioners of Her Majesty's Treasury to the Assessor of Railways
and Canals ; and the Proportion of such Remuneration or Salary
payable by each such Company, in Terms of this Act, shall be
deemed to be a Debt due by such Company to the Crown, and
shall be recoverable in like Manner as any other Debt due to the
Crown is recoverable by Law.

XXX. No Valuation of any Lands or Heritages contained in Mistake or
any Valuation Roll under this Act shall be rendered void or be Mianomer not
affected by reason of any Mistake or Variance in the Names of *? ^^^ Valua
such Lands or Heritages, or in the Christian or Surname or *^®"'
Designation of any Proprietor or Tenant or Occupier thereof ;

and no Valuation Roll which shall be made up and authenti-
cated in Terms of this Act, and no Valuation which shall be con-
tained therein, shall be challengeable, or be capable of being set
aside or rendered ineffectual, by reason of any Informality, or of
any Want of Compliance with the Provisions of this Act, in the
Proceedings for making up such Valuation or Valuation Roll.

XXXI. In all Cases where any Lands or Heritages shall be Proprietors of
separately let at a Rent not amountiDg to Four Pounds per Annum^ ^f^^ ^^^^^
and the Names of the Occupiers thereof shall not have been charoSble with
inserted in the Valuation Roll, the Proprietor of such Land and Aas^ients.
Heritages shall be charged with and have to pay the whole of

the A^essments on such Lands and Heritages separately let as
aforesaid ; but every such Proprietor charged with and paying such
Assessments shall have Relief against the Tenants and Occupiers
of such Lands and Heritages for Reimbursements thereof, if and
in so far as such Assessments may by Law be properly charge-
able upon such Tenant or Occupiers.

XXXEL From and after the Establishment of Valuations of Prison Assess-
the Lands and Heritages in Scotland under this Act, every menttobc
Assessment which shall or might lawfully be assessed or levied S5S^I~"*"

binder '**™*^"

9SD

G.9U

17«:&18» VICTOBUB.

A.IXn54.

Act,M»ilKlt ^

bySiASViofe-

Other public
AMemnnents
leviable on
BealBentto
be leried apon
Valoatioiui
established by
this Act

Valuatioxi Roll
to be Evidence
in Begistration
and Appeal
Courts.

«Uiddr An Act passed in tbe Session 6f Fftrliantoni Hbldeil'M'^tiie
Second atid Third Yefthi of the Reign of Her pteosM Migestjr,
intitaldd An Act io improw Pruons and l^riiah DimpUn^ in

jScotlftnd, upon any Lands or Heritages, according to flie annnal
Valve of such Luidb or Heritages, shall be aaae^sed and leTi^d
tipon the Basis of the Valuations for the Time being estab-
lished under thiSs Act ; and the said last-recited Act is hereby
repealed to the Extent which may be necessary to give Efi^t
to this Enactment, but no further.

XXXin. Where, in any County, Burgh, or Town, anj County,
Municipal, Parochial, or other public Assessmmit, or any Assess*
ment, liate, or Tax und^r any Act of Parliament, is authoriaad
to be imposed or made upon or according- to the B^ Beiit of
Lands and Heritages, the yearly Bent oi^ Value of such Lands and
Heritages, as appearing from- the Valuation Boll in force for the
Time under this Act in such County, Burgh, or Town, shdl from
tmd after the Establishment of such Valuation therein, be always
deem^ and taken to be the just Amount of Beal Bent for tho
Purposes of such County, Municipal, Parochial, or other Assess*
ment, Bate, or Tax, and the same shall be assessed and levied
according to such yearly Bent or Value accordingly, any Law or
Usage to the contrary notwithstanding : Provid^ always, that
when the Area of any Parish Church heretofore erected has
been allocated among the Heritors, according to their respective
valued Bents as appearing upon the present Valuation Bolls, all
Assessments for the Bepair thereof shall be imposed accor£ng to
such valued Bent ; and where in any County, Bui^h, or Town,
any County, Municipal, Parochial, or other public Assessment, or
any Assessment, Bate, or Tax under any Act of Parliament, oth^
than Poor Rates, is or might be assessed upon Means and Sub-
stance, such Assessment shall, from and after the Establishment
of Valuations under this Act, be assessed and levied upon the
yearly Bent or Value, in Terms of this Act, of such Lands and
Heritages within such County, Burgh, or Town, One Half upon
the Owners nnd the other Half upon the Tenants and Occupiers
of such Lands and Heritages, but subject to the Provisions and
Exceptions herein -before made and provided as regards Lands and
Heritages separately let at a Bent not amounting to Four Pounds ;
and all Acts, Laws, and Usages to the contrary are hereby repealed
in so far as necessary to give effect to this Enactment, but no
further.

XXXrV. In all Questions and Proceedings under any Act of
Parliament relating to the Franchise, or to the Bepresentation of
the People in Parliament, it shall be sufficient to refer to an Entry
in the Valuation Boll in force for the Time, or last in force under
this Act in any County or Burgh, and such Entry shall be received
and taken in all such Questions and Proceedings as conclusive
Proof that the gross yearly Bent or Value of the Lands or Heri-
tages specified therein is at the Bate of such Beference, and has
been from the Commencement of the Year to which such Valuation
Boll applies, of the Amount therein set forth; and it shall be
competent in all Cases, notwithstanding anything in any existing
Act of Parliament to the contrary, to refer to each Valuation

BoU

IfM'iB s%ftk Afs^ .Cqut% . ftltboogli . sack Ydpat^on .4^q11 ouiy
nQ^h^TeibcMBprpio4Qi»4.or re^iurred to in the Begi$tratioA C<wt;
mtfiit ■bfllt be tlie Duty of every Sheriff Clerk of a County and
3>v9B Clerk of a Bivgh officiating or who ought to officiate at any
B^^iBtxation Coutt or Court of Appeal under any such Act of
Fariiament to hare the Valuation Boll of the County or Burgh» ae
Uie Case may be, in foroe for the Time under this Act,, on the
Xable of such Registration Court or Court of Appeal, as the Case
nay bc^ for Beferenoe, as aforesaid y and as soon as each annud
Valuatleii BoU of a Comty, or of a Burgh not being .a Burgh send-
ing or oontributiAg to s^d a Member to Parliament, shall have
leen oompleted under this AQt» and when the same shall be
required for the Purposes pf .any.Begistration or Appeal Court,
ttMa<^rk of Supply having the Custody of such Valuation Boll
$baU, when called upon to do so^ transmit the same to the Sheriff
C^erk of the County, by whom it shall be retained, patent to all
Partjee having Interest therein, until the Business of the Begis^
tDitlon and Appeal Courts of the Year shsJl be concluded, when it
shattbe forthwith returned by such Sheriff Clerk to such Clerk of
S«pply.

. :XXXV. The Valuation Bolls to be made up in Terms of this Valaation Bolls
Act shall be, as nearly as may be, in the Forms of the Schedules ?> ^ ™*?J®?P
hereunto annexed ; and shall be otherwise in such Form and of ^^^^^^^
such Dimensions as may be prescribed by the Lord Clerk Begister |^ transmitted
of SeaUandy or his Deputy ; and at the Expiration of Six Years to the General
Crom the Date of the passing of this Act, and at the Expiration Register House
of every subsequent Period of Six Years thenceforward, every ^p"" Preserva-
Clerk of Supply and Town Clerk or other Person, being Custodier ^^°*
of the Valuation Bolls of any County or Burgh under this Act,
shall transmit or cause to be transmitted to the said Lord Clerk
Begister or his Deputy, in order to Preservation thereof in the
General Begister House of Scotland^ the whole Valuation Bolls of
luch County or Burgh then completed, and not previously trans-
mitted, other than the Valuation Bolls of such County or Burgh in
force for the Time being.

XXX VL The Limits and Boundaries of such Barghs as send, Boundaries of
or contribute to send, a Member or Members to Parliament, shall, ^^^ sending
Ibr the Purposes of this Act, be taken and held to be according p^^"^f ^^
to the Limits and Boundaries prescribed by an Act passed in the ^ g^^^ ^
Session of Parliament holden in the Second and Third Years of prescribed by
the Beign of His late Majesty King William the Fourth, intituled 2 & 3 W. 4.
Ah Act to amend the Bepresentation of the People in Scotland : <^ 6^-
Provided always, that in any Burgh in which the ordinary Juris-
diction of the Magistrates shall not extend over the whole of the
said Boundaries, it shall be lawful to exclude therefrom, for the
Purposes of this Act, such Part thereof, being beyond the ordi-
nary Jurisdiction of the Magistrates, as may be mutually agreed
on by the Magistrates of the Burgh and the Commissioners of
Supply for the County, or in case of Disagreement as shall be
detennined by the Sheri£f of such County : Provided always,
that where more than One Burgh contributes to send a Member
or Members to Parliament, each such Burgh shall notwithstand-
ing be held to be distinct and separate Burghs for the Purposes

of

362 C.91. 17^ & 18» VICTORIiE. A.D.1854.

of this Act ; and the Magistrates of each Burgh res^eo^Tefy
shall have and exercise all the Powers herein conferred on Ma-
gistrates of Burghs : Provided also, that where the Bonndaries
of any Burgh are not prescribed by the before-recited Act of the
Second and Third Years of the Reign of His Majesty King
WiUiam the Fourth, the same shall be determined by the Sheriff
of the Sheriffdom in which such Burgh is situated, or, if sudi
Burgh be situated partly in one County and partly in another,
by the Sheriff of that Sheriffdom in which the greater Part of
such Burgh may be situated ; and, as soon as may be after the
passing of this Act, every Sheriff to whom such Power of fixing
the Boundaries of any Burgh for the Purposes of this Act is
hereby committed shall, by Letter to be addressed by him to
the Chief or Senior Magistrate or other Administrator on behalf
of such Burgh, require such Magistrate or other Administrator of
such Burgh to attend him at a Time and Place to be fixed in such
Letter, and shall likewise intimate the same to the Convenor or
Convenors of the County or Counties in which such Burgh is
situated, and shall at such Time and Place, or at any Time or Place
to which the Sheriff may adjourn the Inquiry, take such Evidence
as may be adduced to him, or as he may think necessary, and
shall thereupon, by Writing under his Hand, fix and determine
the Boundaries of such Burgh for the Purposed of this Act, and
shall cause such written Determination to be recorded in the
Sheriff Court Books of his County, and shall furnish an official
Extract therefrom to such Magistrate or Administrator, and to
the Clerk or Clerks of Supply of the County or Counties within
which such Burgh is situated ; and such Determination shall, when
so recorded, fix and determine the Boundaries of such Burgh for
the Purposes of this Act.
Beooveryof XXXVH, Every Penalty imposed by this Act may be re-

PenaltieB. covered by summary Proceeding, upon Complaint in Writing

made in Name of an Assessor under this Act to the Sheriff of the
Sheriffdom in which the Offence shall have been committed, or
to the Sheriff of any Sheriffdom in which the Offender may be
found; and on such Complaint being made such Sheriff shall
iSsue a Warrant or Order requiring the Party complained against
to appear on a Day and at a Time and Place to be named in such
Order; and every such Order shall be served on the Party
offending either in Person or by leaving with some Inmate at
his usual Place of Abode a Copy of such Order, and of the Com-
plaint whereupon the same has proceeded ; and either upon the
Appearance or upon the Default to appear of the Party offending
it shall be lawful for the Sheriff to proceed to the Hearing of the
Complaint, and upon Proof of the Offence, either by the Con-
fession of the Party complained against, or other legal Evidence^
and without any written Pleadings or Record of Evidence, to
convict the Offender, and upon such Conviction to decern and
adjudge the Offender to pay the Penalty* incurred, as well as
such Expenses as the Sheriff shall think fit, and to grant Warrant
for imprisoning the Offender until such Penalty and Expenses
shall be paid: Provided always, that such Warrant shall specify
the Amount of such Penalty and Expenses^ and shall also specify

a Period

A.D.1854. 17 • & 18* VICTORLaE. C. 91. 36»

a Period at tke Expiration of which the Party shall 1)e dig-
charged, notwithstanding such Penalty or Expenses shall not
hare heen paid, which Period shall in no Case exceed Three
Calendar Months.

XXXVnr. The Sheriff by whom any Penalty shall be imposed Application of
by virtue of this Act shall award such Penalty to be applied for ^*cnaltie«.
fhe Purposes of this Act within the County or Bnrgh in which the
Oflence was conunitted, and shall order the same to be paid over
to the Complainer, or to some other Person for that Purpose :
Provided always, Aat no Person shall be liable to the Payment
of any Penalty imposed by virtue of this Act unless such Penalty
shall have been prosecuted for within Six Calendar Months after
the Commission of the Offence for which it has been incurred.

XXXIX. Where in any Burgh or Parish or County under any Where Aa
Statute any Assessment^ Rate, or Tax of a fixed Amount or Per- m«?t» are
centage has been assessed upon or levied from the Proprietors T^Ii*i^f^
or Tenants or Occupiers of any Lands and Heritages, but ac- ^ different ^
cording to a different Valuation from that established by this Valuation to
Act, it shall be lawful for the Sheriff, on an Application from any that estabUahel
Person or Persons authorized to assess or levy such Assessment, hy this Act,
Kate, or Tax, or from any Ratepayer within such County, Burgh, ^^'f *^^
or Parish, to fix and determine, after such Inquiry and Notice as p^^^t^e.*
he shall think proper, what Per-centage, according to the Valua-
tion to be made under this Act, corresponds with and will yield
as nearly as may be the Sum which the Per-centage specified in
soeh Statute should yield according to the Valuation hitherto in
use to be made up under such Statute, and the Per-centage so
fixed by the Sheriff shall thereafter, subject to all legal Rights,
he held to bo the Per-centage provided by such Statute.

XL. After the Completion of the First Valuation under this Hogne Moner,
Act, it shall be in the Power of the Commissioners of Supply to &<^* ^ he
assess on the said Valuation and any subsequent Valuation the '^^^^^^[^
Rogue Money and all the other Assessments now levied on the ofthlf same.
valued Bent ; provided that Notice of the Resolution so to assess
be pven at the Meeting of the said Commissioners previous to
the Meeting at which such Assessment is to be made ; but after
soeh Kesolution has once been adopted by the said Commissioners
tt shall not be in their Power to revert to the former Mode of
AsaesKment.

XLT. Nothing contained in this Act shall alter or affect any Liability to
Classification or Power of Classification, or any Deduction or Asjiessmeit
Allowances, or Power of making Deductions or Allowances, from ",**VJ2i^
gross Rental, made or possessed by any Body, Persons or Person, ^^'^^
entitled to impose or levy Assessments, but the same shall not
affect the Value to be inserted in the Valuation Roll in Terms of
this Act ; and nothing contained in this Act shall exempt from or
render liable to Assessment any Person or Property not previously
exempt from or liable to Assessment.

XLIL The following Words and Expressions, when used in Interpretation
this Act, shall in the Construction thereof be interpreted as Clams,
follows, except when the Nature of the Provision or the Context
- 17 & 18 Vict. A a of

354. Q«l. 17° & 18 « VICTOBIlffl; A.D. 1854.

of the Adt shall exclude or t>6 repugnant to aucb Coii8trul5tion&
(thikt is to B^jf) the Expression ^ Lands and Heritages" shall
extend to and include aU Lands,; Houses* Shootings, and Deer
Forests, where such Shootings or Deer Forests are actuallj let^
Fishings, Woods, Copse and Underwood from which Bevenue is
actually derived, Ferries, Piers, Harbours, Qu^js, Wharfs, Docks^
Canals, Railways, Mines, Minerals, Quarries, Coalworks, Water-*
works, Limeworks, Brickworks, Ironworks, Gasworks, Factoriesi
and all Buildings and Pertinents thereof and all Machinery
Axed or attached to any Lands or Heritages : Provided always^
that no Mine or Quarry shall be assessed unless it has been
worked during some Fart of the Year to which such Assessment
applies ; the Word ** Oath " shall include the Affirmation of a
Quaker, Separatist, or Moravian; the Word "Proprietor" shall
apply to Lifierenters as well as Fiars, and to Tutors, Curators,
Commissioners, Trustees, Adjudgers, Wadsetters, or other Person^
who shall be in the actual Receipt of the Bents and Profits of
Lands and Heritages ; thiBr Word ''Factor^ shall mean a Person
acting under a probative Factoiy and Commission for the Pro-
prietor or Proprietors, including Corporations being Proprietors,
for whom he is Factor, and in the honhfide actual Manfi^ement
as such Factor of the Lands and Heritages belonging to anch
Proprietor ; the Word " Burgh " shall apply only to a City, Bni^h,
or Town, being a Royal Burgh, or which sends or contributes
as a Bnrgh to send a Member to Parliament ; the Expressioii
^Magistrates of Burghs* shall include the Lord Provost, or
Provost, or Chief Magistrate and Magistrates and Councils of
Burghs, and all Persons being Members for the Time of Bach
Magistracy or Council ; the Word " Towii " shall extend to and
include all Burghs, as well Royal and Parliamentary Burghs as
Burghs of Barony or Regality, and all other Burghs whatsoever,
and generally all Places situate within a County forming an Areii
of Assessment distinct from such County ; the Word " County **
shall include '' Stewartry," and shall include and apply to a
County exclusive of the Burghs situated therein ; the Expression
^Mhe Assessor" shall mean the Assessor under this Act of the
County or Burgh or Portion or District of the County or Buvgh
for which he is Assessor, as distinguished from die Assessor of
Railways and Canals under this Act.

SCIfE-

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.300

CAP.

356 0.92, 93. 17^ & 18^ VICTOBIiE. A,D. 18«4.

CAP. XCII.

An Act to continue an Act of the Eleventh Year of Her
present Majesty, for the better Prevention of Crime and
Outrage in certain Parts of Ireland. [10th August l^&^.'l

* VI WHEREAS an Act was passed in the Session of Parlia-

* ^ ^ ment held in tjie Eleventh and Twelfth Years of the
11 & 12 Vict. * Reign of Her present Majesty, intituled An Act for the better
c. 2. * Prevention of Crime and Outrage in certain Parts of Ireland

* until the First Dag of December One thousand eight hundred

* andfortg-nine, and to the End of the then next Session ofPar^
' Hament: And whereas by an Act passed in the iSession of

* Parliament held in the Fifteenth and Sixteenth Years of the

15 & 10 Vict. * Reign of Her present Majesty, intituled An Act to continue an
c. 66. * Act of the Eleventh Year of Her present Majestg, for the bet^

* Prevention of Crime and Outrage in certain Parts of Ireland,
' the said first-mentioned Act was continued until the Thirty-
*' first Day of August One thousand eight hundred and Mty-

* three : And whereas by an Act passed in the Session of Par-

* liament held in the Sixteenth and Seventeenth Years of the

16 & 17 Vict * Reign of Her present Majesty, intituled An Act to continue an
c. 72. * Act of the Eleventh Year of Her present Majestg, for the better

* Prevention of Crime and Outrage in certain Parts of Ireland,

* the said first-mentioned Act was further continued until the

* Thirty-first Day of Augu$t One thousand eight hundred and
^ fiilty-four : And whereas it is expedient that the said first-

* recited Act should be further continued for a limited Period :*
Be it therefore enacted by the Queen's most Excellent Msyesty,
hy and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

Recited Act !• That the said first-recited Act shall be and continue in full

- continued. Force and Effect until the Thirty-first Day of August One thou-

.sand eight hundred and fifty-five.

CAP. XCIII.

An Act for the Exchange of the Office in Somerset Hinue
of the Duchy of Cornwall for an Office to be erected in
Pimlico on the Hereditary Posse^^sions of the Crown.

[10th August 1654.]

* "IITHEREAS under and by virtue of an Act passed in the
« TV Fifteenth Year of King George the Third, intituled An

* Act for settling Buckingham House, with tlte AppurtejumceSj

* upon the Queen^ in case She shaft survive His Majesty, in lieu of
^ ais Majesty^ s Palace of Somerset House ; for enabling the Lords
*• Commissioners of His Majesty's Treastirg to sell and dispose of
^ Ely House in Holbom, and for applying the Money to arise by
' Sale thereof togetlter witlt other Monies, in erecting and esta^
' bttshing Public Offices in Somerset House ; and for embanking

* certain Parts of the River Thames lying within the Bounds of

* the Manor of the Savoy ; and for other Purposes therein mem--

* tianed; the Palace called by the Name of Somerset House and

* other

15 G. 3. C 33.

A.D.1854. n^ & 18« VICTORIA CSS. 35?

* other Here<1itament8 therein referred to were vested in His said
' Majesty, His Heirs and Successors, for the Use, Intent, and
' Purpose of erecting and establishing within the same or upon

* the Site thereof several Public Offices therein mentioned, and

* among others the Office of the Duchy of Cornwall: And whereas
' the Office in Somerset House now used and known as the Office

* of the Duchy of Cornwall was built and established under the

* Provisions of the said Act : And whereas the Hereditaments.

* situate in Pimlico in the City of Westminster and County of

* Afiddlesex, specified in the Schedule written under the Articles

* of Agreement herein-after recited, and delineated in the Plan in

* the Margin of such Schedule, and therein coloured Blue, are

* vested in Her Majesty in Fee Simple, as Part of the Hereditary

* Possessions and Land Revenues of the Crown, subject to the

* Provisions of an Act of Parliament passed in the Sixteentli

' Year of the Reign of Her Majesty, intituled An Act to enable 15 ^ 16 Vict

* the Commissioners of Her Majesty* s IVorks and Public Buildings c. 78.

* to complete Improvements in Pimlico and in the Neighbourhood

* o/* Bnckingham Palace, and of the ^^ Pimlico Improvement Act, ic & 17 Vict,
' IS5S C* And whereas the said Office of the Duchy of Cornwall c. 44.

* is necessary for the Public Service ; namely, for thcf Use of the

* Commissioners of Inland Revenue, whose present Office is in-
' sufficient for the Business thereof, and adjoins the said Office of

* the Duchy of Cornwall: And whereas by Articles of Agree-
' ment made and entered into the Fifteenth Day of July One
' thousand eight hundred and fifty-four, between His Royal

* Highness Prince Albert of Saxe Coburg and Gotha, Warden of
' the Stannaries in Cornwall and Devon, the Honourable Alfred

* Hervey commonly called Lord Alfred Ilervey, Keeper of the

* Privy Seal of His Royal Highness Albert Edward Prince of
' Wales and Duke of Cornwall, fVilliam John Alexander Esquire,

* One of Her Majesty's Counsel learned in the Law, the Attorney
' General of His Royal Highness Albert Edward Prince of Wales
^ and Duke of Comwallj and the Honourable Charles Beaumont

• Phippsy Companion of the Bath, a Colonel in Her Majesty *s

* Army, the Treasurer and Coiferer of the Household of His Royal
' Highness Albert Edward Prince of Wales and Duke of Corn-
*' waU, (Four of the Members of the Council of His Royal High-
' De60 Albert Edward Prince of Wales and Duke of Comwally) of

* the First Part ; the Right Honourable Sir William MoUsworth

* Baronet, the First Commissioner of Her Majesty's Works and
' Public Buildings (for and on behalf of the Commissioners of
*' Her Majesty's Works and Public Buildings), of the Second Part,
' and the Honourable Francis Wemyss Charteris commonly called
' Lord Elc/iOf and Chichester Samuel Fortescue Esquire, (Two of

* the Commissioners of Her Majesty's Treasury,) of tlie Third
' Fart, it has been agreed as follows : Witliin Two Years from

* the Date of the said Articles of Agreement the Commissioners

* of Her Majesty's Works and Public Buildings (therein-after and
' herein-after styled the Commissioners of Works) shall, out of

* such Monies as have been or shall be appropriated by Parlia-

* ment for that Purpose, purchase from the Commissioners of Her

* Majesty's Woods, Forests, and Land Revenues the Land, Mes-
*' BoageSy and Appurtenances specified in the said Schedule there-

A a 3 • under

G.93.

17« & 18* VICTORIiE.

A.D.1854.

under written, and delineated in the said Plsin drawn in the
Margin of such Schedule^ and therein coloured Blue, and erect
on such Land and the Site of such Messuages and Appurtenances
a Building according to the Hans and Specifications which haVe
been prepared for the Erection thereof bj the Architect of the
said Commissioners of Works, and have been signed in Dupli-
cate by the Parties to the said Articles of Agreement, for the
Purpose of identifying the same as the Plans and Specifications'
therein referred to, and have been deposited with the Keeper of
the Records of the said Duchy and with the Commissioners of
Works respectively, and complete such Building with the Appur-'
ienances according to such Plans and Specifications, and trith'
Landlord's and Tenant's Fittings and Fixtures thereto in fdV
liespects equally good at least with the Fittings and Fixtures in
the present Duchy Office, fit for Use as and fof the Office of the'
said Duchy, to the Satisfaction in all respects of the said Council
or of their Architect for the Time being, with the Exception of
such Fittings and Fixtures as are ifow in the said present Office
of the said Duchy, and as the said Council may think fit to'
remove and set up in such intended Office ; the said present
Office in 'Somerset House of the Duchy of Cornwall and the'
said intended Office in Pimlico (to bo erected and complete
according to the aforesaid Plans and Specifications for the Ercf-
tion thereof), including the Sites and Fittings and Fixtures of
the said Office and intended Office respectively, shall be valued,'
accoi;ding to their marketable Values, by James Pennethome^ of
some other Person to be named by the Commissioners of Works,'
and Henry Arthur Hunt, or some other Person to be named by
the said Council, and, if they disagree, by an Umpire to be'
named by themselves, and the Values determined by such
' Valuers, if they agree, and by their Umpire, if they disagree,'
shall be deemed for the Purposes of the said Articles of Agrefe-'
ment the Market Values of the said Premises respectively ;'
provided always, that in valuing the Site of ihe said intended'

• Office in Pimlico the Value of the Land only, and not of Houses
and Buildings now and heretofore standing thereon, shall be*

• taken into consideration ; within the said Period of Two Years'
from the Date of the said Articles, and sb soon as the said'
intended Building in Pimlico shall be completed as aforesaid fit'
for Use as the Office of the Duchy of ComteaU to the SatisiV&c-*
tion in all respects of the said Council or of their' Architect for
the Time being, the said intended Building, with its Appurte-'
nances, shall be delivered up into the Possession of thie said'
Council as the Office of the Duchy of Cornwall^ and shall be*
vested in Her Majesty, Her Heirs and Successors, upon the
same Trust for allowing such Building, with its Appurtenances,
to be used for the Office of the said Duchy as the said Office
and Premises in Somerset House are now subject to ; and the'
said Office and Premises in Somerset House of the said Duchy'
shall remain vested in Her Majesty, Her Heirs and Successors,'
freed and discharged from the said Trust, for allowing the same'
to be used for the Office of the said Duchy, but upon the same or
the like Trusts as the said Premises in Somerset House would
have been subject to in case the Office of the Duchy of ComtteUt

* had

A.D.1854. 17 ^ * 18» VICTOELffi;. C. 93. 669

^ had not been one of the Fablic Offices named in or established

* under the said Act of King George the Third ; if the aforesaid
^ Market Value of the said OffioB and Premises of the said Duchy

* in Somerset Bouse shall be less than the aforesaid Market Value
' of the said intended Bnilding and Premises in PwUico, the said
' Council shall immediatelj after the said intended Building and
< Premises in Pimlieo shall be completed and deliveDred up to the

* said Council a^ aforesaid^ pay to the Consolidated Fund of the

* United Kingdom One Half Part of the Excess In Market Value
' of the said intended Building and Premises in PimUco orer the

* said Office i^nd Premises in Somerset House: And in the said

* Articles of Agreement are contained Agreements for making
' the said Articles voidable, in certsiik Events therein specified,

* and for the Payment of Expenses, and otherwise relating to the
^ Premises: And whereas for effectuating the herein»before recited
f Articles of Agreement the Commissioners of Her Mijestj's

* Woods, Forests, and Land Bevenues have agreed to sell, and the

* Commissionera of Works have agreed to purchase, the, said Land

* and Messuages and Appurtenances specified in the said Schedule
' to the said Articles of Agreement, for the Sum of Four* thousand

' tkree hundred Pounds, being the Sum at which the same have - - •'

'been valued bj the Surveyors of the same several Commis^
' sioners respectively : And whereas it is expedient that the
* herein-before recited Articles of Agreement be carried into
' effect ;' Be it enacted therefore by the Queen's most Excellent
Mijeaty, hy and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons^ in this present Parliament
assembled, and by the Authority of the same, as follows :

L The herein-before recited Articles of Agreement, and all The recited
Agreements and Stipulations therein contained, are confirmed, and Agreement
ahail be carried into effect, and the Council of His Royal Highness <»»fin»^
Albert Edward Prince of Wales and Duke of Cornwall, the Com*
missicmers of Her Majesty's Treasury, the Commissioners of Her
Majesty's Works and Public Buildings, and the Commissioners of
fier Majesty's Woods, Forests, and Land Revenues, are empowered
and directed to do all such Things as by the said Articles of
Agreement are agreed or as may be necessary or expedient to be
4one for carrying the same into full Effect.

' II. The said Sum of Four thousand three hundred Pounds, the price of the
Purchase Money of the said Land and Messuages and Appurte- Land specified
oiances specified in the said Schedule to the said Articles of ^^ the Schedule
Agreement, shall, as soon as conveniently may be after the passing ^ ^^t^fT*'
of this Act, be paid by the Commissioners of Works out of such ^^ ^ ^^
Monies as have been ^r shall be. appropriated by Parliament for Commissioners
that Purpose, to the Commissioners of Her Mtgcsty's Woods, of Woods, and
Forests, and Land Revenues, and shall ,be held and applied by ^^^ ^°*
such last-mentioned Commissioners as Monies arising from the ^^"^JJ^**^
Sale of Land, Part of the Hereditary Possessions and Land commissioners
Revenues of the Crown, and upon such Payment being made the of Works.
Site of the said intended Building and all Erections thereon, with
all Offices, Areas, Yards, Walls, Fences, Drains, Sewers, Rights,
Easements, and Appurtenances appertaining thereto, ^and the
Inheritance thereof in Fee Simple, shall vest in the Commis-
sioners of Her Majesty '^ Works and Public Buildings, and their.
. . • A a 4 Successors^

860

C.93,94.

17»&18» VICTOBLaS.

A.Da854.

rpon Comple-
tion of the
Bailding in
Pimlico, and
the Deliver)' of
Possession to
the Council of
the Duchy, the
same to vest in
Her Majesty;

present Office
of the Duchy
to he held as
the other
Portions of
Somerset
House.

Such Money as
may become
payable by the
Duchy to be
paid to the
Account of the
Consolidated
Fund.

7 & 8 Vict
c, 65.

Successors, as incorporated hj tbe Act of Fifteenth Victoria,
Chapter Twenty-eight, freed and discharged firom all other
Estates, Claims, and Incumbrances (if any).

III. Immediately after the said intended Building in JPimlieo,
-with the Appurtenances thereto, shall have been completed fit for
Use as the Office of the Duchy of Comwali^ as by the said
Articles of Agreement provided, and shall have been delivered
up into the Possession of the Council of the said Duchy, and such
Sum of Money (if any) as shall, in pursuance of the said Articles
of Agreement, become payable by the said Council to the Account
of lier Majesty's Exchequer, shall have been paid, the said
intended Building in Pindico and the Site thereof, with all Offices,
Areas, Yards, Walls, Fences, Drains, Sewers, Rights, Easements,
and Appurtenances appertaining thereto, and the Inheritance
thereof in Fee Simple, shall vest in Her Majesty, Her Heirs and
Successors, freed and discharged from all other Estates, Claims,
and Incumbrances (if any), upon the same Trust for allowing such
Building and Premises, with the Appurtenances, to be used as
the Office of the Duchy of Cornwall^ as the Office and Premises
of the said Duchy in Somerset House arc now subject to ; and the
said Office and Premises of the said Duchy in Sofiursei Nousey
with their Rights. Easements, and Appurtenances, shall remain
vested in Her Majesty, Her Heirs and Successors, freed and dis-
charged from the said Trust for allowing the same to be used for
the Office of the said Duchy, but upon the same or the like Trusts
as the said Premises in Somerset House would have been subject
to in case the Office of the Duchy of Cornwall had not been one
of the Public Offices named in or established under the said Act of
King George the Third.

IV. Such Sum of Money (if any) as shall in pursuance of the
said Articles of Agreement become payable by the Council of the
said Duchy to the Account of Her Majesty's Exchequer of the
United Kingdom shall be paid by tbe said CJouncirinto the Bank
of England to the Account of Her Majesty's Exchequer, to be
earned to the Consolidated Fund, and may be so paid by the ssdd
Council out of any Monies for the Time being applicable to any
of the Purposes of an Act passed in the Eighth Year of the
Reign of Her present Majesty, intituled An Act to enable tAe
Council of His Royal Highness Albert Edward Prince ©/" Wales
to sell and exchange Lands and enfranchise Copyholds^ Parcel <^
the Possessions of the Duchy of Cornwall, to purchase other Ltands^
and for other Purposes,

CAP. XCIV.

An Act to alter the Mode of providing for certain Expenses
now charged upon certain Branches of the Public Revenues
and upon the Consolidated Fund. [10th August 1854.]

* \\/ HEREAS the several Charges and Payments described in

* ^^ the Schedule (A.) to this Act are charged, by various

* Acts of Parliament or otherwise, upon certain Branches of the

* Public Revenue : And whereas certain other Charges and Pay-

* ments described in the Schedule (B.) to this Act are also charged
< by the like Authorities upon the said Revenue and upon the

* Con-

jLD.1854. 17^ & 18» VICTOBl^. C.94 361

< Consolidated Fund respectively : And whereas it i^ expedient,

* in order to bring the gross Income 'and Expenditure of the
' United Kingdom and the Isle of Man under the more immediate

* View and Control of Parliament, that such Charges and Fay-
' ments should be otherwise provided for, as herein-after men-

* tiooed. and that the financial Accounts should be prepared and

* Payments regulated with reference to the Periods for which
' Supplies are now commonly granted by Parliament :' Be it
therefore enacted by the <iueen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Temporal,
and Commons^ in this presto nt Parliament assembled, and by the
Authority of the same, as follows :

L From and after the First Day of April One thousand Eight Charges in
hundred and fifty-four, the several Charges and Payments Schedule (A.)
described in the Schedules (A.) and (B.) to this Act, and which, ^ut^f^he^Con-
under the Acts and Authorities in the same Schedules respectively goiidatedFund •
referred to, are charged on or made payable out of the several and Charges
Branches of the Public Revenue in such Schedules mentioned, or in Schedule
on or oat of the Monies in the Hands of Commissioners or Col- (B.) to Ije paid
lectors or other Receivers of such Revenues, or otherwise now ^^7^^
charged on or payable out of all or any Parts of such Revenue parliament
respectively, or on or out of the Consolidated Fund of the United except in
Kingdom, shall cease to be so charged and payable ; and such of certain Cases.
the said Charges and Payments as are described in the said
Schedule (A.) shall be charged on and payable out of the eaid
Consolidated Fund ; and such of the said Charges and Payments
as are described in the said Schedule (B.) shall be paid out of such
Aids or Supplies as may be from Time to Time provided and ap-
propriated by Parliament for the Purpose : Provided always, that
where the Salary of any Office holden for Life or during good
Behaviour is fixed by or under any Act of Parliament, and
charged on or payable out of the said Consolidated Fund, or
payable out of the gross Produce of Customs and Excise under
the Act of the Seventh Year of Queen Anne, Chapter Eleven, the
Act of the Tenth Year of Queen Anne, Chapter Twenty-six, and
subeequent Acts, nothing herein contained shall, so long as the
present Holder of such Office continues to hold the same, affect
the Charge on the said Consolidated Fund, or the Payment out of
the gross Produce of Customs and Excise, of the Salary which
at the Time of the passing of this Act is payable in respect of such
Office : Provided also, that in the event of any Payment being Charges to be
made out of the said Revenues, or out of the Consolidated Fund, defhtyed as
before the passing of this Act, on account of any of the Services heretofore up t»
described in the said Schedules for any Period subsequent to the ^* AcL™^ ^
said First Day of April One thousand eight hundred and fifty-
four, the same shall be repaid to the said Revenues, or to the
Consolidated Fund, as the Case may be, out of the Consolidated
Fund, or out of Monies which may be provided by Parliament for
such Services for the Year One thousand eight hundred and fifty-
four — five.

XL It shall be lawful for the Commissioners of Her Miyesty's Annual Finan-
Treasury, if they shall see fit, at and after such Time as may ^^^ Accounts
appear to them convenient, instead of the Accounts now by Law ^ ^^J^JtocS
directed to be annually prepared and made out for One Year end- instead of 5th

ing January.

a94w

17*&18^ VICTORIJE.

A.D.1854.

Quarterly
Accounts of
Becdptsand
Expenditure of
the United
Kingdom to be
made up to the
End of March,
June, Sep-
tember, and
December, in-
stead of the old
Quarter Days.

10 G. 4. c. 27.

ing on the Fifth Dajof Januaiy in each Tear of the total Income
<^' the United Kingdom, including all the ordinary Revenues and
extraordinary Resources thereof, and of the Income of the said
Consolidated Fund, and of the actual Payments thereout, and of
the ftiture annual Charge upon the said Fund, and of the ncrf P^-
duoe^f all the permanent Taxes of the United Kingdom^ and of
the Arrears and Balances due from all public Accountants, and
of the Expcorts and Imports of tiie United Kingdom, and of the
Shipping registered in or belonging to the sereral Ports of Hef
Majesty's Dominions, and of the public Expenditure of the United
Kingdom, and of the public Funded Debt of the United Kingdoin^
and the Reduction thereof, and of the Unfunded and Outstanding
Debt of the United Kingdom,* and instead of the Account showing^
how the Monies givOn for tho Service of the United Kingdom f&f
the Y^ar pi^eeeding the said Fifth Day of t/a/itiary have been dis-*
posed of, to cause Accounts to be annually prepared and made up
for Ofte Year ending on the Thirty-first Day of Marehy and ini aft
respects with reference to such Day, in> like Manner as if in ih6
Provisions now in force relating to the Preparation and makilig
out of such Accounts the Thirty-first Day of JMvh was scib^
stituted for the Fifth Day of Jahuary; and the said Conj^ais^
sioners shall in each Year cause such Accounts to be hid befi>re
both Houses of Parliament on or before the Thirtieth I^y of
June, it Parliament be sitting, or if Parliament be not sitting then
within Fourteen Days after the next Meeting of Parliament:

III. It shall be lawful for the Commissioners of Her Majesty's
Treasury, at and after such Time as may appear to th^m con-
venient, instead of the Accounts of the actual Reeei^it and Ex-
penditure of the United Kingdom now by Law directed to be
prepared Four Times in the Year, within Thirty Days after the
Fifth Day of AprU, the Fifth Day of Jii/y, the Tenth Day df Od^ber,
and the Fifth Day of Jantiaiy respectively, showing the acttial
Receipt and Expenditure of the United Kingdom in the Foor
Quarters for the whole of the Year immediately preening auch
several quartm*ly D^ys respectivdy, according to the actual Be-
eeipt and Issue of Monies at the Receipt of Her Majesty's £x-»
chequer, to cause like Accounts to be prepared within Tliirty Days
after the Thirty-first Day of Marchy the Thirtieth Day of June^
the Thirtieth Day of September, and the Thirty-first Day of
December in each Year, showing such Receipt and £xpenditui«
in the Four Quarters for the whole 6f the Year ending 6n such
several Inst-mentioned quarterly Days respectively, kbd from and
after the Time at which the said Accounts shall be first made up
to any of such last-mentioned quarterly Days to which su^
Accounts shall be made up, in pursuance of this Act, the Sums bj
the Act of the Tenth Year of King George the Fourth, CHapt^
Twenty-seven, directed to be from Time to Time issued out of the
said Consolidated Fund to the Commissioners for the Reduction
of the National Debt, shall be ascertained according to such
Accounts, as if the last-mentioned quarterly Days had been men-
tioned in the said Act instead of the quarterly Days mentioned
therein, and all other Provisions relating to the Accounts required
to be prepared as aforesaid, and referring to such quarterly Days*
shall be construed in like Manner.

: » IV. It

A-D.MM. I7' & 18* VICTORIA 0-94. 363

IV. It shAll be lawful for the Commissioners of Her Majesty's Aocounts of
Treasaiy, at and after such Time as maj appear to them con* Income and
venienty instead of making up the Accounts of the Income and 9}^"^*?^^
Charge of Ae said Consolidated Fund for the Quarters ending on S^to^'^
the Fifth Day of ^^ the Fifth Day of •Ai/y, the Tenth Day of mad^ up fo Uie
Ottober^ and the Fifth Day of January in each Year, to cause Endof Marph,,
sadi Aocounts to be made up for the Quarters ending on the Thirty-' Jnne^ ^V^J *
first Hky G^ Marehy the Thirtieth Day of «/«»€, the ITiirtieth Day IS^*^!i?V
of September, and the Thirty-first Day of December in each Yeat, JJ^f ^e ol^^
and-finom and after the Time at which the said Accounts shall be Quarter D^ys.
first made up to any of such last-mentioned quarterly Days, in

cas« it appear to the Commissioners of Her Mfgesty's Treasuicy,
upon making up such Accounts for the Quarter ending on any o^
sock quarterly Days in any Year, that the Produce of the said^
Fond is not sufficient to defray the Charges thereupon, including'
such Charges as would fall due on the old quarterly Day then*
next, U shall be lawful* for such Commissioners, from Time to
Time, by Warrant under their Hands, to cause or direct Exchequer
BOls to be made out for the Deficiency, according to the Provisions
of the Act of the Fifty-seventh Year of King George the Third, 57 G. 3. c. 48.
Chapter Forty-eight, and as if the last-mentioned quarterly' Days' ^ ^«
had been mentioned in such Act instead bf the quarterly Days
mentioned therein, and the Provisions of the said Act shall be con-
strued accordingly. • > . 't

V. It shall be lawful for the Commissioners of Her Majesty's Timeg to^hieh
Treasury, at and after such Time as may appear to them con*^^ qparterfy r-^* j
venient, to direct that the quarterly Accounts now made up by ccwmtsweto ^'
the Comptroller-General of the Exchequer, under the Provisions }^ j^^^^ ^p,

of the Twenty-third Section of the Act Fourth fVilliam the Fourth,
Chapter Fifteen, shall be made up to the Termination of the
Quarters ebding Thirty-first March, Thirtieth June, Thirtieth
September, and Thirty-first December in every Year, and that tho
annual Account dhrected by the same Section of the said Act to
be prepared and laid before each House of Parliament, together
with the Certificates required to be furnished by the Principal
Caabi^ of the Bank- of Enghnd of the Sum remaining to the
Credit of the Exchequer, shall be prepared for the Year ending
on the Thirty-first March ; and such Quarterly Accounts shall
thenceforward be transmitted to the Commissioners for auditing
the Public Accounts ; and such annual. Accounts shall be laid
{>efore e4c)i House of Parliament within Ten Days after the Times
fixed for such Purpose by the said Act.

VL It shall be lawful for the Commissioners of Her Majesty's Charges in
Treasury, if and where they see fit, to cause all or any of the said ^^'^^iS^
Charges and Payments described in the said Schedule (B.) now ^Jjenew
payable on any other quarterly Days than the Thirty-first Day of Quarter Dayt.
March, the Thirtieth Day of June, the Thirtieth Day of September,
and the Thirty-first Day of December, to be paid on such last-
named Days, or where any such Charges or Payments are payable
yearly or half-yearly on any other than some of such Days, to
cause the same to be paid on One or Two (as the Case may require)
of such Days as aforesaid ; and where the Days of Payment of
any such Charge or Pajrment are altered as aforesaid the said
Commissioners shall cause such Deduction to be made from the

Payment

364

G94.

17^ & 18« VICT0EI2E.

A.D.1854,

Pees applicable
towards the
Payment of
Charges in
Schedule (B.)
to be carried
to Consolidated
Fund.

Treasury may
make Begula-
tions, &c.

Payment to be made on the first of the substituted Days of Payment
of such Sum as shall be proportionate to the Period by which such
Payment is accelerated.

YIl. Where any of the Charges and Payments described in the
said Schedule (B.) are by Law payable out of or charged upon any
Fees or other casual JReceipts, and are payable out of the said
Consolidated Fund only in the Event and to the Extent of any
Deficiency of such Fees or other casual Receipts, such Fees or
other casual Receipts shall from and after the said First Day
of April One thousand eight hundred and fifty-four, in such
Cases as the Commissioners of the Treasury may think fit and
direct^ cease to be applicable to such Charges or Payments, and
be from Time to Time paid into the Receipt of the Exchequer,
and be carried to and form Part of the said Consolidated Fund, in
which Case the entire Charges shall be provided for out of Monies
to be granted by Parliament ; but until such Fees or other casual
Receipts shall be so paid into the Receipt of the Exchequer, in
pursuance of any Direction of the Commissioners of the Treasury,
the same shall continue applicable to such Charges or Pa3rments,
and such Charges or Payments shall be paid out of Aids or Supplies
to be from Time to Time provided and appropriated by Parliament
only in the Event and to the Extent of any Deficiency in such
Fees or casual Receipts.

Vm. It shall be lawful for the Commissioners of Her Majesty's
Treasury from Time to Time to make such Rules and Regulations
and issue such Orders concerning the Form and Mode of Trans-
mission of Certificates and Vouchers, and otherwise for cheeking,
controlling, and regulating the Payment of the Charges transferred
to the Consolidated Fund by this Act, and for enforcing and regu-
lating the accounting for and duo Payment of the Moneys to be
carried to the Consolidated Fund under this Act, as they may
think fit ; and a Return of any such Rules and Regulations which
may be issued by the Commissioners of Her Majesty's Treasury
shidl be laid before Parliament within Six Weeks from the Date
of the Issue thereof, if Parliament be then sitting, and if not then
sitting, within Six Weeks from the Day of the next ensuing
Meeting of Parliament.

SCHEDULE (A.) ^

Schedule of Salaries, Pensions, Compensations, and other
Payments, charged on the gross Revenues' of Customs, Excise,
and Taxes, under the Acts 7 Anne, cap. 11., 10 Anne, cap. 26.,
60 Geo. 3. cap. 31., and subsequent Acts, to be charged on the
Consolidated Fund.

Salaries of the Lord President of the Court of Session,
the Lord Justice Clerk, and the other Judges of the
Court of Session performing the Duties of the
Courts of Session, Justiciaiy, and Court of Ex-
chequer, and of the Bill Chambers, as fixed by the
Act 2 & 3 Vict. cap. 36. - - - - -

Pensions of the Judges in Scotland, according to the
Scale fixed by the Act 48 Geo. 3. cap. 146. and 2
Will. 4. cap. 64.

A.D.1864.

n^ & 18» VICTOBIJE.

.C.94.

365

Sftlariefl of Sheriffs and Sheriffs Substitute, per Act
16 k 17 Vict cap. 80.

Betiring Allowances to the Sheriffs Substitute, under
the Act 1 & 2 Vict. cap. 1 19. - -

Compensations to various Persons for Loss of Foes and
Annuities granted under the following Acts, viz. : —

49 Geo. 3. cap. 42.

50 G^. 3. cap. 112. - . - - - -

I & 2 Goo. 4. cap. 33. and cap. 39.

4 Gea 4. cap. 97. - - - - -

I I Geo. 4. h 1 Will. 4. cap. 69. ...

1 & 2 Vict. cap. 118.

10 & 11 Vict. cap. 47. and cap. 51. ar.d cap. 67. •

Augmentation of Stipends to Scotch Clergy, under the
Acts 50 Geo. 3. cap. 84. ; 4 Geo. 4. cap. 79. ;
5 Geo. 4. cap. 72. and cap. 90. - - -

Charges upon the Customs Revenue of the Isle of Man,
under the Act 16 & 17 Vict. cap. 107.

SCHEDULE (B.)

Schedule op Salaries and Payments cliargcd under various
Acts of Parliament upon or payable out of the Consolidated
Fund, and the several Branches of the Public Ke venues, to
be provided for by Annual Votes, or otherwise as prescribed
in Clauses 1. and 7.

charged on
C. Fund

Salaries and Contingencies of the Audit
Office, exclusive of tho Salaries of the
Board . - - - -

Salaries and Contingencies of the General
Register Office of Birthity Deaths, and
Marriages, England

Salaries and Contingencies of the General
Register Office of Births, Deaths, and
Marriages, Ireland - - -

Salaries and Contingencies of the Tithe,
Copjhold, and Inclosurc Commission

Salaries and Contingencies of the National
Debt Office . . . .

Salaries and Contingencies of the Public
Works Loan Office, including the Ex-
penses of the Office for West India
Islands Relief ...

Contingent Expenses of the Lunacy Com-
missioners ....

Salaries of Official Referees and Registrar
for Metropolitan Buildings -

46 Geo. 3. c. 141.

6 & 7 Will. 4. c. 86.

7 & 8 Vict. C.81.
6 &7 Will. 4. C.71.
& 15 Vict. c. 53.
& 9 Vict. c. 118.

r6l

4 Geo. 4. c. 19.

5 Vict.(sess.2.)cap.9.
and

2 & 3 Will. 4. c. 125.

8 & 9 Vict c. 100.
7 & 8 Vict. c. 84.

9 Vict. c. 5.

{

S06

a94.

.17« & 18' VICTQRI-ZE.

J^IXUSA.

Now
chanredi
C. Fun^

on
id

Salary of the Registrar of Friendly So-
cieties - - . •

Salary of the General Superintendent of
Turnpike Roads in South Wales

Salary of the Secretary to the Board of
Education in Ireland and Contingencies
of the Board - - - . - -

Allowance in aid of the Royal Irish
Academy, Dublin - * -

Expenses of the Police Courts of the Me-
tropolis, except the Salaries of the
Police Magistrates - -

Expenses of the Mounted Police, River
Police,, and Police Yan Service, and
Superannuation of the -late Horse and
Foot Patrol - . -

Contribution towards defraying the Charge
of maintaining the Police of the Me-
tropolis, and Salaries of the Commis-
sioners of Police - -

Salaries and Contingencies, Queen's Prison

Salary of Clerk of the Patents, Court of
Chancery . • . .

Salary of the Clerk of the Crown, Court
of Chancery - . - -

Salaries of Treasurers of County Courts

Deficiency of Fee Fund of County Courts
to pay Salaries of Officers, and the
Expenses of the said Courts other
than the Salaries of Judges

Expenses of the Crown Office

Expenses of the Registrar's and Marshal's
Office of the High Court of Admiralty

Remuneration to Revising Barristers for
revising Lists of Voters in England
and Wales - . •

Deficiency of the Fee Fund for Payment
of Salaries and Contingencies of Offi-
cers of Court of Queen's Bench, West-
minster, excepting Masters

Deficiency of the Fee Fund for Payment
of Salaries and Contingencies of Offi-
cers of Court of Common Pleas, West-
minster, excepting Masters

Deficiency of Fee Fund for Payment of
Salaries and Contingencies of Officers
of Court of Exchequer, Westminster,
excepting Masters - . . .

r 18 h 14 Vict c; Hi
ll5«fl6Vict c65.

7 hSYict C.91.

53 Geo. 3. c. 107.
3 Geo. 4. c79.

40 Geo 8. c.'60.
.41 Geo. 8. c-32.

}

2 Dt 3 Vict, c 71.

J

2&3 Vict. C.47.

3 &4 Will. 4. c89.
2 & 3 Vict c 47.

6 Vict c 22.

8&4Wm.4. c84.
8&4WiU.4. C.84.
7&8 Vict c77.
15 & 16 Vict C.87.

>9h 10 Vict C.95.

evict C.20."
3^4 Vict C.66.

6 Vict c. 18.

- 1 Vict c30.
^15 & 16 Vict c73.

AJX18M.

J7- ft 18* VICTOEUB.

C.94*

867

Now

Salaries and Allowances of OflScen (ex-
cepting Salarj of Master of the Rolls
and liuisterB in Ordtnary) and Clerks
and Expenses in the Court of Chan-
cery in Ireland, under the Acts

Salaries and Allowances of the Officers
and. Clerks of the Court of Queen's
Bench, Ireland, excepting Masters -

Salaries and Allowances of the Officers
and Clerks of the Court of Common
Pleas^ Ireland, excepting Masters

Salaries and Allowances of the Officers
and Clerk3 of the Court of Exchequer,
Ireland, exceptnig Masters •

Salaries of Taxing Officers in Common
Law Business, and of Clerks to the
same in Ireland . • •

Salary of Clerk to the Court of Errors,
Ireland . - - .

Salaries and Contingent Expenses of the
Insolvent Debtors Court, Ireland, ex-
cept Salaries of Commissionera

Salaries of Registrars to the Judges,
Ireland . . - -

Salaries of Marshals, Chaplains, Medical
Officers ; Repairs and Expenses of the
Four Courts, Marshalsea, Ireland

Salaries of Justices of Police (Commis-
sioners), Dublin ...

Pay, Superannuations, and all other Ex-
penses of the Constabulary Police in
Ireland - -

Office of Clerk of Writs and Appearances
and Seal Expenses (Dublin)

Registrar of Judgments, Oflice of (Dublin)

Expenses of Judges attending adjourned
Assizes (Ireland), saving and except
the Salaries and Remunerations to the
Judges and Crown Lawyers acting
judicially and presiding or serving at
adjourned Assizes . . -

Expensei of Judges attending Special
Commissions (Ireland), saving and ex-
cept the Salaries and Remunerations
to the Judges and Crown Lawyers
acting judicially and presiding or
serving at Special Commissions

Lodging Money for Judges at Assizes
(Ireland) - - - -

County Infirmaries, Ireland

'4 Geo. 4. ic. 61.

6 Geo. 4. c. 30.
'4 & 5 Wai. 4..C. 78.

11 * 12 Vict c. 132,

7«f8Vi<|tc.l07.

7fc8Vicitc. 107.

7 fc 8 Vidt c- 107.

\7&8Viot.c. 107.
r 1 & 2 Geo. 4. c. 53.

}

40 Geo. 3. c. 39.

1 & 2 Geo. 4. c. 69.
3 Geo. 4. c. 124.

|l&2Gep.4.c.64.

7 Geo. 4. c. 70.
7 Geo. 4. c. 74.
50 Geo. 3. c. 103.

► 6 & 7 Will. 4. c. 29.

9 & 10 Vict. c. 97.
lO&llVictc. 100.

7&8 Vict. c. 107.
13 & 14 Vict. c. 18.
7 & 8 Vict. c. 90.
. 13 & 14 Vict. c. 74.

36 Geo. 3. c. 26. &
40 Geo. 3. c. 69.

Irish.

41 G. 3. c. 88.
5 G. 3. c. 20.

368

C.94.

17-&18«VICTORLE.

A;D.lg54.

Koir
cliargedon
C. Fund.

Customs

and
Excise

Customs

Customs &

Excise

Customs

Ditto

Excise

Ditto

Ditto
Taxes

Post Office
Customs

Inland

Eevenuo

Post Office

Bounty on Slaves, and Tonnage of Slave
Vessels - . - -

Salaries and Allowances, and Expenses
of the Officers, Clerks, and others of
the several Courts of Law in Scotland.
Salaries of Her Majesty's Advocate,
Her Majesty's Solicitor, Keeper of the
Register of Homings and Abbreviates
of Adjudications, Deputy Clerk Regis-
trar, and other Salaries, Allowances
and Expenses payable out of the Reve-
nues of Customs and Excise, and not
placed on Consolidated Fund in Sche-
dule A. - - - -

Her Majesty's Allowance for the Register
House, Edinbur<2:h - - -

Salaries of the Lion King-at-Arms, Heralds
and Pursuivants ...

Expenses of Judges and Officers of the
Circuits of the Justiciary and Jury
Courts - - - -

Expenses of extra Advocates Depute,
Clerks and Macers on Circuit

Difference between Dues on British and
Foreign Vessels under Treaties of Re-
ciprocity . - - ♦

Treasurers of Counties for Corn Returns,
Salaries of Inspectors, and Expenses

Expenses of Quarantine

Expenses of carrying out the Merchant
Seamen and Mercantile Marine Act:^

The Commissioners of White Herrinj
Fishery Board, 8cc., and for Repair of
Pieri«, Quays, and Boats - ••

Ditto for improving Fisheries and Manu*
facture.^ - - - -

Salaries to Process-servers, Ireland

Commissioners Highland Roads and
Bridges - . . .

Expenses of Milford Road Fund

Charges of Collection and Management of
the Revenue of Customs
Ditto ditto „ „

of Inland Revenue - - .

Ditto ditto „ „

of Post Office . - -

1 WiU. 4. c. 55.
l&2Vict.a47.

7 Anne, c. 11.
> 10 Anne, c. 26. and
subsequent Acts.

}

59 Geo. 3. c 54.
}5 Vict (8-2.) c 14.

7 & 8. Vict. c. 112.

5 Geo. 4. c. 64.

oGeo. I.e. 20.
7 Geo. 4. c. 36.

59 Geo 3. c. 35.

6 Will. 4. c. 25.

>■ Various Acts.

CAP.

A.D.1854. 17** & 18* VICTORIJE. C.95. S69

CAP. XCV.

An Act to make better Provision for the Administration of
the Laws relating to the Public Health.

[10th Auffust 1854.]

« \ V HEREAS by the Act of the Session holden in the Eleventh

* ^ ^ and Twelfth Years of Her Majesty, Chapter Sixty-three, ii & 12 Vict

* -** for promoting the Public Health," a Board was constituted for

* superintending the Execution of that Act, to be called " The

* General Board of Health," and it was thereby provided that

* the said Board should bo continued only for Five Years next
' jiftcr the passing of that Act, and thenceforth until the End of
' the then next Session of Parliament ; and by the said Act the
' «aid Board were authorized, with the Approval of the Com-

* missioners of the Treasury, to appoint a Secretary and such

* Clerks and Servants and so many Superintending Inspectors as
' they might deem necessary for the Purposes of the said Act,

* every Person so appointed to be remov^le at the Pleasure of

' the said Board : And whereas under the Metropolitan Inter- i3 & u Vict
' ments Act, 1850, an additional Member of the said Board was c. 52.

* appointed, and by an Act of the Session holden in the Fifteenth 15 ^ jg yict

* and Sxteenth Years of Her Majesty, Chapter Eighty-five, Her c. 85.

* Majesty was authorized to continue the Appointment of the said

* additional Member during the Continuance of the said Board :

* And whereas by certain other Acts certain Powers and Duties
' are vested in the General Board of Health : And whereas it is

* expedient that the General Board of Health should be recon-

* stituted :' Be it enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

L On the passing of this Act so much of the said Act for General Board
promoting the Public Health as provides what Persons shall con- of Health and
stitnte the General Board of Health, and Limits the Duration of Appwntmcnt
such Board, and so much of the same Act as relates to Appoint- ?^ • ^
ments by such Board, and so much of any other Act as autho-
rises the Appointment of an additional Member of such Board,
sfaaU be repealed, and the General Board of Health, as constituted
by the said Act for promoting the Public Health, and all Appoint-
ments of Members thereof, and all Appointments made by such
Board under the Authority of the said Act, shall, save as herein-
after otherwise provided, cease and determine.

XL It shall be lawful for Her Majesty from Time to Time, by Constitntion
Warrant under the Royal Sign Manual, to appoint a Person to b^ of General
during Her Majesty's Pleasure, President of the General Board of ^*ji®^
Health under this Act, and such President and Her Majesty's ^ '
Principal Secretaries of State for the Time being, and the Presi-
dent and Vice President for the Time being of the Committee of
Council appointed for the Consideration of Matters relating to
Trade and Foreign Plantations, shall constitute and be the General
Board of Health, and during any Vacancy in the said Board the
continuing Members thereof may act as if no Vacancy had oc-
curred ; provided, that the said Board of Health shall be continued

17 & 18 Vict. B b only

370

C.95.

17° & 18 » YICTOBJJBL

A.D.1854;

Salary of
President.

President may
sit in House
of Commons.
Board to ap-
point Officers.

Treasury to fix
Salaries of
OfBjcersand
Allowances to
Superintending
Inqpeotors-

AU Powers,
&c. Tested in
Board may be
exercised by
^e President
or any Two
Members.

Transfer of
Powers and
Duties of
Board of Health
to such Board
as constituted
by this Act

Inquiries, &e.
may becom«
pleted.

only for One Year next after the Day of the passing of this Act,
and thenceforth until the End of tiie then next Session of Parlia-
ment, and no longer.

in. There shall be paid to the President of the General Board
of Health under this Act such Salary, not exceeding Two thou-
sand Pounds per Annum^ as shall be from Time lo Time ap-
pointed by the Commissioners of Her Majesty's Treasury, but no
Salary shall be paid to any other Member of the said Board ; and
such President shall be capable of being elected, and of sitting
and voting as a Member of the House of Commons.

lY. It shall be lawful for the said General Board of Health to
appoint from Time to Time a Secretary and Assistant Secretary,
and such Clerks and Officers of the said Board, and also so many
Superintending Inspectors under such Board, as the Commis-
sioners of Her Majesty's Treasury may think fit ; and any such
Secretary, Assistant Secretary, Clerk, or Officer, and any such
Superintending Inspector, may be removed by the said Board.

V. There shall be paid to the said Secretary, Assistant Secre-
tary, Clerks, Officers, and Supenntending Inspectors such Salaries
as shall from Time to Time be appointed by the Commissioners'
of Her Majesty's Treasury : Provided always, that the Com
missioners of Her Majesty's Treasury may allow to any Super-
intending Inspector such reasonable Travelling and otlier Expenses
as nay be incurred by him in the Performance of the Duties cihis-
Office, in addition to his Salary.

VI. All Powers and Duties by this Act vested in the General*
Board of Health constituted under this Act, or which may be*
hereafter vested in such Board, may be exercised and performed
by the President for the Time being of such Board alone or by
any Two or more Members thereof; and all Documents or Copies
of Documents purporting to proceed from such Board, and to be
signed by the President or any Two or more of the Members of
such Board, and to be sealed or stamped with the Seal of tiie
General Board of Health, shall be received as primd faeWEiyi--
dence in all Courts or Places whatsoever.

VII. All the Powers and Duties vested in the General Board
of Health under the said Act for promoting the Public Health,
or any other Act, shall on the passing of this Act become trans-
ferred to and vested in the General Board of Health as con-
stituted under this Act; and every Superintending Inspector
appointed under this Act shall have all the Powers, Duties, and
Liabilities vested in or imposed upon any Superintending In-
spector under the said Act for promoting the Public Health ; and
ail Provisions in any Act of Parliament and in any Order of the
General Board of Health, and all Instruments whatever in which
the Greneral Board of Health, or the Secretary, or a Super-
intending Inspector, or any other Officer of such Board is men-
tioned or referred to, shall, so far as may not be inconsistent with
the Provisions of this Act> be construed as referring to the
General Board of Health as constituted under this Act, or to the
Secretary, or a Superintending Inspector, or such other Officer of
such Board.

YIIL All Inquiries and Proceedings, Matters and Things^
commenced by or under the Authority of the Board hereby S%^

termined^

A.D.1854. 17^ & 18" VICTORIiE. C.95, 96. 371

termiBcJ, may be coinplet/id by and under the Authority of the
Board coustituted by this Act.

IX. It shall be lawful for the Commissiooers of Her Majesty's treasury may
Treasury to grant to One of the Members of the General Board pant a Itetir-
of Health constituted by the said Act for promoting the Public ^^ Allowance.
Health such Compensation or Superannuation or Retiring Allow-

anoe, not exceeding One thousand Founds per Annum, as the said
Commissioners may deem just and proper to be awarded.

X. All Salaries payable under this Act, and all incidental As to Payment
Expenses of the said Board constituted by this Act, and all Com* of Salaries, &c.
pensatioQs and Allowances granted under this Act, shall be paid

out of such Monies as shall be provided by Parliament.

CAP. XCVL

An Act for allowing Gold Ware^ to be manufactured at a
lower Standard than that now allowed by Law, and to
smend the Law relating to the assaying of Qold and Silver
Wares. [iOth Auffust 1854.]

' IITHEREAS it is expedient that Gold of Standards inferior
' *^ to those now allowed by Law should be permitted to be
' used in Manufactures of Gold, and that Provision should be
' made for authorizing such lower Standards :' Be it therefore
enacted by the Queen*s most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the Au*
tbority of the same, as follows :

L It shall be lawful for Her Majesty, by any Order or Qrders Her Majesty
to be from Time to Time made by and with the Advice of Her may, by Order
Privy Council, to order that any Gold Vessel, Plate, or Manu- ^^«ncil,
facture of Gold may be wrought of any Standard not being less ^JI^A^f^m
than One Third Part in the whole of Fine Gold, to be declared in Qold Warea
any such Order, and also to approve thereby of the Listrument not less than
with which Gold Vessels, Plat^ and Manufactures of Gold shall One Third
be marked or stamped, setting forth in Figures the actual Fineness ^^ ^ ^^®
thereof, according to the Standard so declared ; and every such ^"®**'
Gold Vessel, Plate, and Manufacture of Gold may be wrought
Mcordingly ; and it shall be lawful for Her Majesty, by and with
the Advice aforesaid, to revoke or alter from Time to Time any.
SBch Order as aforesaid.

n. Workers or Dealers in Gold or Silver may register their Qold and Silver
Karnes, Marks, and Places of Abode at any Assay Office or Offices Wares may be
established by Law which they may select, and may thereupon f*^^?^A** ^^
have the Wares which are manufactured by them assayed and office whei^r
marked at such Office or Offices, without being liable to any For- nianu&ctored.
feiture or Penalty imposed by any Act now in force for not
roistering their Names, Marks, or Places of Abode, or for
making, selling, or exporting such Wares without being marked
at a particular Assay Office, and the Wares which shall be assayed
as aforesaid may be sold or exposed by any Person without being
liable to any Forfeiture or Penalty, notwithstanding any Pro-
vision to the contrary in any Act now in force.

B b 2 m. II

372

C.96.

!?• & 18° VICTORIiE.

A.D.1854.

Gold Wares
unnecessarily
marked not
liable to Duty
on Gold Plate.

Provisions of
existing Acts
to be applicable
to the new
Standard.

Penalty for
marking Gold
Ware of a
lower Standard
with the Mark
appropriated
to a higher
Standaord.

m. If any of the Gold Wares which by any Statute now in
force are not liable to be assayed and marked shall nevertheless
be assayed and marked as of One of the Standards authorized by
Law, such Wares shall not by reason thereof be chargeable with
the Duty now levied upon Gold Plate.

rV. Nothing in this Act contained shall be deemed or taken
to repeal the Statutes now in force relating to Standards of Gold
Wares, or to the Marks for denoting the same, or any of such
Statutes, but the same, and all the Provisions, Prohibitions,
Penalties, and Forfeitures enacted thereby respectively, shall con-
tinue to be in as full Force and Effect as if this Act had not
passed, and shall be construed with and as forming Part of tliis
Act, save only that in the Interpretation thereof all Standards
authorized by Her Majesty in pursuance of this Act shall be
deemed and taken to be lawful Standards ; and all Gold Vessels,
Plate, and Manufactures wrought in conformity with this Act
shall be deemed and taken to be lawfully wrought within the
Meaning of the said Statutes ; and all Gold Vessels, Plate, and
Manufactures duly assayed and marked in conformity with this
Act, and being of the Standard duly authorized in pursuance of
the same, shall be deemed and taken to be lawfully assayed and
marked within the Meaning of the same Statutes respectively.

V. If any Assayer or other Officer or Person employed by anv
Company or Corporation authorized to assay and mark Gold
Vessels, Plate, or Manufactures of Gold, shall mark or permit or
suffer to be marked any Gold Vessel, Plate, or Manufacture of
Gold of a lower Standard, with any Die or other Instrument used
by any such Company or Corporation for marking Gold Vessels,
Plate, or Manufactures of Gold of a higher Standard, every such
Company or Corporation to which such Assayer or Officer shall
belong or by which such Person shall be employed, shall for every
such Offence forfeit and pay to Her Majesty the Sum of Twentj
Pounds, which may be sued for and recovered in such and the
like Manner as Penalties recoverable under any Act in force
relating to Stamp Duties are to bo sued for and recovered by
Law ; and every such Assayer or other Officer or Person employed
as aforesaid, upon Complaint or Information made thereof by any
Officer of Stamp Duties to any Justice of the Peace having Juris-
diction where any such Offence shall be committed, upon the Oath
of One or more credible Person or Persons (which Oath such
Justice is hereby empowered and required to administer), and
upon being convicted of such Offence by or before such Justice,
shall be by him forthwith dismissed and discharged from his said
Office and Employment of or in the Company or Corporation to
or in which he shall have so belonged or been so employed as
aforesaid, and shall be incapable for ever afterwards of holding
any Office or Employment in or under the same or any other such
Company or Corporation ; and every Gold Vessel, Plate, and
Manufacture of Gold of a lower Standard, so marked as last
aforesaid, shall and may be lawfully seized by any such Company
or Corporation other than the Company or Corporation to which
the offending Officer or Person belongs, or by whom he is em-
ployed, and shall be dealt with in like Manner as is provided with

respect

A.D.1854. W & 18* VICTORIiE. C. 96, 97. 37a

Teapeci to Wares seized by virtue of the Provisions of the Act of
the Seventh and Eighth Years of the Reign of Her present
Majesty^ Chapter Twenty-two.

CAR XCVII.

An Act to amend and extend the Acts for the Inclosure,
Exchange, and Improvement of Land.

[10th Auffust 1854.]

' WHEREAS it is expedient that **The Acts for the In-
* ^^ closure. Exchange, and Improvement of Land" should
' be amended and further extended : ' Be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the same,
aa follows :

L The Provisions of the said Acts with respect to the Ex- Lands sabject
change and Partition of Land not subject to be inclosed under ^ ^ inclosed
•ach Acts, or of Land subject to be inclosed under such Acts ™y ^1/^'
as to which no Proceedings for an Inclosure shall be pending, ^ "^'
shall extend and be applicable to Land subject to be inclosed
under such Acts whilst Proceedings for an Inclosure shall be
pending.

IL Undivided Shares in any Land or other Subject Matter Undivided
of Exchange may be exchanged under the Provisions of the said Shares may be
Acts, upon the Application of the Person interested under the exchanged.
Provisions of the said Acts in respect of such undivided Shares.

III. The Word " Land " shall extend to and include incorporeal Land to include
as well as corporeal Hereditaments, and any undivided Share incorporeal
thereof. Hereditaments.

IV. Where any Land or Hereditaments shall have been leased Lessee the
for a Term which shall have exceeded One hundred Years from " Person inte-
tbe Commencement tliereof, and it shall be shown to the Satis- nested" m
faction of the Commissioners that no Rent or Acknowledgment ^^^^^ ^^^
has been paid or given for the Period of Twenty Years, or that

the Person entitled to the Rent reserved upon such Lease cannot,
upon reasonable Inquiry, be ascertained, the Person in the actual
Possession or Enjoyment of such Land or Hereditaments, or in the
actual Receipt of the Rents and Profits thereof as Owner of such
Term, shall be and be deemed to be the Person interested within
the Provisions of the said Acts.

V. It shall be lawful for the Commissioners, on the Application Orders of Ex-
in Writing of the Parties in possession of any Lands, Tenements, chauge,&c. may
or Hereditaments, under any Agreement for the Exchange, Par- he made upon
tition, or Division of the same or any of them, to proceed with ^^^^^ ^^
such Exchange, Partition, or Division, under the Provisions of geggio^underln
the said Acts ; and such Application, and Order thereon, shall agreement.

be as valid and effectual as if the Parties making such Applica-
tion had been the Parties interested under the Provisions of the
said Acts.

VI. The Time limited by the said Acts for making an Applica- Extending
tion for the Conversion of Land which shall be directed to be Time for Ap-
inclosed under the said Acta^ or any Part thereofjinto a regulated plication for

B b 3 Pasture,

374

C.97.

17** & 18« VICTORtJE.

A-D.1854.

Conversion of
Land to be
indoted, &c

Extendioff
Time for jEd-
rolment of

Actor Local

Act

Tenure of
Allotments in
respect of
Bights.

Pasture, shall be extended to any Time before tbe Beport of the
Valuer has been sent to the Office of the Commissioners, although
Instructions to the Valuer under their Seal may have been deli-
vered to him.

Vn. Where an Award under the Act of the Seventh Year of
His late Majesty King WUltam ihe Fourth, intituled An Act far
A ank d facilitating the Irielosure of Open and Arable Fields m England and
COTunon'Fi^ Wales, or under any Local Act of Inclosure, shall not have been
duly enrolled witlhin the Time limited in that Behalf, it shall be
lawful for the Commissioners, if they shall think fit, upon the
Application in Writing of any Person interested in the Land to
Which such Award shall relate, and upon its being shown to the
said Commissioners that such Award has been acted upon by the
Parties interested thereunder, by bH Ordet under their Hands and
Seal to extend the Time for such Enrolment to such Period as their
shall think fit, and the Enrolment of any such Award within sn^
extended Time shall have the same Force and Effect as if the
same had been enrolled within the Time limited in that Behidf.

Vni. Whereas it is enacted by the first of the said Acts, that
is to say, the Act of the Session holden in the Eighth and Ninth
Y^ars of Her Majesty, Chapter One hundred and eighteen, that
an such Land as shall be taken in Exchange or on Partition, or
be allotted, shili be held by the Person to whom it shall be given
in Exchange or on Partition, or allotted, under the same Tenures,
Bents, Customs, and Services as the Land in respect of which
such Land shall have been given in Ex<ihange or on P&rtition, or
allotted, would have been held in case no such Exchange, Parti*
tion, or Inclosure had been made, and Doubts have arisen whether
Land taken in Exchange or on Partition, or allotted, in respect
of •* Bights," will follow the Tenure of such Bights :'

The Word *<Land" in such recited Enactment shall include
and be deemed to have included ^ Bights."

IX. Whenever it shall appear to the Commissioners that any
public Beads or Driftways set out by the Valuer in the Matter of
any Inclosure are of such a Nature or so situate that it is not
necessary, for Public Convenience, that the same should be fenced,
or made of hard Materials, and certified by Two Justices, the
Commissioners may, by any Order under their Hands and Seal,
certify that the said Koads or Driftways are sufficiently formed,
having Beference to the Nature or Situation thereof ; and su^h
Beads shall thenceforth be kept in repair by such Persons and in
such Manner as like public Beads within the said Parish are or
ought by Law to be Kept in repair ; but such last-mentioned
Persons shall not by such Obligation to repair be liable to convert
the said Beads so set out into fenced Beads, or into Beads made of
hard Materials.

X. In all Cases where any Lands or Hereditaments are charged
with any Fee-farm Bent, Kent Seek, Bent of Assize, or Chief
Bent, or other annual or periodical fixed Bent, or other certain
Payment, any Persons respectively interested, according to the
Provisions of the said Acts, in such Lands, and in the said Bent
or other certain Payment as aforesaid issuing therefrom, may
make Application in Writing to the said Commissioners to appor-
tion the said Bent or other fixed Payment among all the Lands

charged

Fendng and
making Hoads
dispensed with,
in certain
Oases.

Apportionment
of Fee-£mn
Rents, &C.

A.D.1854. .17** & 18« VICTORIA .0.97. »75

t^harged with the Pajment thereof, and the C<Nnmi38icmen, upon
Receipt of such Application, shall, hj themselves, or by an * '
A^iatant Commissioner, or other Person to be by them appointed
for that Purpose, make Inquiry, and satisfy themselves as to the
Expediency of such Apportionment : Provided always, that if in
any Case there shall be any Doubt aa to the Extent, Identity, or
Boundaries of the Lands and Hereditaments charged with any
such Bent or Payment, the Commissioners, Assistant Commis-
sioner, or other Person appointed by them as aforesaid shall inquire
into and ascertain such Extent^ Identity, or Boundaries.

XI. If the said Commissioners, after Inquiry made, shall be Order of Ap-
satlsfied of the Expediency of such Apportionment, they may and portioniiiflttt
they are hereby empowered, by an Order under their Hands and

Seid, to apportion such Rent or other fixed Payndent among all

\be Lands charged with the Payment thereof, and also, ^mkere

necessary, to determine the Extent, Identity, and Boundaries of

the Land and Hereditaments chained with such Rent or Payment;

provided, that any specific Portion may, upon the Application of Order to deter-

the Person interested in such Lands, be charged and apportioned mine Boon-

upon any Close or Closes or other Part of the Estate in respect of ^""^^

Which the siiid Portion of Rents or other fixed Payment was i^-

jportioned, so that in the Judgment of the said Commissioners such

I^u^ of the Estate be of not less than Six Times the annual Value

of the Sum so charged thereupon.

XII. From and after the Confirmation of such Order by the Confirmation of
said Commissioners, the Lands out of which the said Rent or Order,
other fixed Payment as aforesaid issued shall be chargeable ift

respect thereof only in the Manner and to the Extent directed
and set forth in the said Order.

XIIL And from and after the Confirmation of the said Order Recovery of
the Owner for the Time being of the said Rent or other fixed apportioned
Payment as aforesaid, so far as the same has been apportioned '^"^^'^^
apon the Lands of Persons interested and making Application as
aforesaid, shall have all such Rights and Remedies for the Re-
covery of the apportioned Parts of such Rent or other fixed Payr
ment as against the Portions of Land severally charged therewith
respectively as sach Owner would have had for the Recovery of
such Bent or fixed Payment as against the Lands originally charged
therewith in case no such Order had been made.

XI Y. ThO' Persons making such Application as aforesaid shall Expenses at>
pay the Expenses incident to such Apportionment in such Pro- tending Ap-
portions and to such Amount as the Commissioners .shall certify portionment.
in that Behalf; and the Commissioners, or any Person authorized
by them for that Purpose, may take all such Proceedings and have
all such Remedies for the Recovery of such Expenses as they, or
the Vainer acting in the Matter of any Inclosure, now have or
may at any Time hereafter by Law have for the Recovery of the
Expenses of or incident to any Inclosure under the Powers of the
said recited Act.

XV. Where any Money shaU have been or may hereafter be Application of
paid to a Committee under " The Lands Clauses Consolidation Compensation
Act, 1845J* or under any Railway or other Special Act by which ^f Common

Bb4 Money »Wi^P«^

376 C. 97, 17* & 18 " VICTORLaB. AJD. 1854.

under Money may have been directed or authorised to be paid to a Com-

8 & 9 Vict. mittee as Compensation for the Extinction of Commonable or
^' ^^' other Rights, or for Lands, being Common Lands or in the I^atarc

thereof, the Right to the Soil of which may have belonged to the
Commoners, and the Majority of such Committee shall be of opinion
that the Provisions of such Act for the Apportionment thereof
cannot be satisfactorily carried into effect, such Miydnty may
make Application in Writing to the Commissioners to call a
Meeting of the Persons interested in such Compensation Money,
to determine whether or not such Compensation Money shall be
apportioned under the Provisions of this Act.
Money to be X VL If the Migority in Number and Interest shall resolve that

^fEn^lM^"^ such Compensation Money shall bo apportioned, the Amount of
^ ' such Compensation Money shall be forthwith paid into the Bank
of England^ to the Credit of an Account to be named by the In*
closure Commissioners for England and Wales; and the said Com-
mittee shall be absolutely discharged from all Liability in respect
of such Compensation Money, upon Payment thereof into the
Bank of England as herein-before directed.
Interest to be XVIL As soon as the said Monies shall have been paid into

ascertained by ^^^ Bank as aforesaid, the said Inclosure Commissioners, or any
Assistant Commissioner appointed or to be appointed' by them for
that Purpose, shall proceed to ascertain, determine, and award the
Names of the Parties who were entitled to such Estates, Rights,
and Interests in the said Common and Commonable Lands, and
the Amount or Value of their respective Shares, Rights, and
Interests therein, and the proportionate Amount of the Price so to
be paid as aforesaid for such Estates, Rights, and Interests to which
each Party so entitled as aforesaid is entitled, in respect of his
Share, Right, or Interest as aforesaid; and the Award of the Com-
missioners under their Common Seal, or Assistant Commissioner
in Writing under his Hand and Seal, shall be binding on all Parties
claiming such Estates, Rights, and Interests as aforesaid; and for
the Purpose of ascertaining the Rights and Interests of such
Parties as aforesaid it shall be lawful for the said Inclosure Com-
missioners or Assistant Commissioner to call such Meetings as
they or he shall think fit of all Persons having or claiming any
such Rights or Interests in the said Common and Commonable
Lands as aforesaid, at such Time and Place as the said Commis-
sioners or Assistant Commissioner shall think fit, so as the same
shall be appointed by a public Notice thereof in Writing to be
affixed at least Twelve Days before such Meeting on the principal
outer Door of the Parish Church in which such Land or any Part
is situate ; and to be inserted in One of the public Newspapers
published or generally circulated in the County in which such
Land is situate ; and at such Meeting the said Commissioners or
Assistant Commissioner do and shall proceed to examine into and
ascertain all and every the Claims which shall be made or put
forward in respect of any such Rights or Interests as aforesaid,
and the relative and proportionate Value of the Estates, Rights^
and Interests of any Person or Persons claiming to be entitled
thereto, and for that Purpose do and may employ any Valuer or
Surveyor, and call for and receive such Records, Deeds, and

- - Writings,

AJ0.16S4. 17*&18*VICTOKIJE. C.97. 377

WritingSy ftocl such other Proof or Evidence, as the said Commis-
sioners or Assistant Commissioner maj think fit; and thej and he
are and is hereby authorized and required to take the Testimony
of anj Witnesses upon Oath (which Oath they and he are and is
reapeetively hereby empowered to administer), or to take the
Affirmation of sueh Witnesses in Cases where Affirmation is
allowed by Law instead of Oath.

XVin. All the Costs and Expenses of the said Indosnre Com- ^g lo the Fky-
missioners and Assistant Commissioner, and of any Valuer or Sur- ment of Costs
Teyor employed by them or him under the Provisions herein-before of Inclosore
contained, shall, in the first place, be paid out of such Compensa- CommiMi^erB,
tion Monies, and the Residue of the said Monies shall be paid and J^^^*^^
divided between and amongst the said several Parties to be named Monies,
in the said Award, and in the Shares and Proportions to be ascer-
tained and set forth in such Award.

XIX. When it shall appear to the Commissioners or Assistant Compensation
Commissioner that any of the Parties entitled to such Bights or for Imiited
Interests are only entitled thereto for a limited Interest, then it Interests to be
shall be lawful for them or him, by their or his Award, to direct ^ ^ '^^^^'
that the Monies to be paid in respect of such Right or Interest,

where the same shall exceed Twenty Pounds, shall be paid to the
Trustees acting under the Will, Conveyance, or Settlement under
which such Person having such limited Interest shall be interested
in such Rights or Interests, and where there arc no Trustees then
into the Hands of Trustees to be appointed under the Hands and
Seal of the Commissioners, to be held by them on Trusts similar
to the Uses or Trusts to which such Rights or Interests had been
immediately before the Payment of such Monies into the Bank
subject to, or as near thereto as the said Commissioners or Assistant
Commissioner can ascertain ; and the Receipts of any Trustees to
whom any such Monies shall be paid as aforesaid shall be good
and sufficient Discharges for the same : Provided always, that the
Payment of all such Sums shall from Time to Time be subject to
such Rules and Regulations, for the Purpose of ensuring the Pay-
ment thereof to the Person or Persons duly entitled to receive the
same, as the said Commissioners shall by any Order direct.

XX. In all Cases where the Sum payable by virtue of such As to Sums '
Award, in respect of any £state, Right, or Interest, shall not payable in re-
exceed Twenty Pounds, and the Person entitled to such Estate, «pectof I^ds
Bight, or Interest shall be under any Disability or Incapacity, ^J* exceeding
such Sum shall and may be paid to the Guardian, Committee,

or Husband of such Person ; and where any such Person shall
have a limited Interest only in such Estate, Right, or Interest, the
whole of such Sum shall and may, nevertheless, be paid to the
Person having such limited Interest, to his or her Guardian, Com-
mittee, or Husband, as the Case may be.

XXI. This Act shall be taken to be a Part of the said Acts, Act deemed
and shall be construed therewith, and be deemed to be included Part of ** The
under any Reference to " The Acts for the Inclosure, Exchange, ^^ ^^' *^f
and Improvement of Land." SS^

CAP.

B7S C. 98,99. 17° & 18° VICTOEIJE. . A.R 1854.

CAP. XCVIII-

An Act to regulate the Salaries of the Parochial School-
. masters of Scotland, [10th August 1854.]

' W HERE AS an Act was passed in the Forty-third Year -of
43 a. 3. c 54. < V ? the Reign of His Mi^estjr King Gwrge the Third, inti*

* taled An Act for making better Ptavukm for the Parochial
^ Schoolmasters^ and for making further Begutations for the better
■* Government of the Parish Schools in Scotland, whereby Pro-

* vision is made for ascertaining the Amount of the Schoolmasters'

* Salaries; according to the average Amount of the Fiars Prices
^ of Oatmeal in the several Counties and Stewartries, and for
' re-ascertaining the Amount of such Salaries at the End of evexy

* Period of Twenty-five Years, according to the average Amount
^ of the Fiars Prices to be ascertained as aforesaid ; And whereas
' the average Price of a Chalder of Oatmeal, according to such
^ Fiars Prices, was upon the Twenty-seventh Day of November

* One thousand eight hundred and twenty-eight struck by .the
' ^ Barons of Exchequer at Seventeen Pounds Two Shillings and

^ Twopence and one Farthing, and such Average expired, ac-

* cording to the said recited Act, as at the Term of Martinmas
' One tliousand eight hundred and fifty *three : * Be it enacted by
the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same, as follows :

Avenge ttnick L The Salaries of the said Schoolmasters shall continue and
in isss to be paid, according to the said average Amount of the Fiars
^^ °" Prices of Oatmeal so struck in the Year One thousand eight
isss.*™" hundred and twenty-eight, from the Term of Martinmas Oia©
thousand eight hundred and fifty-three, till the Term of Martina-
mas One thousand eight hundred and fifty-five, both incluslye,
as if such Average had not expired at the Term of Martinmds
One thousand eight hundred and fifty-three, but had endured to
the Term of Martinmas One thousand eight hundred and fifty-
five, and such Schoolmasters shall have all such Bights and
Remedies in respect of such Salaries as they had prior to the said
Term of Martinmas One thousand eight hundred and fiflfcy-thi>ee.
Kedted Act H. So far as not inconsistent witi^ this Act, the said recited

continued. jy^^t shall continue in full Force and Effect : Provided always,

that the Rights conferred on such Schoolmasters by this Act
shall not be diminished or affected by any Meetings or Resolutions
of Heritors held or passed since the said T^rm of Martinmas One
thousand eight hundred and fifty-three.

CAP. XCIX.

An Act to provide for the Establishment of a National
Gallery of Paintings, Sculpture, and the Fine Arts, for
the Care of a Public Library, and the Erection of a Public
Museum, in Dublin. [10th August 1854,]

' W^^^^*^^ ^^ ^^ expedient to establish a National Gallery
< ^ ▼ of Paintings, Sculpture, and the Fine Arts in Ireland .*

* And whereas it is also expedient to render Archbishop Marsh*9

Libraiy

A.D. 1854* 17« & IS** VICTORIJK. 0.99; 379

* Library more conTeniently accessible than it now is to the In*-

* habitants of Dvblin: And whereab at the Close of the Great

* Industrial Exhibition of 1853 in Dublin a Subscription was

* entered into bj several Individuals, both in Great Briiain and

* Ireiand, for the Purpose of commemorating the eminent public

* Services of WUHam Dargan Esquire in founding and sustaining
' that Exhibition : And whereas the Royal Dubiin Society for the
' Promotion of Husbandry and other useAil Arts in Ireland is

* desirous of erecting a Public Museum for the Purposes of
' that Society:' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual und Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same^ as
follows :

L That Franeie WUHam Ekrl o£ Ckarlemanty Richard Gr^th Bmlding Tnu-
Esquire, (reorge Roe l£a(\pxte^ Th&nuu Aitkew Zcifcom Esquire, tees appointed
and Thomas Button Esquire, together with such Person and and empowered
Pemns as the Lord Lieutenant by Warrant under his Hand ^ ^^t
may from Time td Time appoint, shall be and they are hereby ^d^SLtirai.
constituted Trustees of the Building next herein-after mentioned ;
and that it shall be lawflil for the said Trustees and all o^er the
IVn^tees' of the said Building for .the Time being (herein-after
called the Building Trustees) to receive such Sums of Money as
may be su'bscrib^ given, or contributed, or may from any Source ^ *

become aviulable, for the Purpose of erecting a suitable Building
in DubUn to be devoted in part to the fit Acconmiodation of a
National OaOerj of Paintings, Sculpture, and the Fine Arts, and
t1« Remainder to the Reception of a Public Library.

IL ' It shall be lawful for the said lYustees or other the Trustees Trustees eu* '
for tiie Time being of the said Building to take and hold, by powered to lay
BBETcfaase, Lease, or otherwise^ Ground in Dublin proper for the «^* JJ**^ ™ ^
Site of the said Building, upon such Terms as they may deem ™^^«*we ©^
advisable, and t6 lay out the Monies received by them in the ^
Erection of the said Building, but with such Approbation never-
theless and subject to such Agreement as he^in**after mentioned.

IIL All and every Persons and Person seided of or entitled in Penons
possession to Lands in Ireland^ or to the Receipt of thb Rente and enabled to
jhxjflts thereof, for an. Estate of Fee-simple or Fee-farm, or any ?^^S?f^
other perpietual Estate, subject to any Mortgage or Incumbrance, j^^^this
or for an Estate in Tail or quati Entail of an Estate in Inheritance Aet
or perpetual Interest, or for the Term of his, her, or their own "
Iiiib or Lives (not being Jointresses or Jointress), or for the Life
or Lives of any other Person or Persons,- or for so many Years
as he, she, or they may live, or for an unexpired Term of Years,
not being less than Sixty Years in- its Inception, and whether
absolute or determinable on a Life created out of an Estate of In-
heritance or perpetual Interest by way of Settlement, and not in
consideration of or subject to any Rent reserved thereby, and
whether or not such Estate or Interest shall be subject to any
Mortgage or other Incumbrance (provided the Incumbrancer shall
not be in possession), shall have Power by virtue of this Act to
make a Lease or Leases of all or any Part of such Lands to the
said Building Trustees and to the said Royal Dublin Society re-
'spectiveiy for any Term not exceeding Nine hundred and

ninety-

380

C.99.

17* & 18* VICTORLaE,

A.D.1854.

Governors or
Guardians of
Marsh's Li-
brary empow-
ered to remove
the Library
to the new
Building.

Governors, &c.
of Marsh's
Library em-
powered to dis-
pose of their
present Pre-
mises af^er such
Ilemoval.

vemors, &c.
-sh's Li-

ninelj-nine Tears, or in Fee-farm, for the Purposes of the eaid
Building and of this Act : Provided always, that everj such
Xioase made under this Act shall be a Lease in possession and
not in reversion or by viray of future Interest, and that the Rent
reserved thereby shall be the best improved yearly Bent that at
the Time of making such Lease can be obtained or reasonably
expected from a solvent Tenaqt, without Fine or Consideration of
any kind : Provided always, that all Rents reserved and Covenants
and Conditions contained in any Lease made under this Act shall
enure to the Persons who for the Time being would, if such Lease
had not been made, be entitled to the actual Possession of the
Lands comprised in the said Lease, or to the Receipt of the Rents
and Profits thereof, according to their Estates and Interests therein ;
and that every Lease made under this Act, and pursuant to the
Provisions thereof, shall be valid to bind the Lessor or Lessors,
his, her, or their Heirs, Executors, Administrators^ Assigns, and
Successors in Estate, and all Persons whomsoever deriving under
the same Title or Settlement as that under which the Lt^ssor or
Lessors derives or derive, and notwithstanding any Entail, Law,
or Custom to the contrary, and whether there be or be not any
leasing Power annexed or belonging to the Estate of such Lessor
or Lessors, but so as not to prejudice or interfere with any other
Power of leasing to him, her, or them belonging.

IV. It shall be lawful for the Governors and Guardians of
Archbishop Marsh's Library (anything in an Act of the Parlia-
ment of Ireland, intituled An Act for setUing and preserving a
Public Library for ever in the House for that Purpose built by
his Grace Narcissus now Lord Archbishop of Armagh, on Part
of the Ground belonging to the Archbishop of Dublin'^ Palace
near the City of Dublin, passed in the Sixth Year of the Reign
of Queen Anne, or othei'wise, to the contrary notwithstanding,)
to cause the said Library to be removed to the said Building
so to be erected, as soon as the same shall be completed and
in a Condition to receive the said Library : Provided fdways, that
the said Governors and Guardians shall approve of the Plan and
Arrangements of that Portion of the said Building to be appro-
priated to the Reception of a Public Library.

y. It shall be lawful for the Governors and Guardians of the
said Library, at any Time after the said Library shall have been
removed to and deposited within the said Building so to be erected
as aforesaid, from Time to Time to alien, sell, and dispose of the
several Buildings, Grounds, Gardens, Courts, and Premises now
vested in them by virtue of the said last-mentioned Act of Par-
liament, or otherwise, or any of them, or any Part thereof re-
spectively, anything in the said Act or otherwise to the contrary
notwithstanding : Provided always, that the Proceeds of all and
every such Alienations, Sales, and Dispositions shall be applied
by the said Governors and Guardians to make such Compensation
as they shall think fit to any Officer or Officers for any Loss
which such Officer or Officers shall have incurred by reason of
the Removal of the said Library as aforesaid, and to the Objects
of their Trust, and not otherwise.

VI. The Governors and Guardians of Archbishop Marsh'd
Library shall continue to have the same exclusive Control over

the

A.D,1854. 17" & 18^ VICTORIA C. 99. 381

the 8aid Library which thej at present possess, and shall have brary to retain
the entire and exelasive Possession, Occupation, and Control for *heir exdnsire
the Purposes of their Trust of those Portions of the said Build- f^^^^ *^^®'"
ing" so to be erected as herein-before mentioned which shall be ^ ^ ™^'
upon the Completion of the said Building set apart by the said
Building Trustees for the Accommodation of the said last-men-
tioned Library.

VIL The President and Senior Vice-President of the Royal Governon and
Dublin Society for the Time being, the President of the Royal Guardiana of
Hibernian Academy for the Time being, the President of the the National
Royal Irish Academy for the Time being, the Chairman of the ^^nT kcor-
Board of Public Works in Ireland for the Time being, George porated,
Petrie Esquire, George Francis Mulvany Esquire, WiUiam Braba-
zon Earl of Meathy Thomas Aishew Larcom Esquire, fVilliam
Dargan Esquire, Francis WiUiam Earl of Charlemont, the Right
Honourable 3fajri>r^ Brady, Lord Chancellor of /rc/awci^ the Lord
Talbot de Malahide, Sir George Frederich John Hodson Baronet,
Robert Calweli Esquire, John Calvert Strange Esquire, and John
Edward Pigot Esquire, and their Successors appointed as herein-
after directed, and subject to the Provisions herein -after con-
tained, shall be and they are hereby constituted a Body Corporate
by the Name of** The Governors and Guardians of the National
Gallery of Ireland," and shall have a Common Seal, and by the
said Name shall have perpetual Succession, and shall and may
take, purchase, and hold Lands and Real Estate and other Property
in trust for the Purposes of a National Gallery of Paintings,
Sculpture, and the Fine Arts, subject to the Provisions of this
Act ; and all the Powers of the said Corporation may be exer-
cised so long and so often as there shall exist Five Members
thereof.

VIIT, It shall be lawful for the said last-mentioned Body Cor- Governon, &c
porate to receive Devises, Bequests, Donations, and Subscriptions empowered to
(annual or otherwise) of Land, Buildings, Money, and Works of ""^^e ?2°?r
Art, and to hold the same, and to lay out such Sums of Money gcHpti^L &c
a% they shall so receive for the Purposes of the National Gallery ^^^ *^
of Ir^andn in the Improvement and Enlargement of the Collec-
tion of Works of Art presented to or purchased for the paid Gal-
lery, or deposited therein, and the said Body Corporate shall have
the entire and exclusive Possession, Occupation, and Control for
the Purposes of their Trusts herein mentioned of those Portions
of the said Building so to be erected as herein-before mentioned
which shall be upon the Completion of the said Building set apart
by the said Building Trustees for the Accommodation of the
National Gallery of Ireland, and of all such other Buildings,
Enclosures, and Appurtenances as shall or may from Time to
Time be required and obtained for the Purposes of the said
National Gallery or any Part thereof.

IX. The said Building so to be erected as aforesaid for the Boilding to be
Purposes herein-before mentioned shall be constructed according erected acoord-
to such Plans and Specifications as shall have been approved of ^^ ^ ^t
and agreed upon by and between the said Building Trustees, the ^PP'^^*^ ^•
said GoTemors and Guardians of the National Gallery of ir^iand^
and the said Governors and Guardians of Archbishop Marshes
Library.

X. The

382

aea.

17^ & 18*> VICTORIiE.

A.D.1854.

Completion of
the Bailding,
the GoYemors,
&C. to be a
Body Corpo-
rate, as Trus-
tees of the
Biulding, for
eter.

TermofOflBoe
of the Gtover-
non, &cof
the National
Qallery limited
to FiTe Years.

Mode of filling
Yaoanotesin
the Nomber of
the Gkyvemors
of the National

X. The Persons who for tlio Time bQing $hall composo thC'
sfkid respective Bodies Corporate, that is to say, the GoTemors
and Guardians of the National Gallery of Irelandj and the
Gk^vernors and Guardians of Archbishop Marsh's Library, shall
be One Body Corporate, under the Name of " The Joint Trustees
^f of the National Gallery of Ireland and of Marsh'% Library,"
and so soon as the said Building so to be erected as aforesaid
shall have been completed the said Building Trustees shall
declare it to be so by an Instrument under the Hands of tham
or of any Three of them, and thereupon the said Building,
together with the Ground whereon the same shall have been
erected, shall become and be vested in the said last-mentioned
Body Corporate for ever, subject nevertheless to the exclusive
Possession, Occupation^ and Control of those Portions of the said
Building respectively to be occupied by the said Governors and
Guardians of the National Gallery of IreUmd^ and the said
Governors and Guardians of Archbishop Marsh's Library, for
the Purposes of their respective Trusts as aforesaid.
. XL Each of the Governors and Guardians of th^ National
Gallery of Ireland, save, and except only the first Three of them
herein-before named, shall continue to hold Office, subject to the
Provisions herein contained, for the Term of Five Years at a
Time, from the Time of bis becoming such Governor and Guar-
dian, and not longer, but at the Expiration of such Five Years
he shall be eligible to be reappointed or re-elected as such
Governor and Guardian.

• XIL The President and Senior Vice-President of the Royal
Dublin Society, the President of the Boyal Hibernian Academy,
the President of the Royal Irish Academy, and the Chairman of
the Board of Public Works in Ireland, that is to say, the Persona
£br the Time being holding those Offices respectively, shall be
ex^ffieio Members of the said Body Corporate, and Goyemors
and Guardians of the National Gallery of Ireland^ but shall cease
to be such Governors and Guanlians respectively upon ceasing to
hold the aforesaid Offices respectively : Provided always, &at
whensoever and so often as the said George Peirie Esquire and
George Francis Mulvang Esquire, or either of them, or their or
either of their Successors nominated or appointed as next herein-
after mentioned, shall cease to be such Governor and Guardian
or Governors and Guardians sn aforesaid, then and in every such
Case it shall be lawful for the Royal Hibernian Academy to
nominate and appoint such Artist or Artists xesident in Ireland
as they shall think proper to be a Governor and Guardian or
Governors and Guardians in the Room of the Person or Persons
so ceasing to be such Governor and Guardian or Governors and
Guardians as aforesaid, and every such resident Artist so nomi-
nated or appointed by the Royal Hibernian Academy shall there-
upon forthwith become and be one of the Grovernors and Guardians
of the National G«Uery of Ireland^ to all Intents and Pur])oses as
folly as if he had been so named herein in the Place of the said
Greorge Peirie Esquire or George Francis ^u/v<iiiy Esquire :
And be it. enacted, that whensoever and so often as the said
WiUiam Brabazon Earl of Meuth^ Thomas Aishew Larcom
Esquire, and William Dargan Esquire, or any or either of them,

or

A.D.1854:. 17^ & 18» VICTORIA. C.99. 38

or their or any or eitlier of their Sudc(;ssors appointed as next
herein-after mentioned, shall cease to he such Governor and
Guardian or Governors and Guardians as aforesaid, then and in
every such Case it shall he lawful for the Lord Lieutenant, hy
Warrant under his Hand, to appoint a Person or Persons to fiU
such Vacancy or Vacancies, and every such Person or Persons so
appointed to fill such Vacancy or Vacancies shall thereupon forth-
with hecome and he one of the Governors and Guardians of the
National Gallery of Ireland^ to all Intents and Purposes as fully
as if he had heen so named herein in the Place of the said
Wiiliam Brabazan Earl of Meath^ or Thomas Aiskew Larcam
Esquire, or WiUiam Dargan Esqaire : Provided also, that when*
soever and so often as any One or more of the remaining Seven
Governors and Guardians hereia«-before named, or their or any or
either of their Successors nominated, elected, or appointed as next
herein-after mentioned, shall cease to be such Grovemor and Guar-
dian or Governors and Guardians as aforesaid, then and in every
snch Case, so long and so often as there shall be at least One hua*
died Persons each of whom at the Time of the Occurrence of such
Vacancy or Vacancies shall have made a Donation to the Gover*
nors . and Guardians of the National Gallery of Ireland^ for the
Piaiposes of their Trust, of not less than Two Guineas in Money,
or of a Work or Works of Art to the Value in the whole of
Twenty Pounds (such Value to be declared by the said Governors
and Guardians by an Entry or Entries in their Books), or shall
then be an annual Subscriber pf One Guinea or upwards to the
Funds of the said last-mentioned Body Corporate, and shall have
paid his current Subscripticp to the said Body Corporate within
TwelTe Calendar Months then last past, it shall be lawful for such
Donors and >8ub6(iribers to elect and n<Hninate Persons or a Person
to fill such Vacancies or Vacancy ; and when and so of ten as on
the Occasion of the happening of such Vacancy or Vacancies there
be lesa than One hundred 6u<;h Donors and Subscribers, then and
in every such Case it shall be lawful for the Lord Lieutenant by
Warrant under his Hand to appoint a Person or Persons to fill
such Vacancy or Vacancies, and every such Person so nominated^
elected, or appointed to fill such Vacancy or Vacancies ahaU
therettpon forthwith become and be One of the Governors and
Guardians of the National Gallery of Ireland^ to ajl Intents and
Purposes a6 fully as if he had been so named therein in the Place
of the said Francis William Earl of CharUmont^ the Right
Honourable Maziere Braiy^ Lord Chancellor of Ireland^ the
Lord Taibot de JUalahide^ Sir George Frederick John Hodson
Baronet, Robert CahoeU Esquire, John Cedvert Strange Esquire,
or John Edvoard Pigot Esquire.

Xm, It ahall be lawful for the Governors and Guardians of Power to
the National Gallery of Ireiandy from Time to Time, to make, GovenioiMpt,
alter, vary, and repeal Byelaws for the Management of the said {^^^^^
GftUery, for securing the Attendance of Members of the Body ^ppokit (Ml*
Corporate, and for all other Purposes necessary for the Execution
of their Trusts ; and all Ofiicers and Servants, salaried or other-
wise, employed in Uie Care or Management of the Trust Property,
ahall be appointed by the said Governors and Guardians, subject
to such Begulatioos and Conditions as they shall tliink proper,

XIV, It

3S4

C.99.

17» & 18" VICTORI-^

A.D.1854.

Power to
Governors, 8cc
of Marsh's
library to
admit any
other Collec-
tion of Books
into the same
Building.

Interpretation
of Terms.

Land in pos-
session of
Boyal Dublin
Society for the
Promotion of
Husbandry
may be appro-
priated ibr a

thePniposes
of aMusenm.

XIY. It shall be lawful for the Grovemors and Guardians of
Archbishop Marsh's Library to admit into that Portion of the
Building to be erected as aforesaid which shall be appropriated to
the Reception of a Public Library any Books which any public
Body or private Individual or Individuals may desire either to
present or give to the said last-mentioned Governors and Guar-
dians, or may desire to deposit there for the L^se of the Public,
upon such Terms revertheless as to the Arrangement of such
Books, the Mode of Access thereto, th(; Accommodation of Readers,
and the Management and Control of said Books, as may be agreed
upon between the said last-mentioned Governors and Guardians
and such public Body or private Individual or Individuals so
giving or depositing such Books as aforesaid ; and all such Books
as shall be so given, presented, or deposited shall, until Parlia-
ment shall otherwise provide, be and remain under the Care and
Management and in the Possession of the said last-mentioned
Governors and Guardians and such other Person or Persons as
shall be agreed on between them and the Body or Bodies, Indivi-
dual or Individuals, giving, presenting, or depositing such Books^
or in such other Care, Management, and Possession as shall be
agreed on between the said last-mentioned Guardians and such
Body or Bodies, Individual or Individuals, so giving, presenting,
or depositing as aforesaid.

XV. In the Construction of this Act the Word « Lands" shall
include Messuages, Tenements, and Hereditaments of every Tenure,
whether corporeal or incorporeal ; the Expression " perpetual In-
terest" shall comprehend, in addition to any greater Interest, any
Lease or Grant for One or more than One Life, with or without a
Term of Years, or for Years, whether absolute or determinable on
the dropping of One or more than One Life, with a Covenant or
Agreement by a Party competent thereto, in any of such Cases,
whether contained in the Instrument by which such Lease or
Contract is made or in any separate Instrument, for the perpetual
Renewal of such Lease or Grant ; the Word "entitled" shall mean
entitled either legally or equitably; the Word " Settlement" shall
include every Assurance or connected Set or Series of Assurances,
whether by Deed, Will, Private Act of Parliament, or otherwise,
by which Lands are or shall be limited in a Course of Settlement,
or agreed so to be ; the Word " Building " shall include the Land
upon which such Building shall be built^ together with all En-
closures, Yards, Curtilages, and Appurtenances held therewith or
appertaining thereto ; the Word " Lord Lieutenant " shall be held
to mean the Lord Lieutenant of Ireland or other Chief Governor
or Grovernors of Ireland for the Time being.

XVL ' Whereas it may be found expedient that certain Part
' or Parts of Lands and Premises now in the Possession or Occa-
' pation of the Royal Dublin Society for the Promotion of lius-
' bandry and other useful Arts, in Ireland, should be appropriated

* for a Building or Buildings for the Purposes of a Museum, and

* that other Part or Parts of the said Lands and Premises should
' be appropriated for a Building- or Buildings for the Purposes

* of the said Library and National Gallery :' Be it enacted, That^
upon the Surrender by the said Society (which Surrender the
said Society is hereby empowered to make) of such Estate, Right,

Title,

A.D.1854. 17» & 18<> VICTORIJE. C.99. 385

Title, or Interest as they may at present have in any such Lands
or Premises^ it shall be lawful for all and every Persons and
Person seised of or entitled in possession to the said Lands and
Px^emises so now in the Possession or Occupation of the said
Society as aforesaid, or to the Receipt of the Rents and Profits
thereof, for an Estate of Fee-simple or Fee-farm, or any other
perpetual Estate, subject to any Mortgage or Incumbrance, or for
an Estate in Tail or guasi Entail, in an Estate of Inheritance or
perpetual Interest, or for the Term of his, her, or their own Life
or Lives (not being Jointresses or Jointress), or for the Life or
Lives of any other Person or Persons, or for so many years as
he, she, or they may live, or for an unexpired Term of Years,
not being less than Sixty Years in its Inception, and whether
absolute or determinable on a Life created out of an Estate of
Inheritance or perpetual Interest by way of Settlement, and not
in consideration of or subject to any Rent reserved thereby (and
whether or not such Estate or Interest shall be subject to any
Mortgage or other Incumbrance)', by virtue of this Act, to make a
Lease or Leases of all or any Part or Parts of the same Lands and
Premises to the said Society for any Term not exceeding Nine
hundred and ninety-nine Years, or in Fee-farm at the best im-
proved yearly Rent that may reasonably be obtained for the same
^m a solvent Tenant, without any Fine or Consideration ; pro-
vided that such Rents, and all Clauses and Conditions to be
inserted in such Leases, shall secure to the Person or Persons who
for the Time being would, if such Leases had not been made, be
entitled to the actual Possession of the Lands and Premises therein
to be comprised, or to the Receipt of the Rents and Profits thereof,
according to their respective Estates and Interests therein, and
that such respective Leases as last aforesaid shall be valid and
effectual to bind the Lessor and Lessors, his Ueir, or their Heirs,
Executors, Administrators, Assigns, and Successors in Estate, and
all Persons whomsoever deriving under the same Title or Settle-
ment as that under which the Lessor or Lessors derives or derive,
and notwithstanding any Settlement, Act of Parliament, Entail^
Law, or Custom to the contrary, and whether there be or be -
not any leasing Power annexed or belonging to the Estate of
such I>3ssor or Lessors, but so as not to prejudice or interfere
with any other Power of leasing to him, her, or them belonging.

X Vn. When and so soon as the said Royal Dublin Society shall Board of Trade
have obtained such Lease or Leases, it shall be lawful for such and Navigation
Society to divide the Lands and Premises which shall be comprised ^® ^*1®
therein in such Proportions, and under such Conditions and Jb^!«5dBS^
Restrictions, as to the Board of Trade and Navigation shall seem i^g Trustees
meety between the said Building Trustees and the said Royal and the Royal
Dublin Society, and to apportion the Rents to be payable respec- I>ublin So-
tively on the said respective divided Portions in such Manner as ^^'
may be, in the Opinion of such Board, confoHnable to Justice, and
to make and execute such Leases, Conveyances, and other Assur-
ances for the Purposes last aforesaid, as such Board shall think fit.

XYIII. This Act shall only extend to Ireland. Act to extend

only to IrdandL

17 & 18 Vict. C c CAP.

386 ClOO. 17' & 18^ VICTOJRI-S;. A.D,18a4,

C A R C.

An Act to make further Proyi^on for the more speedy and
efficient Despatch of Business in the High Court of
Chancery. [10th Auffust 1 854.]

* TIT' HERE AS the Enlargement in manner herein-after raen-

* ^ ^ tioned of the Powers of the Masters in Ordinary of the

* High Court of Chancery during their Continuance in Office, and
■ the Appointment of additional temporary Clerks in their Offices,
' would enable them to wind up the more expeditiously the Causey

* Matters, and Things from Time to Time depending before themt
f And whereas better Provision is required for the examining and
^ settling of the Accounts of Receivers and others in the said
' Court :' Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the Advice and Consent of the Lords
Spiritufld and Temporal, and Commons, in this pi^sent Parliament
assembled, and by the Authority' of the same, as follows :

Master may I. Upon a Suit in whicli any Proceeding may from Time to

inquire respect- Time be depending before a Master in Ordinary of the High Court
mg Abatement, ^f Chancery becoming abated by Death, Marriage, or o^erwise^
^ or becoming defective by reason of some Change or Transmission

of Interest or Liability, it shall be lawful for the Master, not^
withstanding that the Suit has become abated or defectire^ to
summon as he shall deem fit all or any of the Parties to the Suit
or Proceeding, or their or any of their Solicitors, and to require
and obtain from them or any of them such Information as may tA
him seem necessary or proper respecting the Abatement of th6
Suit, or respecting the same having become defective and the
Change or Transmission of Interest or Liability, and respecting
the Person or Persons by and against whom the Suit and Proceed^
ings ought to be revived, or the Decree or Order carried on anA
prosecuted ; for which Purposes the Master shall be at liberty to
proceed in the Absence of any of the Parties or Solicitors neglect*-
ing or reding to attend his Summons.

Master may cer- H. In case the Master shall, by the Means aforesaid or other-

^J* ^ *J*® wise, obtain sufficient Information for his Guidance in this Behalf,

ADatement,&c. ^^ ^j^^j ^ ^^ liberty to certify the Abatement of the Suit, or that

the same has become defective and the Change or Transmission of

' Interest or Liability.

Order 6fKe- III. The Master's Certificate shall be filed by such Person as^

vivor, &c.8haU the Master may direct, and then such Order to the Effect 6f the

Maste^^cS^ ®^ usual Order to revive or of the usual Supplemental Decree as is

tificatl^ ^' Jnentioned in the Section numbered LII. of the Act ** to amend

" the Practice and Course of Proceeding in the High Court of

" Chancery,'* passed in the Session of Parliament holden in the

Fifteenth and Sixteenth Years of the Reign of Her present

Majesty, shall be drawn up by the Registrar upon the Master's

Certificate, which shall be deemed equivalent to such Allegation

as is in the said Section mentioned; and the Course of Proceeding

upon and the ElTect of an Order obtained under these' present

Provisions shall be the same in all respects as if the Order had

been obtained upon such Allegation as aforesaid.

IV. In

. A.D.1834. . 17*' & 18° VICTORIvi'^. C.IOQ. 337

IV. In case tuo Master shall not be able to obtain sufilcient Upop Master's
Information for his Guidance in certifying as aforesaid, he shall C^ificate of
be at Uherty to certify the Abatement of the Suit^ or that the' ^rt^y*'**^'
SMue has become defective and the Change or Transmission of ^^^ Prwecu-
Interest or Liability, and that by reason thereof he is unable to tion or XMsposal
dispose of the Proceeding depending before him in the Suit ; upon of Suit
-vrhich Certificate the Court shall make such Order as it shall

think proper on all or any of the Parties for the further Prosecu-
tion of the Suit, or for the final Disposal thereof, and for the Pay-
ment of the Costs thereof, including any of the Costs which may
hare been incurred by reason of the Conduct of the Parties.

V. In the event of the Parties or their Solicitors refusing or Proceedings
neglecting, within a Time to be fixed by the Master, to file or to ™ay be carried
bring before the Court any such Certificate as aforesaid, or to J^^ gj^w ^*^^
serve any Order when drawn up as aforesaid, then by Direction Yund,

of the Master the Certificate may be filed or brought before the
Court, or the Order may be served, by the Solicitor for the Time >

being to the Suitors Fund ; and the Court is hereby empowered to
order Payment of the Coats and Expenses of the Solicitor to the
Suitors Fund out of such of the Funds in the Suit, or by such
Parties as to the Court shall seem just ; and in case Payment,
-thereof cannot be obtained by any of the Means aforesaid, the*
same, by the Direction of the Court, may be paid out of the Suitors.
Fund.

VL In any Cause, Matter, or Thing which may from Time to Master may
Time be depending before or have been referred to a Master, it obtain Assist-
shall be lawful for him, in such Way as he may think fit, to obtain *"^^^^*
the Assistance of an Accountant, the better to enable him to miJce ^"°
any Report or Certificate, and, to act upon the Certificate of such
Accountant; and the Allowances in respect of Fees to the
Accountant shall be regulated by the Taxing Master of the
Court.

VII. In any Cause, Matter, or Thing which may from Time to Master may
Time be depending before or have been referred to a Master he certify specially
shall be at liberty to certify specially any Decision at which he ^ obtain
may arrive, or any other Matter relating thereto, in order to obtain Sj^"^^®** ^
a Decision or Dii^ction by or from the Court for his Guidance in ^""^
the further Proceedings, or to enable any Party to obtain the
Opinion of the Court with reference thereto.

Vni. It shall be lawful for the Lord Chancellor to appoint a Additional tem-
fit Person to act in the Office of any Master as an additional tem- porary Clerks
porary Clerk, and in assistance to the Master's ordinary [Clerks, J^^Master's
in such Manner as the Master' may direct ; and every such ^^^^
Temporary Clerk may be removed by the Lord Chancellor as ho
may think fit, and shall receive, so long as he shall be so employed,
auch Salary as the Lord Chancellor shall with the Approbation of
the Commissioners of Her Majesty'a Treasury order, but shall not
bo entitled to or receive any Compensation upon or by reason of
-the Master being released from his Duties, or removed by Resig-
nation, Death, or otherwise.

IX. The Salaries given under this Act shall grow due from Salaries how
Day to Day, but shall be payable, under an Order of the Lord to be paid.
Chahcellor, on the Third Day of each of the Months of February^
Mayy Augusiy and November in every Year, or on such other Days

C c 2 . as

388

C. 100—102. 17" & 18* VICTORIJE.

A.D.1854.

"The Lord
Chancellor."

13 & 14 Vict
c 115.

Act ftirther
continued.

Transcripts of
Rules to be
deposited with
Registrars. ^

as the Lord Chancellor shall from Time to Time direct, and shall
. be paid to the Persons entitled thereto respectiyely, or their
respective Executors or Administrators, out of the Fund standing
in the Name of the Accountant General of the Court of Chimcery
to the Account intituled ** The Suitors Fee Fund Account," subject
to the Payment of such Salaries and Sums of Money as are now
payable thereout.

X. In this Act the Expression •* the Lord Chancellor " shall be
construed to mean the Lord High Chancellor of Great Britain
for the Time being, and to include or be applical4e to the Lord
Keeper or Lords Commissioners for the Custody of the Great Seal
of the United Kingdom for the Time being.

CAP. CI.

An Act to continue and amend the Acts now in force relating
to Friendly Societies. [10th August 1854.]

' \1/'HEREAS the Act passed in the Thirteenth and Four-

* ^ ^ teenth Years of Her present Majesty, intituled An Act to

* amend and consolidate the Law relating to Friendly Societies,

* was continued in force for a Period therein limited by an Act

* passed in the Fifteenth and Sixteenth Years of Her said Majesty,

* Chapter Seventy-five : And whereas the said Acts will exp^-e

* at the End of the present Session of Parliament, and it is

* expedient the same shall be further continued :' Bo it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same, as follows :

I. The said Act of the Thirteenth and Fourteenth Years of Her
present Majesty, Chapter One hundred and fifteen, shall be further
continued to the First Day of October in the Year One thousand
eight hundred and fifty-five, and to the End of the then next Ses-
sion of Parliament.

II. All Transcripts of the Rules of Friendly Societies now filed
with the Rolls of the Sessions of the Peace in any County, Riding,
or Division of a County shall be taken off the File, and sent to the
Registrars, who shall keep the same in such Manner as shall be
from Time to Time directed by One of Her Majesty's Principal
Secretaries of State.

CAP. CIL
An Act to consolidate and amend the Laws relating to
Bribery, Treating, and imdue Influence at Elections of
Members of Parliament. [10th August 1854.]

^ \\/^ HERE AS the Laws now in force for preventing corrupt

* ^ ^ Practices in the Election of Members to serve in Parlia*

* ment have been found insufiUcient : And whereas it is expedient

* to consolidate and amend such Laws, and to make further Pro-
' vision for securing the Freedom of such Elections :' Be it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commooa,
in this present Parliament assembled, and by the Authoritj of
the same, as follows :

L The

A.D.1854. 17" & 18« VICTORIA C. 102. 389

L The several Acts of Parliament mentioned in the Schedule Bepeal of Acts
A. hereto annexed shall be repealed to the Extent specified con- ^ ^^ 8che-
cerning the same Acts respectivelj in the Third Column of the ^^^
said Schedule.

n. The following Persons shall be deemed guilty of Bribery, Bribery
and shall be pimishable accordingly : defined.

1. Every Person who shall, directly or indirectly, by himself,

or by any other Person on his Behalf, give, lend, or agree
to give or lend, or shall ofiTer, pi-omise, or promise to procure
or to endeavour to procure, any Money, or valuable Con-
sideration, to or for any Voter, or to or for any Person
on behalf of any Voter, or to or for any other Person in
order to induce any Voter to vote, or refrain from voting,
or shall corruptly do any such Act as aforesaid, on account
of such Voter having voted or refrained from voting at any
Election :

2. Every Person who shall, directly or indirectly, by himself
or by any other Person on his Behalf, give or procure, or
agree to give or procure, or offer, promise, or promise to
procure or to endeavour to procure, any OflSce, Place, or
Employment to or for any Voter, or to or for any Person,
on behalf of any Voter, or to or for any other Person, in
order to induce such Voter to vote, or refrain from voting,
or shall corruptly do any such Act as aforesaid, on account
of any Voter having voted or refrained from voting at any
Election :

3. Every Person who shall, directly or indirectly, by himself^^
or by any other Person on his Behalf, make any such Gift,.
Loan, Offer, Promise, Procurement, or Agreement as afore-

said, to or for any Person, in order to induce such Person
to procure, or endeavour to procure, the Return of any
Person to serve in Parliament, or the Vote of any Voter at
any Election :

4. Every Person who shall, upon or in consequence of any such

Gift, Loan, Offer, Promise, Procurement, or Agreement,
procure or engage, promise, or endeavour to procure the
Return of any Person to serve in Parliament, or the Vote
of any Voter at any Eleg^ion :

5. Every Person who shall advance or pay, or cause to be paid,.

any Money to or to the Use of any other Person with the
Intent that such Money or any Part thereof shall be ex-
pended in Bribery at any Election, or who shall knowingly
pay or cause to be paid any Money to any Person in Dis-
charge or Repayment of any Money wholly or in part
expended in Bribery at any Election :
And any Person so offending shall be guilty of a Misdemeanor, and
in Scotland of an Offence punishable by Fine and Lnprisonment,
and shall also be liable to forfeit the Sum of One hundred Pounds
to any Person who shall sue for the same, together with full Costs
of Suit : Provided always, that the aforesaid Enactment shall not
ext^id or be construed to extend to any Money paid or agreed to
be paid for or on account of any legal Expenses hondjide incurred
at or concerning any Election.

C c 3 in. The

390

G.102.

17*>& 18" VICTOm^.

A.D.I8a4.^

Bribery further III. The following Persons shall also bo deemed guiltj of Bribery,
defined. and shall be punishable accordingly :

1 . Every V oter who shall, before or during any Election, directly

or indirectly, by himself or by any other Person on hiis
Behalf, receive, agree, or contract for any Monejr, Gift,
Loan, or valuable Consideration, Office, Place, or Employ-
ment, for himseilf or for any other Person, for voting or
agreeing to vote, or for refraining or agreeing to refrain
from voting, at any Election :

2. Every Person who shall, after any Election, directly or

indirectly, by himself or by any other Person on his Behalf,
receive any Money or valuable Consideration on account
of any Person having voted or refrained from voting, or
having induced any other Person to vote or to refrain from
voting, at any Election :
And any Person so o£fending shall be guilty jof a Mis^meanor,

Penalty.

Treating
defined.

and in Scotland of an O Jence punishable by Fine aSS* imprrison-
ment, and shall also be liable to forfeit the Sum of Ten Pounds to
any Person who shall sue for the same, together with full Costs
of Suit.

. IV. Every Candidate at an Election, who shall corniptly by
himself, or by or with any Person, or by any other Ways or
Mean3 on his Behalf, at any Time, either before^ during, or after
any Election, directly or indirectly give or provide, or cause to be
given or provided, or shall be accessory to the giving or providing,
or shall pay, wholly or in part, any Expenses incurred for any
Meat, Drink, Entertainment, or Provision to or for any Person,
in order to be elected, or for being elected, or for the Purpose
of corruptly influencing such Person or any other Person to give
or refrain from giving his Yote at such Election, or on account
of such Person having voted or refrained from voting, or being
about to vote or refrain from voting, at such Election, shall be
deemed guilty of the Offence of Treating, and shall forfeit the som
of Fifty Pounds to any Person who shall sue for the same, with,
full Costs of Suit ; and every Voter who shall corruptly accept
or take any such Meat, Drink, Entertainment, or Provision, shall
be incapable of voting at such Election, and his Vote, if given,
shall be utterly void and of none effect.

V, Every Person who shall, dilfcctly or indirectly, by himself,
fluence defined, or by any other Person on his Behalf, make use of, or tliieaten to
make use of, any Force, Yidence, or Restraint, or inflict or threaten
the Infliction, by himself or by or through any other Person, of
any Injury, Damage, Harm, or Loss, cfc in any other Manner
practise Intimidation upon or. against any Person in order to
induce or compel such Person to vote or remia from voting, or on
account of such Person having voted or refrained from voting, at
any Election, or who shall, by Abduction, Duress, or any fraudulent
Device or Contrivance, impede, prevent, or otherwise interfere
^ith the free Exercise of the Franchise of any Voter, or shall-
thereby compel, induce, or prevail upon any Voter, either to give
or to- refrain from giving his Vote at any Election, shall be deemed
to hare committed the Offence of undue Influence, and shall be
guilty of a Middcmeanor, and in Scotland of an Offence punishable
by Fine or Imprisonment, and shall also be liable to forfeit the Sum

of

"Penalty

Undue In-

PenaUy.

A.D.1854. 17^ & IS** VICTORIiE, C. 102. S9I

of Fifty Poands to any Person who shall sue for the same, together
with full Costd of Suit.

VT. Whenever it shall be proved before the Revising Barrister Names of
that any Person who is or claims to be placed on the List or ^^enderg to be
Register of Voters for any County, City, or Borough has been S^^t^l^
convicted of Bribery or undue Influence at an Election, or that ins^ted'in
Judgment has been obtained against any such Person for any separate List
penal Sum hereby made recoverable in respect of the Offences of
Bribery, Treating, or undue Influence, or either of them, tlien and
in that Case such Revising Barrister shalja^ in <^»ge the Name of
such Person is in the List of Voters, expSpge^be-^mpe iber^lfom, •

o'r' shall, in casfe BnChPelrSOft iB viailflingtohave his Nahi©4ns5rte3
therein, disallow such Claim ; and the Names of all Persons whose
Names shall be so expunged from the List of Voters, and whose
Claims shall be so disallowed, shall be thereupon inserts in a
separate List, to be entitled " The List of Persons disqualified for
** Bribery, Treating, or undue Influence," which last-mentioned
lAst a^all be appended to the List or Register of Voters, and shall /

be printed and published therewith, wherever the same shall be or ' '

IS required to be printed or published.

Vn. No Candidate before, during, or after any Election shall NaOockades,
in regard to such Election, by himself or Agent, directly or in- *^leri?^^^
directly^ give or provide to or for any Person having a Vote at ** ^°**
$nch Illection, or to or for any Inhabitant of the County, City, ,.. ^ .<
Borough, or Place for which such Election is had, any^Cockade^ ^< • '
Bibbon, or other Mark of Distinction : and every Person so giving Penal^^ ' . , '
5r prbvidTng shall lor every such 'OSence forfeit the Sum of Two ^ ^ 4 * . ^
JPounds to such Person as shall sue for the same, together T^ith full
Costs of Suit ; and all Payments madefor or on ac^ount^of any
t^bakil^ or any such Cockade, kibBoii^ orTffark of Distinction
as aforesaid, or of any Bandg of Music or Flags or Banners^ shall
^ be deemed illegal l^mente within tEis Act.
" VlnTi^o Person^aving'a'TCght to vote at the Election for Voters not to
any County, City, Borough, or other Place shall be liable or com- ^^^^^
pelled to.serve as a Special Constable at or during any Election Jj^SmeSc-
for a Member or Members to serve in Parliament for such County, tions/
City, Borough, or other Place, unless he shall consent so to act ;
and he shall not be liable to any Fine, Penalty, or Punishment
whatever for refusing so to act, any Statute, Law> or Usage to the
contrary notwithstanding.

1^ The pecuniary Penalties hereby imposed for the Offences Penaltiet how
of ^ibery, Treating, or undue Influence respectively shall be ^^'JJjl"^^
irocoveiable by Action or Suit by any Person who shaU sue for '^^'^
the same in any of Her Majesty's Superior Courts at fFeitrninster,
if the Offence be committed in England or Wdks^ and in any of
Her Majesty's Superior Courts in Dublin if the Offence be com-
fuitted in Ireland^ and in or before the Court of Session if th^
Offence be committed in Scodandy ftnd not otherwise.

^ It shall be lawful for any Criminal Court, before which any Costs and Ex-
Prosecution shall be instituted for any Offence against the Pro^ ^!!^®^
visions of this Act, to order Payment to. the Prosecutor of such iT^osecutioxus.
Coat)» and Expenses as to the said Court shall appear to have been
reasonably incurred in and about the Conduct of such Prosecu-

C c 4 tion :

392

C.102.

17*&18^ VICTORI-aJ,

A.D.18d4.

Returning
Officer to giTe
Kotieeof
Election.

Cases in which
De^dant
may recover
Costs from the
Prosecutor.

Prosecutor not
to be entitled to
Costs unless he
shall have
entered into a
Recognizance
to oondnct
Prosecution
and pay Costs.

Limitation of
Actions.

Power to
Returning
Officers to
appoint Elec-
tion Auditors

tion: Provided ahvhjSf that no Indictment for Bribery or undue
Influence shall be triable before any Court of Quarter Sessions.

XL For the more effectual Observance of this Act, every Re-
turning Officer to whom the Execution of any Writ or Precept for
electing any Member or Members to serve in Parliament may
appeitain or belong shall, in lieu of the Proclamation or Notice of
Election heretofore used, publish or cause to bo published such
Proclamation or Notice of Election as is mentioned in Schedule B.
to this Act, or to the like Effect.

XII. In case of any Indictment or Information by a private
Prosecutor for any Offence against the Provisions of this Act, if
Judgment shall be given for the Defendant, he shall be entitled to
recover from the Prosecutor the Costs su'stained by the Defendant
by reason of such Indictment or Information, such Costs to be
taxed by the propei Officer of the Court in which such Judgment
shall be given.

XIII. It shairnot be lawful for any Court to order Payment of
the Costs of a Prosecution for any Oiffence against the Provisions
of this Act, unless the Prosecutor shall, before or upon the finding
of the Indictment or the granting of the Information, enter into a
Recognizance, with Two sufficient Sureties, in the Sum of Two
hundred Pounds (to be acknowledged in like Manner as is now
required in Cases of Writs of Certiorari awarded at the Instance
of a Defendant in an Indictment), with the Conditions following;
that is to say, that the Prosecutor shall conduct the Prosecution
with Effect, and shall pay to the Defendant or Defendants, in case
he or they shall be acquitted, his or their Costs.

XIV. No Person shall be liable to any Penalty or Forfeiture
hereby enacted or imposed, unless some Prosecution, Action, or
Suit for the Offence committed shall be commenced against such
Person within the Space of One Year next after such Offence
against this Act shall be committed, and unless such Person shall
be summoned or otherwise served with Writ or Process within
the same Space of Time, so as such Summons or Service of Writ
or Process shall not be prevented by such Person absconding or
withdrawing out of the Jurisdiction of the Court out of which
such Writ or other Process shall have issued ; and in case of any
such Prosecution, Suit, or Process as aforesaid, the same shall be
proceeded with and carried on without any wilful Delay.

XV. • Whereas it is expedient to make further Provision for
• preventing the Offences of Bribery Treating, and undue Influ-
' ence, and also for diminishing the Expenses of Elections :'. Be
it enacted, That within Six Days after the passing of this Act the
Returning Officers of the City of Canterbury^ the Boroughs of
Cambridge^ Kingston-upon-HuU^ Maldon, and BamsiapU, and
once in every Year, in the Month of August^ the Returning Officer
of every County, City, and Borough shidl appoint a lit and proper
Person to be an Election Officer, to be called " Election Auditor or
Auditor of Election Expenses," to act at any Election or Elections
for and during the Year then next ensuing, and until another
Appointment of Election Auditor shall be made ; and such Re«
turning Officer shall, in such Way as he shall think best, give
public Notice of such Appointment in such County, City, or
Borough ; provided, that any Person appointed an Election Auditor

may

jLD.1854. 17* & 18* VICTORIiE. C. 102, 393

maj be re-appointed as often as the Beturning Officer for the
Time being shall i^nk fit ; and that every Person who shall be an
deetion Auditor on the Day appointed for any Election shall con-
tinue to be the Election Auditor in respect of such Election until
the whole Business of such Election shall be concluded, notwith-
standing the subsequent Appointment of any other Person as
Meetion Auditor ; and every Election Auditor upon his Appoint-
m^it shall make and sign before the Beturning Officer the follow-
ing Declaration :

' T [A, B."] do solemnly and sincerely promise and declare. That
' '*' I will well and truly and faithfully, to the best of my Ability

* in all Things, perform my Duty as Election Auditor, according

* to the Pkx>visions of " The Corrupt Practices Prevention Act,
' 1854.-'

And every Election Auditor wilfully doing any Act whatever
contrary to the true Intent and Meaning of such Declaration shall
be deemed guilty of a Misdemeanor, and in Scotland of an Offence
punishable with Fine and Imprisonment.

XVX All Persons, as well Agents as others, who shall have Bills, && to Iw
any Bills, Charges, or Claims upon any Candidate for or in respect *^^ ^^ withia
of any Election shaU send in such Bills, Charges, or Claims within n^^^^ *^
One Month from the Day of the DecUration of the Election to Ri^ht tor^*^
sach Candidate, or to some authorized Agent of such Candidate cover barred.
acting on his Behalf, otherwise such Persons shall bo barred of
their Bight to recover such Claims, and every or any Part thereof:
Provided always, that in case of the Death within the said Month
of any Person claiming the Amount of such Bill, Charge, or
Claim, the legal Bepresentative of such Person shall send in such
Kll, Charge, or Claim within One Month after obtaining Probate
or Letters of Administration, or Confirmation as Executor, as the
Case may be, or the Bight to recover such Claim shall be barred
as aforesaid.

XVII. Every Candidate shall, by himself or his Agent in that Bills, &c re-
Behalf, within Three Months after the Day of the Declaration of ««»▼«* within
the Election, or within Two Months after any Bill, Charge, or ^® Month to
Claim has been sent in by the legal Bepresentative of any Ei^tion"
deceased Creditor, as herein-bcfore provided, send in to the Auditor.
Election Auditor for Payment nil such Bills, Charges, or Claims
(except as herein*after excepted) as have been sent in to such
Candidate within the One Month herein-before specified from the
Day of the Declaration of the Election, or after the granting of
Probate or Letters of Administration, or Confirmation as Executor,
as the Case may be : Provided always, that the Candidate shall,
by himself or his Agent as aforesaid, at the Time of his sending
in any such Bill, Charge, or Claim, state to the Election Auditor
whether he admits the whole Amount of such Bill, Charge, or
Claim, or if not the whole then how much thereof, if any, he
admits to be correct : Provided also, that in case of the wilful
Default of the Candidate, by himself or his Agent as aforesaid, in
sending in all such Bills, Charges, or Claims, or in making such
Statement at the Time of sending in such Bills, Charges, or
Claims, he shall be liable to a Penalty of Twenty Pounds, and to
a further Penalty of Ten Pounds for every subsequent Week of
wilful Default or Neglect in sending in all such Bills, Charges,

or

394

G.id2.

IT'^fc IS'' VICTORIiE.

A.D.1854.

tf o Payments
to be made
except

through Elec-
tion Auditor.

Tender and
Payment into
Court by
Election
Auditor.

Copy of Judg^
ment and
Statement of

'Povni^IltS

or Claims, or in making such Statement, to be reoovered by any
Person who will sue for the same, together with full Costs of Suit :
Provided always, that in case any such Candidate shall be abs^it
from the United Kingdom at the Time of such Election, he shall
send in to the Election Auditor for Payment any such Bills,
Charges, or Claims as aforesaid within One Month after his
Return to the United Kingdom, which shall be of the same
Force and Effect as if the same had been sent in as herein,
provided.

XVni. No Payment of any Bill, Charge, or Claim, or of any
Money whatever, for or in respect of any Election, or the Expanses
thereof, (except as herein excepted,) shall be made by or by the
Authority of any Candidate, except by or f hrodgb such Electiiln
Auditor, and any Payment made by or by the Authority of any*
Candidate otherwise tiian as hei^in provided shall be deemed laiUl
taken to be an illegal Payment, and upon* P^roof thereof such
Candidate shall forfeit the Sum of Ten Pounds with double the
Amount of such illegal Payment, and full Costs of Suit, to any
Person who will sue for t^e same : Provided always; that it shall
be lawful for any Candidate, by himself or his Ageht, to nattte*
any Banker through whom alone such Bills, Chiirges, dr Claiini^"
or Money, as aforesaid, shall be paid by the Election Auditor, and
in that Case the Election Auditor shall pay such Biils, Chaif^
and Claims by Cheques drawn on such Banker, to be counter-
fngned by the Candidate, or some Person on his Behalf speciailT'
appointed for that Purpose.

XIX. If the Election Auditor, by the Authority of any Can-'
didate, tenders or offers to pay any Sum in respect of any KU,-
Charge, 6r Claim sent in as herein-before provided, such Tender
^hill be taken for all Purposes to be the Tender of sti6h Can^*
didate, and may, in any Action or other Pn>ceeding brought
against such Candidate to recover the Amount of such ^11,
Charge, or Claim, be pleaded as such, or otherwise be^ made
available according to the Proceedings of the Court in wbicli
such Action or other Proceeding is brought or ean4ed on ; and if
diich Plea is pleaded, or if it shall be deemed advisable (ot anj
other Reason to pay Money into Court in any Action or otb^
Proceeding brought against a Candidate in respect of any IMbi^ty
alleged to have been incurred by htm Ht such Election, the Elec*-'
tiou Auditor niay, at the Bequest of the Candidate, and by Leave
of any One of the Judges of the Superior Courts of Common Law
at fVestminster, or of any One of the Judges of Her Majesty'fr
Superior Courts at DnbUn, or of any One of the Jui^es of the
Court of Session in SeotUmd^ as the Case may be^ pay mto Cbiitt
the Sum required ; and such Payment into Court by the EleOtlon
Auditor shall, for the Purposes of such Action, be deemed ttnd
taken to be and may be pleaded as Payment intoOourt by the
Candidate himself : Provided always, that on any Issue or Hearing
in reference to any such Tender or Payment of Money into
Court, it shall not be necessary to prove the Appointment of
the Election Auditor.

XX. Nothing in this Act contained (except bxS herein speciailly
provided) shall be taken to limit the Right of any Creditor to
bring any Action, or otherwise to proceed against A Candidate

for

A.D.1854; 17^ & 18*> VICTORIA G. 102. 396

for or in respect of any Expenses connected with the Election ; made in satis-
and if in any such Action or Proceeding final Judgment be ob- 'action to be
tained against the Candidate, such Candidate shall forthwith ^^^
send to the Election Auditor a Copy op Certificate of such Judg- ^'

ment ; and when and as the Monies recovered by the said Judg-
ments, or any Part thereof, shall be paid or satisfied by such
Candidate, or shall be obtained under or by virtue of any Execu-
tion, the said Candidate shall thereupon forward to the Election
Auditor a Statement of the Monies so paid or obtained in respect
of such Judgment.

XXI. No Candidate shall be allowed to compound or settle any Consent of
Action or other Proceeding brought against him in respect of any Aaditor neccs-
Ezpenses alleged to have been incurred by him in or about the ^^^n^A^
Election, or to confess Judgment in such Action or Proceeding, "®*"^
without the Consent of the Election- Auditor.

XXII. The personal Expenses of any Candidate, and the Candidate to
Expenses of advertising in Newspapers with reference to any p&y personal
Election, shall be defrayed by the Candidate himself or by his Expenses ^d
Authority, but a fuU and true Account of the Sums so paid in adw^g.
respect of the said Advertisements shall, as soon as conveniently
may be, be made out to the best of his Ability, and rendered to
such Election Auditor by such Candidate, and the Amount of such
Aeoount shall be included in the general Account of the Expenses
incurred at any Election to be made out and kept by' such Election
Auditor as herein*after provided.

XXin. ^ And whereas Doubts have also arisen as to whether Befreshments

* thie giving of Refreshment to Voters on the Day of Nomination *? ^S^ °^

* or Day of polling be or be not according to law, and it id ex- Jjoi^^^o^or
*' pedienf that such Doubts should be removed :' Be it declared polling declared^
and enacted, That the giving or causing to be given to any Voter SiegaL
en the Day of Nomination or Day of polling; on account of such j
Voter having polled or being about to poU, any Meat, Drink, or -
Entertainment^ by way of Refreshment, or any Money or Ticket I
to enable duch Voter to obtain Refreshment, shall be deemed an /
Sl^al AjcI, and the Person so offending shidl^orfeit the^Sum of/ /
"* Shillings for each Offence, to any Person who shall su^^ /

^-eaSfiTtgrethei* wflh'full Costsnof Su!t. • ♦ — - ' I I

^^^^-.^XXIV. No Person shall fiay or "fl^itm tU puf any Expenses of No Person to
any Election, or any Sum of Money whatever, in order oi* with a V^7 Expenses
j view 'to procure or promote the Election of any P^*aon to serve of Elec^ns,
I In ParHament, save to the Candidate at duch Election, or to or ^]^^ ^^ ^j^
I under the Authority of the Election Auditor, other than as ex- tion Auditor.
I ^epted and allowed by this Act ; and every Person who shall
' pay or agree to pay any such Expenses or Money as aforesaid,
I ^ BKve ad aforesaid, shall beoome liable to a Penalty of Fifty Pounds,
I ; snd of doable the Money so paid or agreed to be paid, to be re-
covered in an Aetion of Debt by any one who shall sue for the
mune: Provided, that if upon the Trial of any Action to i'ecover
any such Penalty or Penalties it shall appear to the Judge who
•hall try the same, that any such Payment shall have been made
cr agreed' t6 be made without any corrupt or improper Intention,
auch Judge may, if he shall think fit, reduce such Penalty oif
Penaltie«r to any Sum not less than Forty Shillings, and may alto,

if

I I

396

C.102.

17- & 18- VICTORIiE.

AJ).1854.

if he shall think fit, direct that the Plaintiff shall not be entitled

to Costs of such Action : Provided also» that no Expenses of or

relating to the Registration of Electors, and no Sabscriptions or

Contributions bond Jute made to or for any public or charitable

Purpose, shall be deemed Election Expenses within the Meaning

of this Act : Provided also, that in any Action to recover anj

Penalty under this Act it shall be lawful to the Court in which

such Action shall be brought^ or any Judge thereof, if they or he

shall think fit, to order that the Plaintiff in such Action shall give

Security for Costs, or that all Proceedings therein shall be stayed.

Candidates aj^^ XXV. Any Candidate, and his Agents by him appointed in

'^^v% ^22^"''^"^^°^' according to the Provisions of this Act, may, at any

l^re SimT '^*™® l^fore the Day of Nomination, pay any lawful and reason*

Elecidon. ^ I ^^^^ Expenses in respect of the Election which^he or they shall

I ^o^ftd^ believe fit and jproger to be paid, in reaJy^Joney andTthe
I Payment" or'wTuch"cannot conveniehlljr be postponed ; prodded,
I tHiff^e Candidate and his Agents shaII,'upoKbfT)eIo"feTEe Day
, I of Nomination, make out to the best of his Ability, and deliver to
I \ the Election Auditor, a full, true, and particular Account of all
f such Payments, with the Names of the Persons to whom they
I ! have been made, signed by such Candidate or his Agents respec*
I I tively, and no Payment so made shall be a legal Payment within
i I this Act unless such Account thereof shall be duly rendered to
II .the Election Auditor,
of ^^*v^ XXVI. The Election Auditor shall, as soon as he conveniently
can, make out a full and true Account of all the Expenses incurred
at the Election, specifying therein every Sum of Money paid to
him or paid by him or by his Authority on behalf of each Candi-
date, and of all Sums claimed, although the same shdl not have
been allowed or paid, and every Sum which has been paid into
Court as aforesaid, or recovered by Judgment against such Candi-
date, and to whom, by Name, such Payment was made, and for
what particular Debt or Liability ; and the Election Auditor shall
include in such general Account the Amount of the Sums paid by
each Candidate for Advertisements, and he shall specify therein
the total Amount of Expenses incurred by each Candidate ; and
the Account, when so made out, shall be duly signed by him :
Provided always, that, if it shall be found necessary', the Election
Auditor may from Time to Time make « out a supplementary
Account or Accounts, which shall be made and abstracted in
the Manner herein provided with reference to the first general
Account.

XXVII. The Election Auditor shall keep all Accounts which
shall come to his Hands in some fit and convenient Place, and
shall, at all reasonable and convenient Times, submit the same to
the Inspection of the Candidates and their Agents, and permit
them to take Copies of the same or of any Part thereof, upon
Eeciuest, and when such general Account as aforesaid shall be so
made out and signed by him, he shall keep the same in some fit
and convenient Place ; and such general Accounts shall be open
to the Inspection of any Person, and Copies tliereof or of any
Part thereof shall be furnished to any Person at all reasonable and
convenient Times, upon Request, such Person paying a Fee, at

the

Account
Election Ex-
penses to be
made out by
Election
Auditor.

Election Au-
ditor to keep
Accounts in
some conve-
nient Place
-which shall be
open to Inspec
tion.

A-D. 1854. V & 18» VICTORIA C.102. 397

the Rate of One Shilling for everj Two hundred Words, to a
Copjing Clerk, for the same ; and when the Election Auditor shall
have concluded the Business of anj Election he shall deliver over
all Accounts in his Hands to the Clerk of the Peace in Counties,
and to the Town Clerk or other Officer performing any of the
Duties of Town Clerk in Cities and Boroughs, and to the Sheriff
Clerk in Counties in Scotland, who shall allow them to he in-
spected by any Person, on the Payment of One Shilling, and shall
famish Copies of the same or of any Part thereof on the Payment
of a Fee, at the Rate of One Shilling for every Two hundred
Words, to Uie Copying Clerk ; provided always, that for any Copy
BO famished the Fee shall in no Instance he less than One Shil-
ling, and shall deliver over to the Candidates respectively the
Balance of all Monies, if any, and all Vouchers in his Hands,
except any Vouchers appertaining personally to himself.

XXVill. The Election Auditor shall also^ as soon as he conve- Election Aa-
niently can, insert or cause to be inserted an Abstract of such ditor to puUish
Account, signed by him, in some Newspaper published or circu- '^^^^^^ ®^ ^
lating in the County or Place where such Election is held ; and *"^ ^counts.
such Abstract of Account shall specify the Amount of each of such
Bills, Charges, or Claims admitted to be correct, or claimed and
objected to, and the Names of the Parties to whom the same shall
have been paid or are due, or by whom the same have been claimed
respectively.

XXIX. In case the Person appointed to act as Election Auditor Returning
should, before his Duties herein mentioned are completed, die. Officer to
resign, or become incapable of acting as such Election Auditor, it ^^"^^ "T^.
shall be lawful for the Returning Officer for the Time being to ^^^ in case'of
appoint some fit and proper Person to act as such Election Auditor Death, &c
in the Room of the Person originally appointed as aforesaid for
the Remainder of the then current Year of such Appointment ;
and the Returning Officer shall give public Notice of such
Appointment in the County, City, or Borough.

XXX« All Monies, Bills, Papers, and Documents of and relating Monies, &c
to the Election which were in the Hands or under the Control of ^ he handed
the Election Auditor going out of Office, dying, resigning, or S[!!i^ "®^
becoming incapable of acting as aforesaid, except R^ipts or ^uditw.
Vouchers for Payments actually made by such Election Auditor,
shall be handed over and transferred to the new Election Auditor
appointed as herein-before mentioned ; and such new Election
Auditor shall in all respects, or as near thereto as may be, have
tho same Powers and act in the same Way as if he had been
originally appointed previous to the Election : Provided always,
that it shall be lawful for such new Election Auditor, at all
reasonable Times, to have Access to and take Copies of or Extracts
from the Receipts or Vouchers above excepted.

XXXI. Every Candidate shall, before or at the Nomination, or Appointment
as soon after as conveniently may be, declare to the Election and Notification
Auditor in Writing the Name or Names of his Agent] or Agents of Agents.
for Election Expenses, who shall be appointed in Writing, and
that he has not appointed and will not appoint any other Agent
without in like Manner declaring the same to the Election Auditor,
and no other than such Agents shall have Authority to expend

any

388

.a 102.

17!^ & \8^ YICTORIJE.

.A.D.1854.

KonaSfuitioti of
absent Candi-
dAteff'Ezpensef.

PayUentfi be-
fore pacing of
Act

4itcn;kotrpaid.

In Actions for
Penalties
Parties, &c. to
be competent
Witnesses.

Any Monc}? of incnr any Expenses of or rcladng to the Election,
in the Name or on the Behalf of the Candidate ; and such Agents
may pay any of the current Expenses of the Election necessary to
be paid in ready Money, provided that such Agents shall make
out, to the best of their Ability, and render, from Time to Time,
true and particular Accounts to the Election Auditor of all su<^
Payments ; and every such Aigent shall, as soon as conveniently
inay be after his Appointment as aforesaid, make and sign the
following Declaration :

' T r^.B.], being appointed an Agent for Election Expenses by
^ iX. y. J, a Candidate at this Election, do hereby solemnly and
' sincerely declare. That I have not knowingly made, authorized,
' or sanctioned, and that I 'will not knowingly make, authorize, or
' sanction any Payment on account of this Election, otherwise
' than through the Election Auditor, save as excepted and allowed
* by " The Corrupt Practices Prevention Act, 1854."'

XXXII. In case any Person shall be proposed and seconded
at any Election in his Absence, and without his previous Autho-
rity, it shall lie lawful to the Persons proposing and seconding
such Person to pay and agree to pay the lawful Expenses of the
Election of such Person ; and such Proposer and^oonder having
agreed to pay such lawful Expenses shall become liable to pay
the Fees hereby made payable to the Election Auditor, and pay
any of the lawful Expenses of such Election, in like Manner and
upon the same Terms and Conditions as herein provided conQem-
ing Agents for Election Expenses appointed in Writing by the
Candidates.

XXXm. If any Candidate at any Election, or any M^nber
hereafter returned to serve in Pariiiament, shall before the passing
of this Act have paid any Money for or in respect of any Election
hereafter to be held, or any Expenses thereof, such Person ahall,
to the best of his Ability, deUver % full, true, and pa^cular
Account of such Pajrment or Paymaits to the Election Auditor.'

XXXIV. Every such Election Auditor shall be paid and be
entitled to receive, by way of Remuneration to him for his Ser-
vices in and about the Election, the Sum 9f Ten Pounds from
each Candidate at the Election, as and by way of First Fee ; and
a further Commission, at the Rate of Two Pounds per Centum,
from each Candidate upon every Payment made by him for or in
respect of any Bill, Charge, or Claim sent in to such Election
Auditor as herein-before provided ; and the reasonable Expenses
incurred by the Election Auditor in the Business of the Election
and the Performance of his Duties pursuant to this Act shall
form Part of the Election Expenses, and shall be paid rateably
and proportionably by the Candidates respectively.

XXXV. On the Trial of any Action for Recovery of any
peouriiary Penalty under this Act, the Parties to such Action,
and the Husbands and Wives of such Parties respectively, sliall
be competent and compellable to give Evidence in the same
Manner as Parties, and their Husbands and Wives, are competent
and compellable to give Evidence in Actions and Suits under the
Act of die Fourteenth and Fifteenth Victoria^ Chapter Ninety-
nine; and '^ The Evidence Amendment Act^ 1858," but subject

to

iVJ).18p4. W & 18" VICXOKI.^ a IQ2. 399

to and with the Exceptions contained in such several Acts : Pro-
vided alwajSy that anj such Evidence shall not thereafter be used
in any Indictment or Criminal Proceeding under this Act against

-"tiie Partr giving It.
/ f X aX VL If any Candidate at an Election for any County, Cuididate
J City, or Borough shall be declared by any Election Committee goU^ofBrib-
* guilty, by himself ^r his Agents, of Biibery, Treating, or Vi"^j^® tX"**^t^^^

3aiididate shalT be incat)able of jfe* ^ ^ ^

Influence at sqch l^lectiod, such Caiididate shalT be incapable of ^ *
bemg elected or fitting ih Parliament for such County, City, or
BBgough during the Parliament then in existence.

. I XXXVILK cTling tWs Aclin any I^trument, Document, or Short Title.

*/ Proceeding, or for any Purpose whatsoever, it shall be sufficient
tQ nso the Expression " The Corrupt Practices Prevention Act,
1854.'' *

XXXVUI. Throughout this Act, in the Construction thereof, Interpretation
e^ccept there be something in the Subject or Context repugnant of Terms.
1A>surh Construction, the Word "County" shall extend to and
mean any County, Riding, Parts, or Division of a County, Stew-
artry, or combined Counties respectively returning a Member or
'Metnbers to serve' in Pai^ament ; and the Words '* City or Bo-
Jtmgh"- shall mean any University, City, Borough, Town Corpo-
rate, County of a City, Cbunty of a Town, Cinque Port, District
of Burghs, or other Place or Combination of Places (not being
a County as herein-before defined) returning a Member or Mem-
befs to serve in Parliament; and the Word '^Election" shall
meao ^he. Elecf^ion of any Member w Members to serve in Parlia-
ment ; and the Words "Returning Officer" shall apply to any
Person or Persons to Whom, by virtue of his or their Office,
under any Law, Custom, i<Mr Statute, the Execution of any Writ
or Precept doth or shall tbelong'for the Election of a Member or
Members to serve in Parliament, by whatever Name or Title such
Person or Persons may! be called; and the Worda '^Revising
Barrister " shall extend to and include an Asfiistant Barrister and
Chairman presiding in itny Court held for the ]l^vision of the
Lists of Voters, or his Debuty in Ireland^ and a Sheri£f or Sheriff's.
Court of Appeal in Seotlamllznd every other Person whose Duty ' , '

it may be to hold a Court for the Revision and Correction of the
Lists or Registers of Voters in any Part of the United Kingdom ;
and the Word " Voter" shall mean any Person who ha& or claims
to have a Right to vote iii the Election bf ^ Member or Metnbers
to serve in Parliament; and the Words " Candidate at an Elec-
tion" shall include all Persons elected as Members to serve in
Parliament at such Election, and all Persons nominated as Candi-
dates, or who shall hav^ declared themselves Candidates at or
before such Election ; and the Words " Personal Expenses," as
used herein with respect to the Expenditure of any Candidate's
relation to any Election, .shall include the reasonable Travelling
Expenses of such Candidate, and the reasonable Expenses bf his
living at Hotels or el3ew|iero for the Purposea of and in relation j '
to such Election. . •

XXXIX. This Act sluiU continue in force for One Year next DbnitioD of
after the passing thereof, and thenceforth to the End of the then Act./

next Session of Parliament. ■ •— - — , /

The ' /

/

400

C.102.

17^&18oVICTORLaL

JLD.1854.

The SCHEDULE A. above referred to.

Date of Act

Title of Act

Extent of Repeal

7 W 3. c. 4.
A.D. 1695.

2 G 2, c. 24.
A.D. 1729.

16G. 2.C. 11.

43 G. 3. c. 74.
A.D. 1803.

49 G. 3. c. 118.
AD. 1809.

An Act for preventing Charge
and Expense in Elections of
Members to serve in Parlia-
ment.

An Act for the more effectual
preventing Bribery and Cor-
ruption in the Election of
Members to serve in Parlia-
ment.

An Act to explain and amend
the Laws toucfhing the Elec-
tions of Members to serve
for the Commons in Parlia-
ment for that Part of Great
Britain called Scotland, and
to restrain the Partiality and
regulate the Conduct of Re-
turning Officers at such Elec-
tions.

An Act for further regulating
the Administration of the
Oath or Affirmation required
to be taken by Electors of
Members to serve in Parlia-
ment by an Act passed in the
Second Year of King George
the Second, intituled *' An
" Act for the more effectual
" preventing Bribery and
*' Corruption in the Election
" of Members to serve in
Parliament."

An Act for better securing the
Independence and Purity of
Parliament, by preventing
the procuring or obtaining
of Seats in Parliament by
corrupt Practices.

The whole Act

All the Act, except the
3d Section, prescrib-
ing the Oath to be
taken by Returning
Officers, and except so
far aa the Penalties
and Provisions of the
said Act are applica-
ble to the false taking
of such Oath, and the
Neglect to take the
same.

So much of the Act as
is contained in the 33d
Section.

The whole Act.

The whole Act

A.Da854.

17* & 18* VICTOBLE.

C.102.

401

DsteofAet

Title of Act

Extent of BepeaL

4 G. 4. c 55.
A.D. 1823.

7 & 8 G. 4. c. 37.
A.D. 1827.

2 & 3 W. 4. c. 65.
A.D. 1832.

2 & 3 W. 4, c. 88.
A.D. 1832.

5 he Vict. c. 102.

An Act to consolidate and
amend the several Acts now
in force, so far as the same
relate to the Election and
Return of Members to serve
in Parliament for Counties of
Cities and Counties of Towns
in Ireland.

An Act to make further Re-
gulations for preventing cor-
rupt Practices at Elections
of Members to serve in Par-
liamenty and for diminishing
the Expense of such Elections.

An Act to amend the Repre-
sentation of the People of
Scotland.

An Act to amend the Repre-
sentation of the People of
Ireland.

An Act for the better Discovery
and Prevention of Bribery
and Treating at the Election
of Members of Parliament.

So much of the Act as
is contained in the
48th, 79th, and 81st
Sections.

The whole Act.

So much of the 26tb
Section of the Act
and the Schedule (K)
thereto annexed as
relates to the Oath
or Affirmation against
Bribery to be put to
any registered Voter
at any Poll or Election.

So much of the 54th Sec-
tion of the Act as re-
lates to administering
the Oath or Affirma-
tion against Bribery.

So much of the Act as is
contained in the 20th
and 22d Sections.

SCHEDULE B.

No. 1. — Proclamation to be used in Counties,

Election of Knight, ^c.

The Sheriff of the County of will, at

the Day of now

next ensuing, proceed to the Election of a Knight or Knights,
Member or Members J^^ ^^^ Case may 6e] for the County or
Division of a County \as the Case may 6e], at which Time and
Place all Persons entitled to vote at the said Election are requested
to give their Attendance.

And take notice. That all Persons who are guilty of Bribery at
the said Election will, on Conviction of such Offence, be liable to
the Penalties mentioned in that Behalf in ** The Corrupt Practices
Act, 1854."

17 & 18 Vict. D d And

4f>9 CJ* 102j 103. 17" & 18* VICTORI-ai A.D,1854.

^ —'- And take notice, That all Persons who are guilty of Treating

or undue Influence at the said £lection will, on Convictipn of
such Offence, be liable to the Penalties mentioned in that Behalf
in " The Corrupt Practices Prevention Act, 1854."

Signature of the proper Officer.

No. 2. — Notice of Election in Boroughs,
Citj or Borough of Day of

In pursuance of a Writ received by me
for electing >a Burgess or Bnrgestes [as the Case may he"], to serve
in Parliament for the City or Borough \a» the Case may be\ I do
hereby givo Notice, that I shall proeeed to 'Election accordingly
on the , Day of .»*..•. ^^

o'Oloek in , when and where all

Persons concerned are to give their Attendance.

And take notice, That all Persons who are guilty of Bribery at
the said Election wiH On Conviction of such Offence, be liable to
the P^nidties mentioned in that Behalf in "The Corrupt P^actlc«
Prevention Act, 1854."

And take notice. That all Persons who are guilty of Treating
or undue Influence at the said Election will, oif Conviction of such
' Offence, bej liable to the Penalties mentioned in that Behalf in
'* The ()orrUpt Practices Prevention Act."
* ' ! ! Signature of the proper Officer,

. ; CAP. cm. • , ,. .

-• '. . 4 An Act to make better Provision for the paving, lighting,,
draining, cleansing, supplying with Water, and Kegolatioa
of Towns in Ireland. [10th August 1854.]

' \VrHEBEAS it is expedient to make b^ttir Provisipp for the
\ » , ' *^. pavjng, lighting, draining, cleansing, supplying with Water^

^ and Begulation of iTowns in Ireland^ and to extend to such Towns
10 & 11 Vict * certain. Provisions of ** The CommLssioners Clauses Act, 1847,**
c 16. * and of *< t^e Towns Improvement Clauses Act, 1847," and of

.10 4^lLYiiSfe — ^certain otW Acts -herein-after mentioned: V- Be- it^nacted by the
^ * Queen's most Excellent Majesty, by and with the Advice and Con-

sent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority .of the same,,
as follows 5
Interpretation ^' ^® following Words and Expressions in this Ajct shall have
of Terma in the Meanings here.by assigned to them, unless there be sonj^thing
this Act in the Subject or Context repugnant to such Construction ; (that

is to aayi) the Word "Town** shallnjean andinqlude aCityv »To>t*
Corporate, Borx)ugh, .Market Towi^ or other Town vs^Irjdmd^ con/*
gaining a Population of One thousand flv<e l^undred Inhi(i}>itaqt^ ^
upwards, as ascertained by tlieir last Population Betu^:^ ynadepwt^
suant to Act of Parliament ; the Expression. '/ the L9rdLieute^a9^?
or ** Lord Lieutonant of Ireland" shall include any other ^Chiieif po-
vernor or Qoyernors of Ireland; the .Word *' Justjlc^^,'' »b JES^s^.a^^
icelate^ to any Town, situate in the Dublin Metropolitan J^pllca
District, shall be construed to mean the Divisional Magistrate^ xi

the

A.D.18a4. . 17" & 18" VICTOHI^. .C. 103. 403

the said Police District ; the Word " Person," and Words applying
to any Person or Indiyidual, shall apply to and include Ccupora-
tions ; the Word ^'Householder " shall mean a Male Occupier of a
Dwelling House, or of any Lands, Tenements, or Hereditaments
within the prescribed Boundaries of the Town rated to the Relief
of the Poor in respect thereof ; the Word " Occupier " shall ex-
tend to and include an inunediate Lessor made liable under this
Act to Assessments in Cases of Premises of such small annual
Value as herein* after mentioned respectively in that Behalf, and
such Word '* Occupier " shall not include a Lodger or a Party in
the Occupation as Tenant of a furnished House let for a less
Period than One Year, but shall include the Party by whom sudi
furnished House is so let ; the Expression '* Lodging House " shall
mean a House in which Lodgers are housed for a less Period than
One Week at a Time, at an Amount not exceeding Fourpence per
Head per Night ; the Word '' County " shall include a County of
a City or County of a Town ; the Expression " the Commissioners"
shall mean a Majority of the Commissioners for the Purposes of
this Act acting in and for a Town by which this Act has been in
whole, or in part adopted ; the Word '* Treasurer" shall mean any
Bank or Banking Company appointed by the Commissioners to act
as th»r Treasurer ; the Word '' Lands " and the Word '' Premises "
afaail indude all Lands, Springs, Dwelling Houses, Shops, Ware*
-houses. Vaults, Cellars, Stables, Breweries, Manufactories, Mills,
and other Houses and Buildings, and Yards and Places ; the
Word "Street" shall extend to and include any Bead, Bridge,
Lane, Square, Court, Alley, and Thoroughfare or public Passage ^
file Word '* OatJi " shall include Affirmation in the Case of Quakers^
and Declaration in the Case of Persons allowed by Law to make
a Dedaration in lieu of an Oath ; the Word " Owner," used with
reference to any Lands or Premises in respect of which any Work
is required to be done, or any Assessment paid under this Act,
shall mean the Person for the Time entitled to receive, or whcs if
such Lands or Premises were let to a Tenant at a Rackrent^ would
beentitled to receive the Backrent from the Occupier thereof; the
Expressicm ^^ Assistant Barrister" shall mean the Assistant Barris-
ter fas the County or Place in which the Lands or Ptemises in
question are situate, and shall also include the Chairman of. the
fieastons of the Peace of the County of Dublin ; the Expressicm
^' Backrest** shall mean Bent which is not leas than Two Thirds
foi the full net annual Value of the Property out of which the
Bent arises, and the full net annual Value shall (save i^ regards
any Valuation for Poor Rates or Valuation for Assessments under
this Act) be taken to be the Bent at wliich the Property ought
reasonably to be expected to let from Year to Yeas, free from
all Quit Bent, &ad Bent, Ground Bent, and usual Tenants Bates
and Taxes, and deducting therefrom the probable annual Cost of
the Repairs, Insurance, «nd other Expenses (if any) necessary
to maintain the same in a State to command sucb Rent ;. the
iEaqyiBBsion *^ private Assessment" shall mean any Assessment
hr Charge on Indiyiduals for private Improvement, Expenses, or
for House Drainage^ or otherwise under this Act ; the Expressioa
^District Assessment" shall mean any Assessment other than a
^private Assttiment " which is confined only to a Portion or Dis-

D d 2 trict

404

C.103.

17*^ & 18« VICTOltlJE. A.D.1854.

Short Title of
this Act

Form in
which FortionB
of this Act
may be incor-
porated in
other Acts, or
in Documents.

On Application
of Twenty-one
Eight Pound
Householders
of any Town,
Lord Lieu-
tenant may
order Mayor,
&c. to convene
a Meeting to
consider the
carrying
this Act into
execution
therein.

trict of any Town ; the Word *' Cattle ** shall indade any Horse,
Mare, Gelding, Foal, Colt, Filly, Bull, Cow, Heifer, Ox, Caif, Ass,
Mule, Ram, Ewe, Wether, Lamb, Goat, Kid, or Swine ; the Ex-
pression '< lawful Day" shall mean a Day not being Sunday,
Christmas Day, or Goad Fridayy and when any Number of Days
is appointed by this Act the same shall be construed to mean such
lawful Days, and be computed inclusive of the first and ezcluave
of the last of such Days ; Words importing the Singular Number
shall include the Plural Number, and Words importing the Plural
Number shall include the Singular Number ; and Words importing
the Masculine Gender (except only the Word ''Male'')8hall include
Females.

U. In citing this Act in other Acts of Parliament, and in legal
Instruments, and in pleading, it shall be enough to use the Ex-
pression <' The Towns Improvement {Ireland) Act, 1854."

HI. For the Purpose of incorporating Part only of this Act
with any Act hereafter to be passed, it shall bo enough to describe
the Clauses of this Act with respect to any Matter in the Words
introductory to the Enactment with respect to such Matter, and
to enact that the Clauses so described, or that this Act, witli the
Exception of the Clauses so described, shall be incorporated with
such Act, and thereupon all the Clauses of this Act so incorporated
-shall, save so far as tbey are expressly varied or excepted by such
Act, form Part of such Act ; and such Reference to said intro-
ductory Words shall also be a sufiicient Incorporation thereof in
any Notice, Application, or other Proceeding under this Act.

lY. Upon the Application of Twenty- one or more Householders
of any City or Town in Ireland, each of such Householders
occupying a Dwelling House or other Lands, Tenements, or Here-
ditaments within such City or Town, and rated in respect thereof
to the Relief of the Poor at a net annual Value of Eight Pounds
or upwards, applying that this Act or that specific Portion thereof
(described as hercin-beforo provided) may be carried into execu-
tion in .such City or Town, which Application shall spedfy the
Boundaries proposed for the Purposes of this Act, and a Copy of
which Application shall be inserted in the Dublin Gazette and in
One or more Newspaper or Newspapers published in such City or
Town, and if none be therein published then in One or more
Newspaper or Newspapers published nearest to such City or
Town, it shall be lawful for the Lord Lieutenant of Ireland, One
Month after Receipt of such Application, and if he shall approve
of such proposed Boundaries, to order and direct that the Mayor
or other Chief Magistrate of such Town (being a Corporate
Town), or the Chairman of the Municipal Commissioners under
the Act of the Third and Fourth Years of the Reign of Her
present Majesty, Chapter One hundred and eight, wherever the
same shall be in force, or any Two or more Justices of the Peace
resident within Ten Miles of such Town, shall convene a Meeting
for the Purpose of considering the carrying of this Act into
execution, and One of them shall preside thereat, such Orders and
Directions to be signified by the Chief Secretary of the Lord
Lieutenant, or in his Absence by the Under Secretary ; and a
Copy of such Orders and Directions, with the Names of the
Parties signing the Application for the same, and the Boundaries

so

A D.1854. 17« & 18« VICTORIES. C. lOS. 405

so approved of shall be interted, under the Direction of Bach Chief
or under Secretary in sach Gazette and Newspaper or Newspaper
as aforesaid.

V. Any SQch Order and Direction as aforesaid shall describe Order to
and specify the proposed Boundaries, for the Purposes of this Act, g>ecify the
of such City or Town, and the same shall be in like Manner pub- ^^^^^^
lished in such Gazette and Newspaper or Newspapers as aforesaid; Pomoges of
and if this Act shall be adopted in manner herein mentioned, in this Act
the wiiole or in part, such Boundaries, so approved of as aforesaid, if Act adopted
shall be deemed to be the Boundaries of such City or Town for same to be the
the Purposes of this Act : Provided always, that, in case it shall Boundaries.
hereafter appear necessary, it shall be lawful for the Commis-
sioners, by and with the Consent of the Lord Lieutenant, to alter
or extend the Boundaries of such City or Town ; and such altered
or extended Boundaries shall then be deemed to be the Boundaries
of such City or Town for the Purposes of this Act.

YL Such Meeting shall be holden at some convepient Place Notice of
within such City or Town, and the said Mayor, or other Chief •^ch Meeting,
M^istrate, or Justices, as the Case may be, shall within Ten ^^ ^ ^^^
Days after the Receipt of such Orders and Directions signified as ^ ^^*°'
aforesaid, appoint and notify a Place within the Town, and a Time
for holding such Meeting, which Time shall not be less than Ten
I>Bys, and not more than Twenty-one Days, from the Time of so
first notifying the same ; and such Notification shall be made by
affixing Notices by Handbills Ten Days before the Day of the
Meeting, in the Form in the Schedule marked (A.) to this Act
annexed, on the Outside of the principal Doors of every Parish
Church and Roman Catholic Chapel (if any) situate within such
Town, and on the principal Market House or Place where Markets
are usually holden in the same, and on the Door of the Sessions
House where the General Quarter Sessions of the Peace shall be
holden for such City or Town, or for the Division in which the
same shall be situate, and also by causing a Notice of like Purport
to be inserted twice in any Newspaper or Newspapers published
within such City or Town, and if none be therein published, then
in the Newspaper published nearest to such City or Town.

Vn. At any such Meeting convened as aforesaid such Persons At such Meet*
as next herein-after mentioned shall be admitted and entitled to *°^^/"^
vote, and no other Person whatsoever ; that is to say, every Person y^ ^ Poor
of full Age who is the immediate Lessor of Lands, Tenements, and xuttes for
Hereditaments within such Town, or within such Boundaries of Premises of the
the same respectively as aforesaid, of the Value of Fifty Pounds Value of 8^
or upwards according to the last Poor Law Valuation, and who JJjithin the
shaU reside within Five Miles of the Boundary of such Town, vol^*''
also every Person of full Age who shall have occupied as Tenant
or Owner, or shall have been the immediate Lessor (rated for such
Premises to the Relief of the Poor) of any Lands, Tenements, or
Hereditaments within such City or Town, or within such Boun-
daries of the same respectively as aforesaid, and shall have been
rated in respect of such Premises for the Period of Twelve Months
preceding under the Acts for the Relief of the destitute Poor in
Ireland^ as Occupier of such Lands, Tenements, or Hereditaments,
at a net annual Value of Eight Pounds or upwards, such Right of
voting to be evidenced by the Rate Book of the Union, which the

D d 3 Clerk

406

C.103.

J7^ & 18« VICTORIA

A.D.1854.

Right of Toti^g
to be decided
by Chaimuuu

Powep.of
Meeting to
adopt £is
Act^ or to
decline to
adopt it

Expenies
attending the
calling First
Meeting, &c.,
how to be
borne.

Chairman to
declare the
Determination
of the Meeting.

Minority
. sufficient

Poll Books to
be provided-

Clerk of the UbiOii is hercbj required to pit>duce at such Meetings
»nd if any Controversy shall arise at any such Meeting as to the
Qualification or Right of voting of any Person claiming to vote^
or to be qualified, such Controversy shall be detennin^i by the
Person or Persons, as the Case maybe, presiding at such Bleetliig,
by Reference to the Rate Book which the Clerk of tiie Union is
hereby required to produce at such Meeting.

VIII. Such Meeting, after having had this Act laid befim
them, together with a Copy of such Application and such Order
as- aforesaid, shall proceed to consider and determiae whether
this Act shall, in whole or in part, be adopted and> carried into
execution within such Town, or shall appoint a Committee of
their own Number, not exceeding Nine, to inquire and report^ to
some future Meeting, to be held on such Day as shall be appointed
by such MeeUng ; and such future Meeting shall, upon reoeivini^
the Report of such Committee, proceed in all respects in the
Manner herein directed for such Meeting.

IX. If the Provisions of this Act shall be adopted in whole mr
in part, all the Expenses incurred in relation to calling the First
Meeting, making out Returns and lists of qualified Occupiers^ if
such be necessary, and otherwise in relation to eariTing this Aet
into execution, shall be defrayed out of the Money assessed and
levied under the Authority thereof ; but in case the Provisions of
this Act shall not be adopted hy such Meeting as aforesaid, in
whtle or in part, then the whole of said Expenses shall be borne bf
the Persons signing the Application for holding such Meeting.

X. The Person or Persons presiding at such Meeting akaXL
ascertain the Determination thereof by a Show of Hands, or in
such other Manner as shall appear to him or them expedient^ and
if necessary shall appoint Two such Ratepayers, qualified as afora«
said, to act as Tellers to ascertain and enumerate the Votes of
qualified Persons assenting to or dissenting from the Adoption of
^is Act, in whole or in part, and such Tellers shall report the
Result of their Scrutiny to such Person or Persons predding at
such Meeting, who shall declare the same ; and in case no Poll
shall be demanded, as herein-after provided, any Resolution to
adopt the Provisions of this Act, in wh<^e or in part, shall be
effectual if carried by a Majority of Persons qualified and voting
as aforesaid : Provided always, that if a Poll shall be dooianded
as aforesaid at such Meisting, in Writing, and signed by any Ten
Persons qualified to vote at such Meetihg, it shidl then he lawful
for the Person or Persons presiding at sneh Meeting, and he or
they are hereby required, to direct the Poll so ^imanded to be
proceeded with at such Polling Place or Places and within sudi
Period as he or they shall determine, such Period not to exceed
Two clear lawful Days from the Day of such Meeting ; and no
Poll authorized by this Act to be taken shall be kept open for
more than One Day, and the Polling shall commence at the Place
or Places intimated at Nine o'Olock of the Forenoon, and close at
Four o'clock of the Afternoon of the Day that shall be named.

XI. Such Chief Magistrate, Mayor, or Justices shall direct the
necessary Number of Poll Clerks to be appointed, and of Poll Books
to be prepared, in which Books shall be inscribed by sudi Clerks
the Name of the Voter and the Manner in which he votes.

xn. As

AiB.1854 17« & 18f» VICTOBl-aX C. I03w Wt

« * Xn. Aa soon nftQF thd Close of the Boll aa may be the Poll Stateof Poll to

Olefh* shsll tftnanit the State of the respectiTe Polls to such be aseertamed

Chief Magistrate, Major, o^ Justices, who shall sum up the samct ^^ dedaied.

and oponlj declare the BeBiilt of the total PolLat an ac|joHniieid

Meetitig to be held on the next lawful Daj ; and anj* Rettolution -

to adopt the Provisions of this Act, in whole or in part, shall be

efectaal if carried bj a Majority of the Persons qualified and

ftatiiw as aforesaid

' XIIL l£ soeh Resolution shall be to adopt this Act only in part, How Mlnates

the Matter or Matters with respect to which this Act is so adopted of Meeting to

ihallbe set forth anddeolaredin the Minutes of sueh Meeting in the ^ ^^J^^^.

Words introductory to the Enactment in this Act with respect to ^ ^ly "*

auoh Matters, or it shall be set forth and declared in such Minutes

that i^oB Act, with the Bxceptioa of the Matter or Matters so

dieecribed, Is so adopted $ and any Adoption of this Act, though in

part- only, shall infer the Adoption of the Elnactnents with ro-

flpect' to 'Assessments, and shs^l alao infer the Adoption of the

Biaetments with ' respect to Appeal herein-after preinded in so

Ihr as the Enactments relate to this Matter or - Matters adopted,

wind shall also infer the-Adoptionof every other general Enact*

liettt or Enactments applicable to such Mlttter or Matters, though

bM MociaUif set forth and declared in sudv Minutes to be- adopted.

' XiV. Where' any Town shall have tesolved not to adopt the Act, if not

Pro«qeiona of this Act, the Householders and Occupiers thereof, sdopted,maybe

ftaHfled in • each Case respectively as aforesaid, may, after the [e-erasitoed

Expiration of Two Years from the Date of any preceding ^^^^^'*

Meethig, but not sooner, by such and the Mke ' Proceedings, partraJj^ln

igalnr ^e this A^ into consideration, and adopt the eanie in Two Months.

trikcrfe or in part, or determine not to adopt the same; and when

any Town sliaU have adopted them only: in part^ the Househdders

and 'Occupiers thereof, qualified in each Case respectively as

ifbressjld, may, after the Expiration of Two Months from the

Date of any preceding Meeting, but not sooner, by such and the

like Proceedings, again take this Act into oonsideradon, and adopt

aoch Ptrt thereof as may not formerly have been adopted, or de*

termine not to adopt the same.

XV, The Person or Persons presiding at such Meeting shall^ Certified Copy
within One Week, transmit to the Lord Lieutenant of Irdand% of Betermi-
€opy, certified under his or their Hand, of the Besolution and Sm^w to
Determination of such Meeting as aforesaid, and within One LordL^
Ifonth after such Besolution or Determination shidl have been so tenant
Certified, in case such Resolution or Determination shall be in
fe/fwxt of adopting the Execution of this Act in whole or in
part ; and in case the Lord Lieutenant shall approve of the same. If Lord Lieu-
fae shall notify his Approbation thereof to the said Person or tenant approve
Persons, and file the Number of Commissioners to be elected for of Detennina-
oartying thia Act into execution in such Town, and cause< Notice AOTi^^n to
of such Approbation to be published in the Dublin Gazette ; and be published in
^m and alter a Day to be named in such Notice in that Behalf^ Gasette, and
either the whole of this Act or the Portion thereof so adopted Act pat in
and approved shall be applicable to and in force in such Town ; fo*^ accord-
and the Production of a printed Copy of such Gasette containing ^<v*
Mch Notice shall be deemed and uken to be in all Courts and
Places final and conclusive Evidence for all Purposes that all the
L D d 4 Proceedings,

40ft C.103. 17** & 18* VICTOEIiE. AJ>.1854.

Proceedings, Acts, Matters, and Things required b^ this Act to
be had or done for the Adoption of this Act in whole or in part
were well and sufficiently done, and that the Act is in force in
whole or in part, as the Case may be, in the Town to which sach
Ntttiee to itat« Notice relates ; and the said Notice shall further state the Number
Nnmber of of Commissioners to be elected for carrying tliis Act into exe-
Wards, &c cution in such Town, and the Number and the Boundaries of
In Corporate Wards into which such Town is to be divided ; provided that in
Towns, Town ^.^^g^ ^f ^g^y Borough or Town Corporate in Irekmdy the Town
lil^cipaf Council of such Borough, or the Board of Municipal Commia-
Board to be the sioners elected under the Provisions of the Act of the Third and
CommissioDers. Fourth Years of Her present Majesty, Chapter One hundred and
eight, wherever the same shall be in force, shall be the Commis-
sioners for carrying this Act into execution therein, where the
Adoption of this Act, in whole or in part, shall have been de-
termined on and approved in manner aforesaid ; and in such Case
no such Statement as last aforesaid of Division into Wards, or
of the Number of Commissioners to be dected, shall be contained
in such Notice ; and the Lord lieutenant shall appoint some fit
and proper Person to divide such Town into Wards, and to det^-
mine and set out the Extent, Limits, and Boundary Lines of such
Wards, and what Portions of such Borough shaU be included therein
respectively ; and the Copy of the Particulars of such Division,
together with the Number of Commissioners assigned as herein-
after mentioned to each Ward, shall be forthwith transmitted to
the Chief Secretary of the Lord Lieutenant ; and if it shall be
approved of by the Lord Lieutenant, with the Advice of the
Privy Council, shall be published in the Dublin Gazette; and
another Copy of such Particulars shall be delivered to the Town
Clerk, or such Officer of the Town as the Privy Council may
direct, to be by him safely kept among the public Documents of
the Town, and such Division shall continue and be in force until
the same shall be altered by the Authority of Parliament ; and
the Person so appointed to divide the Town into Wards shall also
apportion among the several Wards of such Town the Number of
Commissioners appointed for the Town by the Lord Lieutenant ;
and in assigning the Number of Commissioners to each Ward,
such Person shall, as far as in his Judgment he may deem it
practicable, have regard as well to the Number of Persons rated
to the Relief of the Poor in each Ward, aa to the aggregate
Amount of the Sums at which all the said Persons shall h^ so
rated, and such Apportionment of Commissioners shall be sul^ect
to the like Approval of the Lord Lieutenant and Privy Council r
Provided, that in case the Lord Lieutenant and Privy Council
shall not approve of the said Division or Apportionment, the
Lord Lieutenant shall remit the same either to the Perstm
originally appointed, or to some other Person, to make a new
Division and Apportionment, subject to the like Aj^roval, and
so from Time to Time until such Division and Apportionment
shall be definitely approved of.
Nnmber of XYL The Commissioners for the Purpose of executing this

Commissioners. Act, to be elected as herein provided, shall be in Number not
less than Nine nor more than Twenty-one, as may be determined
as aforesaid, such Number to be diviaible by Three ; and where

the

A.D.1854. 17** & 18* VICTORLaS. C. 103* 409

ihe Town shall be divided into Wards aa aforesaid, the Number If the Town
thereof^ and the Number of Commissioners to be elected, shaU be divided into
be so settled and adjusted that there shall be not less than Three ^^rds.
such Commissioners for each such Ward.

XVIL In any Town where the Act of the Ninth Year of King Where 9 G. 4.
George the Fourth, Chapter Eighty-two, shall be in force, and by c. 82. in force
whi^ Town Application shall be made and Proceedings had in ^ ^7 Town,
manso! aforesaid under this Act, then, from and after the First JJ"*^Jfo^
Election of Commissioners under this Act for such Town, the i^b^Fim^'^
said Act of the Ninth Year of King Creorge the Fourth shall Election of
be no longer in force therein, save and except as to Matters or Commissioners
Things theretofore done, and as to any Debts, Demands, Rights, «nderthis Act.
liabilities, or Engagements theretofore incurred or accrued under
the Proyisions thereof; and all and every the Powers, Duties,
and Anthorities conferred upon or vested in the said Commis-
sioners, whether by Statute or otherwise, and all Property, (in
duding all Property vested in the said Commissioners under the
Ptovisions of the Act of the Third and Fourth Years of Her
present Majesty, Chapter One hundred and eight,) and all Claims,
Demands, and liabilities or Engagements of the Commissioners
under the said Act of the Ninth Year of King George the Fourth,
shall be transferred to and vested in the said Commissioners under
this Act

XVIII. Where any Local Act in force in any Town before the Where a Local
passing of this Act provides for any of the Purposes for which Act m any
Provision is hereby made, this Act shall not be adopted or put in Town provides
force therein in manner herein provided, so far as relates to any ^^J^^f ^hL"
of the Purposes for which Provision is made under such Local Act, this Act
Act, without the Consent in Writing of Two Thirds of the Com- not to be put
missioners or governing Body, constituted for the Purposes of in force with-
such Local Act, first had and obtained at a Special Meeting of 5** P'*^"^^
such Commissioners or governing Body, called upon Ten Days Two TOrds of
previous Notice at the least (to be published in the Manner and Commissioners
for the Time herein*before mentioned), but this Act may without under Local
such Consent be adopted and put in force for other Purposes for Act
which Provision is not made under such Local Act ; but in such After Adoption
Case where such Consent is hereby required, and has been had, of this Act, and
then, from and after the Adoption of this Act in the whole or in I irrt Election
part and the First Election of Commissioners under this Act for gionCT^^Local
such Town, such Local Act shall be no longer in force in, such ^et to be no
Town, so far as regards the Provisions of such Act which have longer in force
Reference to the Purposes for which this Act shall have been so for the Pur-
adopted, save and except as to Matters and Things theretofore poses of this
done, and as to any Debts, Demands, Rights, or Liabilities there- ^^
tofore incurred or accrued under or in relation to such Provisions
thereof; and in such Case, if under the Provisions of such Local
Act any Tolls within such Town shall have been payable to and
vested in such Commissioners or governing Body, such Tolls, and
ail Bights of receiving and levying the same, and the Remedies
for the Recovery thereof, shall, from and after the First Election
of Commissioners under this Act, be transferred to and stand vested
in the Commissioners under this Act, subject nevertheless to all
Debts, Demands, Rights, Liabilities, or Engagements theretofore
affectiiig such Tolls or such Commissioners under such Local Act

in

410

c. los;

17" & Id'* VTCTOUI^.'

AJ).185i.

Meetings for
Adoption of
9 G. 4. c 82.

Where Com-
missionen
under Local
Act decline to
consent to the
Adoption of
this Act, same
may be adopted
by Consent of
TVo Thirds of
Tovn~Comicil,
and Powers of
Assessment '
under tiocal
Act transferred
to Commis-
sioners under
this'^Act^

First Election
of Commis-
sioners under
Act

in respccfc thereof ; and such T<^ shall stand vested in- tlie said
Contimssioners acting under this Act, upon the Uses and Trvsts,
and for the Purposes,- and subject to the same' or like Regnlatk>ii»
as contained and provided in sacli Looal Act relating to snoh
Tolls, so hr as may be consistent with this Pro>nsion lor the
Transfer of the same as aforesaid ; and saeh Commissioners under
this Act shall be likewise empowered to raise, levyv andapply, fat
the Purposes of this Act, such Rates and Assessments, and of sueh
Amount, and for such Purposes, as by this Act is liereinafter
provided.

"XtK. From and ^fter the Commencement of this Act it shall
not be lawful for the Lord Lieutenatit of Ireland to order or direct
any Meeting to be called or convened for the Purpose of carrying
the 8aid Act of the Ninth Year of King George the Fourth,
Chapter Eighty-two, into execution. '

XX^ In any City or Town Corporate where any Lojcal Act in
fiproe provides for purposes for which Provision is.^ade under
this Act) and where i^e Commissioners constituted under the
said JjogbI Act decline to consent to the Adoption of this Act in
the Manner herein-bef ore, provided, then and in that Case thia
Act may be adopted or put in force in whole or in part in said
City or Town Corporate, by Consent obtained in Writing un^ler
the Hands of Two Thirds of the Town Council of said City or
Town Corporate ; and in case any or all the Purposes for which
the Assessment, or any Part thereof under such Ixxsal Act is
raised and levied are adopted as aforesaid under die ProvisioDS
of this Act, then the Powers of Assessment for such.Pucposes,
under such Local Act, and in the Manner specified b^ such Local
Act, so far as such t^owers are necessary for carrying out suck
Purposes and no further, shall be transferred to the said Commia?
sioners under this Act, in addition to the Powers of Assossmen;^
herein-after provided under this Act : Provided always, that in
case there exists any Debt due of the Commissioners of saidLocftl
Act, borrowed under the Provisions thereof, and payable out of
the Dues and Duties leviable under said Act, such Debt, witk
the Interest accruing and payable thereon, shall be transferred to
the Commissioners under this Act, and be considered as Money
borrowed by them under the Provisions of this Act, and repayable
as herein-after provided in respect to all Monies to be borrowed,
by the Commissioners appointed under this Act.

And with respect to the Election and Rotation of Commia-
sioners under this Act, except where tiie Town Coumul am the
Commissioners under this Act, be it enacted asfoUlowst

XXI. As soon as conveniently may be after the Receipt of the
Lord Lieutenant's Approval of the Adoption of this Act, in the
whole or in part, in and for any Town, the Chief Magistrate,
Mayor, or Justices as aforesaid shall convene a Meeting of the
rated Occupiers, qualified as next herein*aflser mentioned^ of such
City or Town, or (if the same shall be divided into Wards) of eadk
respective Wards, for the First Election of Commissioners for the
Purpose of executing this Act, at some convenient Place in such
City or Town, or in their respective Wards, as the Case may be,
to be specified in the Notice to be given of such Meeting, and, in

such

A.D.1^4. 17'' & Ift^ VICTORIJE* G. 103. 4ll

such Places as diall be divided itito Ward& as aforesaid^ the Ward
Meetitags shall, at the said Fira^ £leetioh of CommissiaBers under
litis Af^' be presided over by a Jastiee of the Peace resident
within sacb Ward (if any), and in default of such, by One of the
highest- Ratepayers within such Ward, tc^ be nominated by the
Majior, Chief Magistrate, Chairman of the Municipal Commis-
aioners, or Justices aforesaid.

XXIL At nach First and every other Meeting for the Election Qnalificatioii of
of Commissioners in said Town as herein-after prescribed such Electonai
Persons as next herein«aller mentioned shall be admitted and MectiaMof
entitled to vote and no other Person whatsoever 5 that is to say, ^0™°"*®^"®™*
every Person of full Age who is the immediate Lessor of Lands,
Tenements, and Hereditaments within such Town, or within such
Boundaries of the same respectively as aforesaid, of the Value of
Fifly Pounds or upwards according to the last Poor Law Valua-
tion, and who shall reside wiHun ^ve Miles of the Boundary of
inch Town, also every Person of full Age who shall have occu-
pied as Tenant or Owner or joint Occupiet*, or shall have been
^e immediate Lessor (rated for such Premises to the Belief of
tiiePoor to ^ net annual Value of Four Pounds or upwards,
and in the Case of joint Occupiers rat^d in respect of Premises of
liie net annual Value of Four Pounds or upwaixLs for each of such
jiMDt Occupiers) of any Laitds, Tehements^ or Hereditaments within
such Town, or within such Boundaries of the same respectively
as aforesaid, and shall have been rated in respect of such Premises
for the Period of Twelve Months preceding the First Day of
Jfamuxty in the Year in which any such Election shall be held,
under the Acts for the Relieif of the destitute Poor in Ireland^
and shall have paid all such Poor Rates as aforesaid as shall
have become payable by him in respect of such Premises and aU
Ghrand Jury Bates, and all such Rates as shall have become pay-
able by him under any Local Act in force in the City or Town or
under this Act, except such as shall have become payable within
Six Months next preceding sudi Election ; and of the Payment
or Nonpayment of such Rate, a Receipt, Certificate, or certified
List, uuder the Hand of the Collector of Poor Rate^ the Barony
Collector, and the Collector under any Local Act in force in the
City or Town, shall for such Purpose be deemed sufficient Evi-
dence, and which Certificate or certified List such Collectors and
Barony Constables are hereby required to furnish to the Person
or Persons presiding at such Election ; and if any Controversy
shall arise at such Meeting as to the Qualification or Right to vote
of any Person claiming to vote or to be qualified, such Controversy
ahall be determined by the Person or Persona presiding at such
Meeting upon reference to the Rate Book, which the Clerk of the
Union is hereby required to produce at such Meeting.

XXIU4 Hie Day upon which One Third of the (>)mmissioners Day for Elec-
elected under this Act shall annually go out of Office, as herein- tionofCom-
after provided, shall be the Fifteenth Day of October m each Year, »"«<»«»•
or the next lawful Day thereto, and on the same Day annually the
Places of C<»mmi68ioners going out of Office shall be supplied by
an equal Number of newly elected Commissioners, to be chosen
from among the Householders or Occupiers of the Town, qualified
to be Commissioners, as hereiu-after prescribed ; and where the

Town

412-

C.103.

17** & 18*> VICTORIiE.

A.D.1854.

CommlsaioDers
Clauses Act,
as to Election
and Rotation
incorporated
herewith.

Town is divided into Wards^ the Place of each Conmiiftsioner going
out of Office shall in all Cases under this Act be filled up bj the
Ward which returned him : Provided always, that if such First
Election of Commissioners under this Act shall take place before
the Fifteenth Day of October in the Year of such Election, the
Commissioners then first elected shall all continue in Office until
the Fifteenth Day of October in the Year next ensuing that ia
which such Election shall have been held, or the next lawful Day
afterwards.

XXIV. Save as herein-before in that Behalf provided, so much
of '' The Commissioners Clauses Act, 1847," as relates to the
Election and Rotation of the Commissioners, save so much thereof
as relates to the Scale of Votes of Owners and Occupiers, shall be
incorporated with and read as Part of this Act ; and that wherever
in the Portions of said Act so incorporated, or in any other Portions
of said Act, or of *' The Towns Improvement Clauses Act, 1847,*"
herein-after incorporated with this Act, the Expression ** Special
" Act" occurs, same shall be construed, but so far only as relates
to Towns which shall adopt the Provisions of this Acl^ to mean
this Act, and shall be read as if, instead of such Expression, there
were inserted in such Provisions the Words " The Towns Improve-
''ment (Ireland) Act, 1854," as applied to any particular Town
adopting the Provisions of this Act and of the Ajcts incorporated
herewith.

And with respect to the Qualification of Commissioners, be it
enacted as follows :
Qualification of XXV. Every Person who shall have been for Twelve Months
Commissioners, preceding the First Day of January in the Year in which such
Election is held the immediate Lessor of Lands, Tenements, and
Hereditaments within such Town, or within such Boundaries of
the same respectively as aforesaid, of the Value of Fifty Pounds
or upwards, according to the last Poor Law Valuation, and who
shall reside within Five Miles of the Boundary of such Town, and
also any Householder or Occupier of full Age rated to the Relief
of the Poor in respect of a Dwelling House in the Town at the
net annual Value of Twelve Pounds or upwards, not being an
Ecclesiastic of any religious Denomination, shall be eligible to
be elected a Commissioner for the Purposes of this Act, and maj
be proposed at such Meeting by any Householder or Occupier
qualified to vote under the Provision herein-before contained, and
may be seconded by any other Householder or Occupier qualified
to vote as aforesaid.

Incorporation
Clause.

First Meeting
of Conmiis-
sionen.

Statutory
Meetings.

XXVI. So much of "The Commissioners Clauses Act, 1847,'*
as relates to the Qualification of the Commissioners shall be in-
corporated with and read as Part of this Act.

And with respect to the Meetings and other Proceedings of
the Commissioners, be it enacted as follows :

XXVII. All the Commissioners so returned as aforesaid shall^
at Twelve of the Clock at Noon on the First Monday after such
Election, hold their First General Meeting in the Town Hall or
other convenient Place within such Town, with Power to adjourn
to such other Place as they may think fit ; and Meetings of the
Commissioners shall be held in such Places as they shall' appoint

within

A.D.1854. 17<» & W VICTORIES. C. 103. 413

witbin the Town upon the First Monday of eyery Month in each
Year, at Twelve of the Clock at Noon.

XXVin. Save as herein in that Behalf provided, so much of Incorporation
*' The Commissioners Clauses Act, 1847," as relates to the Meetings Clause,
and other Proceedings of the Commissioners, and their Liabilities, Meetings of
ahall be incorporated with and read as Part of this Act. Commissionen.

And with respect to the Chairman of the Commissioners, be it
enacted as follows :

XXIX. The Commissioners elected under this Act shall furnish Chairman to
to the Lord Chancellor of Ireland for the Time being a certified ^ a Justice of
Return, setting forth the Name, Age, Rating, Occupation, or Pro- ^g pSrowsof
fession of the Persons elected to be Commissioners, and it shall be the Act,
lawful for the Lord Chancellor, if he shall think fit, to select from

such Commissioners a proper and qualified Person to act as a
Justice of the Peace for the Purposes of this Act within the
Boundaries of the Town, and then in all Cases arising under this
^ Act, and cognizable by One or more Justices of the Peace, the
Person so selected shall, during his Term of Office, and during
that Term so long as the Lord Chancellor shall not disapprove,
have the Jurisdiction and Authority of and be a Justice of the
Peace within the Boundaries of the Town as specified for the
Purposes of this Act, and for such Purposes only, provided such
Town be not situate within the Dublin Metropolitan Police
District.

And with respect to the Duties of such Commissioner so selected
as aforesaid, to have the Jurisdiction and Authority of a Justice
of the Peace, be it enacted as follows :

XXX. It shall be lawful for the said Commissioners and they Commissionen
are hereby required to appoint a proper Officer to act as Clerk, to provide
and to provide, if there shall be no public Court House within ?y*table Court
such Town, a suitable Building to be a public Court for the hearing p^^' Officer
and determining of Offences under this Act ; and it shall be law- to act as Clerk.
fill for the said Commissioner or any other Justice of the Peace

of the City or Town, or of the County in which such City or Town
or any Part thereof is situate, to sit at and hold such Court on
every Fair and Market Day of such City or Town, and on every
other Day on which he or they may think fit, for the hearing and
determining of Ofiences under this Act ; and for the Purposes of
this Act such Commissioner or other Justice or Justices presiding
at such Court shall have the same Powers as Justices presiding at
Petty Sessions.

And with respect to the Officers to be appointed by the Com-
missioners, be it enacted as follows :

XXXL So much of " The Towns Improvement Clauses Act, Officers:
** 1847," as relates to the Officers to be appointed by the Com-
missioners, shall be iucorporated with and form Part of this Act :
Provided always, that the Approval requisite to the Appointment Proviso as to
of such Officers shall be the Approval of the Lord Lieutenant of -^PProvaL
Ireland for the Time being.

And with respect to Plans of Towns, and of the Works to be
executed under the Powers of this Act, be it enacted as follows :

XXXIL So much of *' The Towns Lnprovement Clauses Act^ Surveys and
'' 1847/' as relates to Plans of the District, and of the Works to Fbuu*

be

414 C. 103. .17 0 & 18 ^ VICTOBI-aE. A.D.1854.

be executed under anj Act^ shall be incorporated with and form
Part of this Act.

And with respect to making and maintaining thie public Sewers^
be it enacted as follows :
Power to XXXm. The Commissioners maj, if they shall think fit,

purchase, &c purchase the Bights, Powers, and Authorities vested in any Person
certain Sewers. £qj» making Sewers, or contract for the Use of, or purchase any
Sewers within the Town, with or without the Buildings, Works,
Materials, and Things belonging or appertaining thereto ; and any
Person to whom any such Sewers belong may sell and dispose
of the same to or otherwise contract with the Commissioners;
and in case of any such Sale the Purchase Money shall be settled
and applied to the same Uses and Trusts to which the Property
purchased may have been subject at the Time of such Sale, and
the Property purchased shall vest in and belong to the Commis-
sioners purchasing the same.

Incorporation XXXIY. So much of '* The Towns Improvement Clauses Ac<^ *
Clause. ** 1847," as relates to ,the making and maintaining the public

Sewers, shall be incorporated wit]^ and form Part of this Act:
P)x>vided always, that as regards the making, altering, and maifi-
taining Sewers and Drains, it shall be lawful for any Persoi
whose Property may be taken or affected, or who shall think hiiD''
Appeal self thereby aggrieved, to appeal thereon to the Court of the Assis-

tant Barrister in manner herein-after mentioned.

And with respect to the Drainage of Houses, be it enacted is
follows :

XXXV. So much of ^ The Towns Improvement Clauses Act^
1847," as relates to the Driunage of Houses shall be incorporated
with and form Part of this Act : Provided, that where the Com*
missioners shall signify tl^eir Disapproval of the Level at which
it is proposed to lay the Foundations of any new House as pro-
vided therein^ it shall be lawful for any Person who shall think
Appeal himself aggrieved thereby to appeal thereon to the Court of the

Aussistant Barrister in manner herein-after provided^

And with respect to paving and maintaining the Streets, be it

enacted as follows :

Paving Incor- XXXVL That Clauses Fifty-one, Fifty-two, and Fifty-three

poration of "The Towns Improvement Clauses Act, 1847," shall be incor-

CImsc Derated with and form Part of this Act ; provided that nothing

herein or in the said Clauses so incorporated with this Act shall

eirtend or be construed to exonerate any Turnpike Commissioners

or Trustees, or any Grand Jury or other Body, or Person or I^r*

* sons whatsoever, from his or their Duty or Olnigation to inaintain

and repair any Street or Road running through tiny City, Town

Corporate, Borough, or other Town adopting the Provisions of

this Act, unless the Commissioners for the Execution of this Act

shall desife to take upon themselves such Duty or Obligation ;

and in such Case such Commissioners shall become liable in like

Manner as the Party or Pafties originally liable tx> such Daty

o* Obligation, find shall in like Manner answer for and be pani8h->

able for toy Default in the Discharge'or Observttnce of such Duty

' . or Obligation.

^ And

A.D.1854. IT^ & 18* VICTORI-^. CA03. 415

. Apd with respect to* Iftjing out new Street^) be it enacted as
follows :

XXXVn. So much of ''The Towns Improyement Clauses Kew Streets
" Act, 1847," as relates to laying out new Streets be incorporated ^corporation
with and form Part of this Act : Provided always, that as regards ^'^^''^
the making and laying out any new Streets, and fixing the Levels
thereof, it shall be lawful for any Person whose Property, may be
taken or. affected, and who shall think himself thereby. aggrieved^
to appeal thereon to the Assistant Barrister in manner herein»after AppeaL
mentioned.

And with respect to naming the Streets and numbering the
Houses, and ako with respect to improving the Line of the Streets
and removing Obstructions, be it enacted as follows :

XXXVni. So much of ''The Towns Improvement Clauses Naming
" Act, 1847*'' as relates to naming the Streets and numbering the Streeta, &c
Housea, and also so much thereof as relates to improving the
JAme of the Stieets and removing Obstructions, shall be incor-
]^oeatedwith and ibrm Part of this Act : Provided always, that
m regards the impfoving the Line of any Street* and removing
Obstructions it shall be lawful for any Person whode Property
mmy be taken or affected, and who shall think himself thereby
aggrieved, to appeal thereon to the Assistant Barrister in manner Appeal
herein-after mentioned.

JLnd with respect to ruinous or dangerous Buildings, and also
witbiespect to Precautions during the Construction and Bepair
dfthfl Sewers, Streets, and Houses, be it enacted as follows :

XXXIX. So much of " The Towns Improvement Glauses Rmnous
" Act, 1847," as relates. to ruinous and dangerous Buildings, and Boil^nffa,
also so much thereof as relates to Precautions during, the C<mi- ^recaudonB,
8tnicti<m and Repair of the Sew^s, Streets, and Houses^ shall be ^
incorporated with and form Part of this A^ct.

And witl^ respect to Ol^ections to Works to be constructed by
or fliibjeet to the Approval of the Commissioners, be it enacted
flsfc^ws:

. XL. So much of "The Towns Improvement Clauses Act, 1847," Objections to
IK0 iielates to Objectiouato the Works io he, constructed by or subr Works.
ject to Uie Approval of the Commissionecs, except so much thereof
96-.fe]|M^ to t]^ Appeal thereby provided, shall be incorporated
ffiih^ v^ ibrm Part of this Act*

XLL Any Person liable to pay or .to contribute towards. the Persona ag-
Expense of any of. the Works herein-before mentioned, or other- *^*^^^-
wise aggrieved by any Order of the Commissioners relating ?^j^^^
thereto, m%y, at any Time within Seyen Days next afler the m^y wptilto.*
slaking of any such Order, give Notice in Writing to the Com- the Aasistent
imssioifers that he intends to appeal against such Order to the Barrister.
Assistapt Barrister^ at the next Quarter ' Sessions for the Divi-
sion or Place, and along with such Notice he shall give a State-
ment in: Writing of the Grrourids of the Appeal ; and if within
£ight Days next after giving such Notice the Party give Security
byBecognizanice before a Justice of thia PeacQ^ with Two sufficient
Sureties, to the Satisfaction of such Justice, to ' abide the Order
of the Assistai[it Barrister, and pay such Costa a9 may be awarded
against him thereupon, the Work so appealed against shall not

be

416

C.103.

17^ & 18« VICTORLSL

A.D.1854.

Cleansing
Streets, Pre-
vention of
Noisanees, &c

Party Walls to
\e carried up
through the
Roo£

Ventilation.

For the Regu-
lation of Lodg-
ing Houses.

be begun until after tbe Judgment of the Assistant Barrister upon
such Appeal ; and a Copj of such Notice, and Statement of the
Grounds of such Appeal as aforesaid, shall be lodged bj the Ap-
pellant with the Clerk of the Peace on the Day before the Com-
mencement of the Sessions at which the Appeal is to be heard ;
and the Assistant Barrister shall hear and determine the Matter
of the Appeal, and shall make such Order thereon, either con-
firmiog, quashing, or varying such Order, Proceeding, or Matter,
and shall award such Costs to either of the Parties, as the said
Assistant Barrister in his Discretion thinks fit; provided, that
the Appellant shall not be heard in support of such Appeal unless
such Notice and Statement have been given and such Recog-
nizance entered into as aforesaid, nor on the Hearing of such
Appeal shall he go into Evidence of any other Grounds of Appeal
than those set forth in such Statement as aforesaid ; provided
also, that if there be not an Interval of Fifteen Dajs between the
making of such Order and the then next Sessions, then such
Appeal may be made and such Notice given for the next fol-
lowing Sessions for the Division or Place at which the Appeal
can be heard.

And with respect to cleansing the Streets, and the Prevention
of Nuisances, and the Prevention of Smoke, be it enacted as
follows :

XLII. So much of " The Towns Improvement Clauses Act,
^' 1847," as relates to cleansing the Streets, and the Prevention of
Nuisances, and the Prevention of Smoke, shall be incorporated
with and form Part of this Act.

And with respect to the Construction of Houses for Prevention
of Fire, be it enacted as follows :

XLIIL The Party WaUs of all Buildings erected after the
Adoption of this Act by any Town shall be carried through and
above the Roof, to form a Parapet of not less than Twelve Inches
in Height, measured at Right Angles with the Slope of the Boof,
above the Covering of the Roof of the highest Building to which
such Party Walls belong ; and every Person who shall erect any
Building contrary to ^e Provision herein contained, and who
shall not alter the same within One Month after Notice given to
him for that Purpose by the Commissioners, shall be liable to a
Penalty not exceeding Five Shillings for every Day that such
Building shall so continue.

And with respect to supplying Buildings with fresh Air, be it
enacted as follows :

XLIV. So much of " The Towns Improvement Clauses Act,
" 1847," as relates to supplying Buildings with fresh Air shall be
incorporated with and form Part of this Act ; provided, that the
Appeal from the Determination of the Commissioners in this
respect shall be such Appeal to the Court of the Assistant
Barrister as is herein-before provided.

And with respect to Lodging Houses, be it enacted as fol-
lows :

XLV. It shall not be lawful to keep or use as a Lodging House
within any Town the Population of whichi as ascertained by the

A.D.1854, . !?• & 18^ VICTORIiE. C.103. 417

last Population Returns made pursuant to Act of Parliament, sUall
be above Three thousand Inhabitants, any House, not being a
Lieensed Victualling House, unless such House shall have been
registered as a Lodging House in a Book to be kept by the
Ck>mmissioners for that Purpose.

XLVL Save as above provided, so much of *' The Towns Ln- Incorporation
provement Act, 1847," as relates to Lodging Houses shall be Clause,
incorporated with and form Part of this Act.

And with respect to Slaughter-houses, be it enacted as follows :

XLVIL So much of ** The Towns Improvement Clauses Act, sianghter-

1847," as relates to Slaughter-houses shall be incorporated with houses, &c

and form Part of this Act: Provided always, that nothing Saving Bights

herein contained shall prejudice or affect the Rights, Privileges, ?^^*"°°*,

Powers, or Authorities of any Persons incorporated or authorized ^ActrfPar-

by any Local Act of Parliament passed before the passing of liinent, &c
this Act, for the Purpose of making and maintaining Slaughter-
houses for the Accommodation of any City, Town, or Place.

And with respect to the Sale or Exposure for Sale of unwhole-
some and adulterated Food, be it enacted as follows :

XLVni. In any Shop, Building, Stall, or Place kept or used Provision
for the Sale of Butchers Meat, Poultry, or Fish, no Animal, Car- against Sale of
cas8. Meat, Poultry, Game, Flesh, or Fish which is unfit for the nnwholesome
Food of Man shall be kept or retained, unless entirely separate ^®** »
and apart from any Animal, Carcass, Meat, Poultry, Game,
Flesh, or Fish which is intended for such Food, nor unless the
same be ticketed in large and legible and conspicuous Characters
as being unfit for such Food ; and any Person who shall keep in
any Stop, Building, Stall, or Place occupied or used by him as a
foresaid any Animal, Carcass, Meat, Poultry, G«me, Flesh, or
Fish which is unfit for the Food of Man otherwise than entirely
separate and apart, and ticketed as aforesaid, shall be liable to
a Penalty not exceeding Five Pounds ; and the Inspector of
Nuisances, Officer of Health, or any other Officer appointed by the
Commissioners for that Purpose, may and he is hereby empowered,
at all reasonable Times, with or without Assistants, to enter into
and inspect any Shop, Building, Stall, or Place kept or used for
the Sale of Butchers Meat, Poultry, or Fish, or as a Slaughter-
house, and to examine any Animal, Carcass, Meat, Poultry, Game,
Flesh, or Fish which may be therein ; and in case any Animal,
Carcass, Meat, Poultry, Game, Flesh, or Fish appear to him to be
intended for the Food of Man, and to be unfit for such Food, the
same may be seized ; and if it appear to the Chairman of the
Commissioners, upon the Evidence of a competent Person, that
any such Animal, Carcass, Meat, Poultry, Grame, Flesh, or Fish is
unfit for the Food of Man, he shall order the same to be destroyed,
or to be so disposed of as to prevent its being exposed for Sale
or used for such Food ; and the Person to whom such Animal,
Carcass, Meat, Poultry, Game, Flesh, or Fish belongs, or in whose
Custody the same is found, shall be liable to a Penalty not exceed-
ing Five Pounds for every Animal or Carcass, Fish, or Piece of
Meat, Flesh, or Fish, or any Poultry or Game, so found, and as to

hich such Magistrate shall be satisfied that it wa3 intended for
we Food of Man.

17 & 18 Vict. Ee XLIX, If

418

C.103,

17° & 18 0 VICTORIiE.

A.D.1854.

and against
Sale of adulte-
rated Food.

OffJensiYe
Trades newly
established to
be subject to
the Regulation
of Commis-

Commissionen
may contract
for lighting
Streets.

Price to be
paid for Gas to
be ascertained
in case of Dis-
pute.

Incorporation
Clause.

Commissioners
may proride
sufficient Sup-
plies of Water,
and may erect
Waterworks,
&c.

XLIX. If any Person shall sell or expose for Sale any adulte-
rated Butter, Meal, Bread, or other Article of Food, knowing the
same to he adulterated, such Person so offending shall, upon
Conviction before a Justice, for every such Offence be liable to a
Penalty not exceeding Forty Shillings, and such adulterated
Article shall be forfeited and disposed of as the Chairman of the
Commissioners shall direct ; and it shall be lawful for such
Chairman on the Application of the Inspector of Nuisances, or
other Officer acting under this Act, setting forth that he has
received Information and has just Cause to believe that any
adulterated Article of Food is in the Possession of any Person
for the Purpose of being disposed of, to grant Warrant to enter
upon the Premises of such Person, and to search for and seize
such Article of Food, and to forfeit and dispose of the same as to
him shall seem proper.

L. The Business of a Blood-boiler, Bone-boiler, Slaughterer
of Cattle, Horses, or Animals of any Description, Soap-boiler^
Tallow-melter, Tripe-boiler, or other noxious or offensive Busi-
ness, Trade, or Manufacture, shall not be newly established in
any Building or Place within the Town without the Consent of
the Commissioners ; and whosoever offends against this Enact-
ment shall be liable for each Offence to a Penalty not exceeding
Twenty Pounds, and a further Penalty not exceeding Forty
Shillings for each Day during which the Offence is continued ;
and the Commissioners may from Time to Time make such Bje-
laws with respect to any such Businesses so newly established as
they may think necessary and proper, in order to prevent or
diminish the noxious or injurious Effects thereof.

And with respect to the lighting of Towns, be it enacted as
follows :

LL The Commissioners may contract for any Period not ex-
ceeding Three Years at any One Time with the Owners of any
Gasworks, or with any other Person, for the Supply of such Gaa
or Oil, or other Means of lighting, and may provide such Lamps,
Lamp Posts, and other Works as the Commissioners think neces-
sary for lighting the Streets of the Town ; and if the Commis-
sioners and the Owners of any Gasworks authorized by Act of
Parliament to supply Gas within the Town, and with whom the
Commissioners shall be desirous of contracting, shall not agree
as to the Price to bo paid for such Supply, then such Price shall
be settled by Arbitration, and for that Purpose the Clauses of
** The Lands Clauses Consolidation Act, 1845," with respect to
the Settlement of disputed Compensation by Arbitration, shall be
incorporated with this Act.

And with respect to the Supply of Water, be it enacted as
follows :

LIL The One hundred and twenty-fourth Clause of « The
" Towns Improvement Clauses Act, 1847," shall be incorpcMiited
with and form Part of this Act, and the Commissioners may
provide the Town from within or without the Boundaries of sudii
Town with such a Supply of Water as may be proper and suffi-
cient for the Purposes of this Act, and for private Use to the
Extent required by this Act ; and for those Purposes or any of

them

A.D. 1864. 17^ & W VICTORIJE. C. 108. 419

them the CommiJisioners may from Time to Time contract with
any Person whomaoeyery or with anj Company, or purchase, take
upon Lease, hire, construct, lay down, and maintain such Water-
works, and do and execute all such Works, Matters, and Things
aa shall be necessary and proper, including the opening of Roads
and Streets from Time to Time, for the Purpose of laying down,
altering, or repairing Water Pipes therein; and the Commis- In case of
sioners may provide and keep a Supply of pure and wholesome Waterworks
Water, and may lay on at such Pressure as will carry the same to constructed by
the Top Story of the highest DweUing House within the Town : ^eTiSI-° may
Provided always, that before constructing or laying down any be kept con-
Waterworks under the Powers of this Act within any Limits in stantly under
respect of which any Waterworks Company shall have been I^ressure.
established, the Commissioners shall give Notice in Writing to
every such Waterworks Company, or private Owner or Owners
of such Waterworks, stating the Purposes for and the Extent to
which Water is required by the Commissioners ; and it shall not Commissioners
b© lawful for the Commissioners to construct or lay down any not to construct
Waterworks within such Limits so long as any such Company, or Waterworks,
Owner or Owners as aforesaid, shall lay on Water proper and WaterwOTks
sufficient for all reasonable Purposes for which it is required by Company
the Commissioners ; and in case any Difference shall arise as to within the
whether the Water which any such dompany, or Owner or Owners Town be able
as aforesaid, are willing to supply is proper and sufficient for the ^^^ T^^^ ^
Purposes for which it is required, or whether the Purposes for upon Terms^'^
which it is required are reasonable, the same shall be settled on
an Appeal in manner aforesaid (but without any Recognizance)
by either Party to the Assistant Barrister, whose Decision shall
be final : Provided always, that it shall not be lawful for the
Commissioners to take or use any Water, Cistern, Pump, Well,
Conduit, or Waterwork without having obtained the Consent in
Writing of the Owner or Owners thereof.

Lm. Where the Commissioners are able and willing to supply Service Pipes
the Houses or Tenements within the Town with Water for do- to be laid by
mestic and ordinary Purposes, the Owners of such Houses and Owners.
Tenementa shall be entitled to obtain such Supply by connecting
a Service Pipe with the Main Pipes to be laid down by the Com-
mii»ioners, the Expense of such Service Pipes and of coimecting
the same with the Main Pipes being defrayed by such Owners ;
and where the Houses and Tenements generally in any Street or
Place within the Town shall be supplied with Water by means of
such Service Pipes, it shall be competent to the Commissioners to
require the Owner of any Tenement in such Street or Place not
so supplied to take a Supply of Water by connecting a Service
Pipe with the Main Pipe as aforesaid ; and in the event of Refusal
or Delay on the Part of such Owner to comply with such Requi-
sition, it shall be lawful for the Commissioners to enter upon
such Houses or Premises, and proceed to lay down such Service
Pipes themselves, and to recover the Expense thereof from such
Owner in the same Manner as Damages ; and no Person within Water to be
the Town shall be entitled without, special Agreement with the used only for
Commissioners, to use the Water supplied through the Pipes of ^^?^^ ^^
ibe Commiarioners, except for domestic and ordinary Purposes ; ^JJ^'J^^'^'

E e 2 but *^ *

420

C.103.

17« & 18" VICTORIiB.

A.D.1854.

by Agreement
with the Com-
missioners.

Commiflsioners
may make
Byelaws in
reference to
Water.

Penalty for
injuring Watep-
"works, divert-
ing Streams,
or wasting
Water,

Penalties on
Persons for
causing Water
in Reservoirs
to be fouled ;

but where there is a Supply of Water more than is required for
Buch domestic and ordinary Purposes within the Town, it shall
be lawful for the Commissioners to contract with any Person or
Persons within the Town to supply any Public Baths and Wash-
houses, Works, Manufactories, or other Premises within the Town
with Water, at such Rate and upon such Terms and Conditions as
may be agreed on ; or in the event of Disagreement, either as to
the Ability of the Commissioners to give the Supply, or as to the
Hate, Terms, or Conditions on or in respect of which the Supply-
is to be given, the same shall be fixed on an Appeal in manner
aforesaid (but without any Recognizance) by either of the Parties
to the Assistant Barrister, whose Decision shall be final; and
when the Main Pipes of the Commissioners have been laid down
in any Town or Borough, it shall be lawful for the Owners of
and other Persons interested in any House or Tenement situate
without the Limits of such Town or Borough, at their own Ex-
pense, to lay down Main Pipes and Service Pipes, and to connect
the same with the Main Pipes of the said Commissioners, such
Connexion to be made under the Superintendence and to the
Satisfaction of the Engineer for the Time being to the said Com-
missioners ; and when and so soon as such Connexion shall have
been made and completed, the said Commissioners shall supply
such House or Tenement with Water for domestic Purposes at a
Rate not exceeding that which shall be assessed upon the Houses
and Tenements within any such Town or Borough ; and it shall
be lawful for the Conunissioners to make Byelaws regulating all
or any Matters and Things whatsoever connected with the Water
to be supplied within or without the Town through their Pipes.

LIV. Whosoever shall wilfully or carelessly break, injure, or
open any Lock, Cock, Waste-pipe, or Waterworks belonging to or
under the Management or Control of the Commissioners, or shall
unlawfully divert or take Water from any Waterworks belonging
to or under the Control of the Commissioners, or from any Waters
by which such Waterworks are supplied, or shall wilfully or
negligently waste any Water with which he is supplied by the
Conunissioners, shall for every such Ofience forfeit a Sum not
exceeding Two Pounds, and a further Penalty not exceeding
Ten Shillings for each Day whilst the Offence is continued after
written Notice in that Behalf, which Penalties shall be paid to
the Commissioners ; and whosoever shall bathe in any Stream,
Reservoir, or other Waterworks belonging to or under the Control
of the Commissioners, or shall wash, throw, or cause to enter
therein any Animal, Rubbish, or Thing of any kind, or shall cause
or permit or suffer to run or be brought therein the Water of any
Sink, Sewer, Drain, Engine, or Boiler, or other filthy, unwhole-
some, or improper Water, or shall do anything whatsoever
whereby any Water belonging to the Commissioners, or under
tbeir Management or Control, shall be fouled, shall for every such
Offence forfeit a Sum not exceeding Two Pounds, and a further
Sum not exceeding Twenty Shillings for each Day whilst the
Offence is continued, after written Notice in that Behalf^ which
Penalties shall be paid to the Commissioners ; and whosoever,
being Proprietor of any Gasworks, or engaged or employed in the

Manu-

A-D.1854. 17» & IS'* VICTORIiE. 0.103. 421

Manufacture or Supply of Gas, causes or suffers to be brought or and on Pro-
to flow into any Stream, Reservoir, or Waterworks belonging to prietors of
or under the Management or Control of the Commissioners, or Gasworks, &c.
into any Drain or Pipe communicating therewith, any Washing
or Other Substance produced in the Manufacture or Supply of
Gas, or shall wilfully do any Act connected with the Manufacture
or Supply of Gas, whereby the Water in any such Stream, Reser-
Toir, or Waterworks is fouled, shall forfeit to the Commissioners
for every such Offence a Sum not exceeding One hundred Pounds,
and, after the Expiration of Twenty-four Hours Notice in Writing
from them in this Behalf, a further Sum not exceeding Ten
Pounds for every Day during which the Offence is continued ;
and if any Water belonging to or under the Management or Con-
trol of the Commissioners be fouled in any Manner by the Gas of
any such Proprietor or Person, he shall forfeit to the Commis-
sioners for every such Offence a Sum not exceeding Ten Pounds,
and a further Sum not exceeding Five Pounds for every Day
whilst the Offence is continued after the Expiration of Twenty-
four Hours Notice in Writing from the Commissioners in t^his
Behalf; and for the Purpose of ascertaining whether such Water
is fouled by the Gas of any such Proprietor or Person, the Com-
missioners may lay open and examine any Pipes, Conduits, and
Works from which the Gas is supposed to escape ; provided that
before beginning so to do Twenty-four Hours Notice in Writing
be given to the Person to whom such Pipes, Conduits, or Works
belong, or under whose Management or Control they may be, of
the Time at which the Examination is intended to be made ; and
if upon such Examination it appear that the Water has been
fouled by the Gas proceeding from the Works examined, the
Expenses of the Examination shall bo paid and borne by the
Person to whom such Works belong, or under whose Manage-
ment or Control they may be, and bo recoverable from him in
the same Manner as any Debt may be recovered by the Law of
Ireland; but if it appear that the Water has not been so fouled,
then such Expenses, and all Damages occasioned by the Exami-
nation, shall be paid by the Commissioners out of the general
Assessments levied under this Act, and be recoverable from them
upon summary Proceeding by Civil Bill or otherwise, as any
Debt may be recovered by the Law of Ireland,

And with respect to Things to be done by the Conmiissioners
by special Order only, and with respect to Clocks, and with re-
spect to Entry by the Commissioners or their Officers in execution
of this Act, and with respect to ensuring the Execution of the
Works by this Act required to be done by the Owners or Occu-
piers of Houses or Lands, be it enacted as follows :

LV. So much of " The Towns Improvement Clauses Act, Siwcial Order
1847," as relates to Things to be done by the Commissioners by
special Order only, and so much thereof as relates to Clocks, and Clocks ;
so much thereof as relates to Entry by the Commissioners or their Entry of Corn-
Officers in execution of the Act, and so much thereof as relates to missioners ;
ensuring the Execution of Works required to be done by the Kxecution of
Owners or Occupiers of Houses or Lands, shall be incorporated Works.
with and form Part of this Act.

E c 3 And

422

aio3.

1*-*^ & 18« YICTORLffi.

A.D.1854.

Begolatioiis as
to Gunpowder;

Byelaws to be
confirmed.

Notice of Con-
firmation to be
given.

Incorporation
r^laoae.

And with respect to the Sale of Ganpowder, be it enacted as
follows ;

LVL No Ganpowder shall be sold within the Town bj Candle
or other artificial Light, under a Penalty not exceeding One
Pound for each Offence ; and no Person shall keep at anj Time
more than Ten Pounds Weight of Gunpowder, except by special
Permission of the Commissioners, signed by the Chairman and
Two of the said Commissioners, and under such Regulations for
its safe Custody as they may approve and determine, under a
Penalty for the First Offence of any Sum not exceeding One
Pound, for the Second Offence not exceeding Three Pounds, and
for the Third or any subsequent Offence not exceeding Five
Pounds, besides Forfeiture of all the Gunpowder which ^all be
found exceeding the aforesaid Weight ; and the aforesaid Quantity
of Gunpowder allowed to be kept as aforesaid shall be deposited
in a Place separate from all other Goods and Commodities, and
shall be secured by Lock andKey, under a Penalty not exceeding
One Pound to be paid for each Offence by the Occupier of the
Premises in which such Quantity not so kept and secured as afore-
said shall be found : Provided always, that nothing herein con-
tained shall apply to any Quantity of Gunpowder prorided for
Military or Constabulary Purposes.

And with respect to the Byelaws to be made by virtue of this
Act, be it enacted as follows :

LVn. So much of "The Towns Lnprovement Clauses Act,
1847," and of *« The Commissioners Clauses Act, 1847," as relates
to the Byelaws to be made by virtue of said Acts, shall, save as
next herein provided, be incorporated with and form Part of this
Act : Provided that no Byelaw made by the Commissioners under
the Authority of this Act shall come into operation until the
f^&me be confirmed by the Lord Lieutenant, who is hereby em-
powered to inquire into any Byelaws tendered for that Purpose,
and to allow or disallow of the same as he may think meet ; pro-
vided also, that no such Byelaws be confirmed unless Notice of the
Intention to apply for a Confirmation of the same have been given
in One or more Newspapers circulating within the Town (if any),
or otherwise in some Newspaper circulating in the County in
which the Town is situated, One Month at least before the
making of such Application; and any Person desiring to object to
any such Byelaw, on giving to the Commissioners Notice of the
Nature of his Objection Ten Days before the making of the Ap-
plication for the Allowance thereof, may transmit to the Lord
Lieutenant a Memorial containing the Grounds of such Objection ;
and if such Byelaws should be thereupon confirmed, in the whole
or in part, the Order for such Confirmation, in the whole or in
part, shall be signed under the Hand of the Chief or Under
Secretary of the Lord Lieutenant, of which Order a Copy shall be
published in One or more such Newspapers as aforesaid, and such
Publication shall be deemed Evidence of such Byelaws.

And with respect to the Contracts to be entered into, and the
Deeds to be executed by the Commissioners, be it enacted as
follows :

LVni. So much of "Tlie Commissioners Clauses Act, 1847,"
as relates to the Contracts to be entered into, and the Deeds to be

executed

A.D.1854. 17« & 18** VICTOBI-aS. C. 103. 423

executed by the Cooimiasioners, shall be incorporated with and
form Part of this Act.

And with respect to the Appointment and Accountabilitj of
the Officers of the Commissioners, other than those herein-before
provided for, be it enacted as follows :

LIX. So much of " The Commissioners Clauses Act> 1847/' Clerk, Trea-
as relates to the Appointment and Accountability of the Officers sarer, Col-
of the Commissioners, save as herein next provided, shall be in- lector, fitc.
corporated with and form Part of this Act : Provided that the
Commissioners shall in all Cases appoint some Bank or Banking
Company to act as their Treasurer, and that it shall not be
necessary to require from such Bank or Banking Company any
Security for the due Execution of such Office as required by said
Act; provided also, that the Drafts to be drawn on said Bank on How Drafts to
account of said Commissioners shall be drawn at a Meeting of the be drawn.
Commissioners, and there signed by the Chairman of the Meeling
and by Two other Commissioners, and no Drafts on the said Ac-
count shall be drawn for any private Purpose on any Pretence
whatever, nor for any other Purpose than the Payments which
shall from Time to Time be authorized by the Commissioners for
the Purposes of this Act, as the same shaU be certified to the said
Treasurer by the Clerk to the Commissioners, who shall counter- '
sign all such Drafts.

And with respect to General Assessments under this Act, be it
enacted as follows :

LX. Once in each Year the Commissioners shall assess all Cammissionen
Occupiers of Premises within the Town, and the Boundaries to make As-
thereof as before determined on and declared and settled, rated ^fS^Jl^ f
in respect of such Premises under the Acts for the Relief of the ^^ST*^ ^
destitute Poor in the Sums necsesary to be levied for the Pur-
poses of this Act, other than by way of Private or District
Assessments, and shall fix a Day, not being less than One Month
from the Date of laying on such Assessment, on which the same
shall be payable ; and the Rate of Assessment, and Day so fixed
by the Commissioners, shall be published by Handbills posted in
the Town, and by Advertisement in any Newspaper or News-
papers published therein (if any), or otherwise in some News-
paper or Newspapers published nearest to such City or Town :
Provided that such Assessment other than Private and District
Assessments shall not in any Year exceed the Rate of One Shil-
ling and Sixpence in the Pound where the Enactments of this
Act with respect to Water have been adopted, or the Rate of One
Shilling in the Pound where such Enactments with respect to
Water have not been adopted; provided that all unoccupied
Houses, Tenements, or Premises, being at the Time of such As-
sessment unproductive to the Lessors or Landlords thereof, shall
be exempt from Taxation under this Act during the Period that
such Premises are so unoccupied and unproductive, and no longer.

LXI. The Clerk of the Union shall, on the Requisition of the Assessment
Commissioners, produce the Rate Book of the Union, and the said ^^^ ^ ^
Commissioners shall annually cause to. be made up a Book of As- ??r* ^P' *°^^
sessment, to be signed by the Chairman and Two others of the ^^ bTenS^^
Commissioners, showing the net annual Value of the whole Pre- and disposed

E e 4 mises

421

C.103.

17^ & 18 '^ VICTORUS.

A.D.1854-

ofbjthe
Comminionen.

Copy of As-
gessment Book
to be given to
Collector.

Bating of Ball-
ways and
Canals.

Assessment
may be levied
by Distress
and Sale, or
upon a Com-
plaint to be
made to a Jus-
tice, who shall
summon the
Party.

mises in the Town under the Poor Law Valuation liable to be
assessed under this Act, and accordiog to which the Assessments
under this Act are intended to be levied ; and such Book of As-
sessment shall be open to Inspection by all Batepayers, in the
Hands of the Clerk ; and the Commissioners shaU have Power
to rectify any Mistake or Error, upon the ground of any Variance
from the last Assessment for Poor Kates, or on the ground of
any Change of Occupation of Premises since such last Assess-
ment for Poor Rates: and in each Year a Copy of the said Book of
Assessment, as finally adjusted by the Commissioners, signed by
the Chairman and Two Commissioners, and countersigned *^by the
Clerk, shall be delivered over to the Collector, as the Rule for
levying and collecting the annual Assessment under, this Act, and
shall bo deemed to be Evidence of each and every separate As-
sessment for the Purposes of this Act.

LXn. For the Purpose of any Rate to be made or levied under
the Provisions of this Act or of any Act incorporated herewith,
all Lands used as Arable, Meadow, or Pasture Ground only, or as
Woodlands, or Market Gardens, or Nursery Grounds, and all
Lands covered with Water and used as a Canal, and any Towing-
path to the same, and all Lands used as a Railway constructed
under the Powers of any Act of Parliament for public Conveyance^
shall be assessed and liable in the Proportion of One Fourth Part
only of the net annual Value of such Lands respectively.

LXm. K any Person so rated and assessed as aforesaid shall
refuse or neglect to pay the Assessment charged upon him for
the Space of Ten Days next after the same shall be due and de-
manded by the Collector, it shall be lawful for the Collector to
levy the same by Distress and Sale of any Goods and Chattels of
such Person which may be found either on the Premises chai^-
able, or on any Premises within the Town rented or possessed by
the Person so assessed, rendering to the Owner of such Goods
and Chattels the Overplus (if any) after deducting the Expenses
of distraining, not exceeding Twelve-pence in the Pound on the
Sum for which such Distress may have been made ; or in case the
Collector shall not think it expedient to proceed by Distress, then
it shall be lawful for him to leave at the Dwelling House of the
Party chargeable for or in respect of such Premises a Notice,
bearing Date the Day and Year of serving the same, subscribed
with the Name and Abode of such Collector, requiring Payment
of the Sum applotted within Ten Days from the Date of such
Notice, and expressing that within Ten Days the Money de-
manded may be paid to the Collector at his House or Office ; and
if such Money be not so paid within such Time, then it shall be
lawful for such Collector to prefer a Complaint to any Justice of
the Peace having Jurisdiction in such Town, and such Justice
shall summon the Party so complained against to appear before
him, or any other Justice of the Peace sitting in Petty Sessions,
and answer the said Complaint, and shall, at the Time specified
in such Summons, examine into the Matter of such Complaint on
Oath, and shall direct the Payment to such Collector of such
Money as he shall find due and payable under such Assessment
by the Party complained against, together with a Sum certain for

such

A.D.1854. 17" & 18^ VICTORIA C. 103. 425

snch reasonable Costs and Charges as to such Justice shall seem
meet ; and in default of the Appearance of such Party, or upon In default of
his or her Refusal or Neglect forthwith to pay the Sum or Sums Appearance,
so by such Justice directed to be paid, it shall and may be lawful Goods of Party
for such Justice, or for any Justice of the Peace having Juris- ^Jj^^ ^
diction in such Town, to issue his Warrant authorizing and em-
powering the said Collector to levy the Money thereby ordered
to be paid, by Distress and Sale of any Goods or Chattels of the
Party so complained against, which may be found within the
Town, rendering the Overplus (if any) to him or her, the ne-
cessary Charges and Expenses of distraining being thereout first
deducted, as directed by such Justice ; and the Collector shall be
bound to preserve the Warrants of such Seizures or Sales, and
enter in a Book to be kept for that Purpose the Names of the
Parties proceeded against, the Assessment due, the Expense of
the Proceedings, and the true Proceeds of each Sale, which Book
shall be open to the Inspection (without any Fee) of all Parties
interested for Three Months after the Date of each Sale respec-
tively ; and at any Time within that Period it shall be competent
to any Party considering himself aggrieved to complain to any
such Justice of anything done unjustly or oppressively in regard
of such Seizure or Sale, such Complaints being made in the
Form of Petitions subscribed by the Complainer, and the De-
cision of such Justice shall be final ; or otherwise the Collector Power to pro-
shall be and he is hereby authorized and empowered to sue for ceed by Action
and recover all or any Part of such Assessment in.arrear by Per- ^^ ^^^
Bonal Action or by Suit before the Civil Bill Court of the As-
sistant Barrister having Jurisdiction in that Behalf as to such
Town, or otherwise according to Law ; and no Misnomer, Mistake,
or Informality committed in any Proceedings for Recovery of any
Assessment under this Act shadl prejudice the Becovery of such
Assessment and Expenses, nor shall such Proceedings abate by
the Death, Besignation, or Removal of the Collector instituting
the same, or by any Change in the Persons holding Otiice as
Commissioners, but it shall be lawful for the Collector fbr the
Time to prosecute and follow forth Proceedings commenced and
carried on in the Mame of any previous Collector in all respects
as if such Proceedings had been taken by himself: Provided
always, that it shall not be competent for any Person to sue, nor
for any Court of Law to entertain, any Action or Proceeding
against the Commissioners, or the Collector or Officers or other
Persons employed in executing any Warrant in reference to any
Assessment under this Act, by reason of any Mistake, Infor-
mality, or Misnomer, if the Goods or other Eflects seized or sold
under such Warrant were bond fide the Property or in the lawful
Possession of the Person actually liable to Payment of such
Assessment under the Provisions of this Act.

LXrV. Whenever the net annual Value of the rateable Here- Immediate
ditaments in any such Town actually occupied by any Person or Lewore of
Persons shall not exceed Four Pounds the Assessment under this ?"*^^
Act in respect of such Property shall be made on the immediate ^j^ ^i ^^ \^
Lessor or Lessors of sucK Person or Pei'sons ; and if at the Time assessed for
of making any such Asscsstsmcnt the Name of the immediate the same.

Lessor

42S

C.103,

I?' 8t 18" VICTORLffi.

A.D.1854.

Recovery of
Assessment
from Lessors
by Action or
Civil Bill, or
by Warrant of
Distress.

If Assessment
be not paid by
the Lessor, it
may be reco-
vered from the
Occupier, who
may deduct it
from Bent.

Lessor be not accurately known to the Persons making the Asaess-
ment, it shall be sufficient to describe him therein as *' the imme-
diate Lessor," with or without any Name or further Addition, and
such Assessment shall be held to be duly made on him by such
Description, and shall be recoverable from him accordingly, not-
withstanding any Error or Defect in his Name or Description, or
the entire Omission of his Name therein : Provided, that wherever
any Occupier shall claim to be and shall be accordingly rated to
the Relief of the Poor, although the net annual Value of the rate-
able Hereditaments occupied in any Town by such Person shall
not exceed Four Pounds, the Assessment under this Act shall be
made upon the Person so claiming to be rated to the Relief of the
Poor,

LXV. Any Assessment made as aforesaid on any Lessor shall be
recovered from him by personal Action in the Name of the Clerk
of the Commissioners, and, by their Direction, against such Lessor
in any of the Superior Courts of Record in Dublin^ or by Civil
Bill in the Court of proper Jurisdiction ; or, where such Lessor
resides within such Town, the Collector may leave at the Dwelling
House of such Lessor such a Notice as herein-before provided re-
quiring Payment of the Assessment within Ten Days ; and if such
Assessment be not paid within such Time, the same may be re-
covered upon a Complaint before a Justice, and by Distress and
Sale, under the Warrant of a Justice, of the 6oods of such
Lessor, in manner herein-before provided as to Assessments ; and
if a sufficient Distress of the Goods and Chattels of such Lessor
cannot be found within such Town, then on Oath thereof made
before any Justice of the Peace of any County in which any of
the Goods and Chattels of such Lessor may be found, the Goods
or Chattels of such Lessor shall be subject and liable to such
Distress and Sale in such County where the same may be found,
and may by virtue of such Warrant be distrained and sold in the
same Manner as if the same, had been found within such Town ;
and if such Assessment be not paid by such Lessor within Four
Months after the making thereof, it shall be lawful for the Col-
lector, by Direction of the Commissioners, to give a Notice in
Writing as aforesaid to the Occupier or respective Occupiers for
the Time being of any such Property to pay the Assessment due
in respect of the Property in his or their Occupation ; and after
the Expiration of One Calendar Month from the Time of giving
such Notice it shall be lawful to recover such last-mentioned
Assessment from every such Occupier, or, in his Default, from any
subsequent Occupier of the Premises ; and every such Occupier
so paying such Assessment may deduct from the Rent he may be
then or next thereafter liable to pay in respect of any such Pro-
perty the whole of any such Assessment he may have paid in
respect of the same Property ; and if Rent sufficient to cover such
Assessment be not then or do not thereafter become due from
such Occupier, he shall be entitled to recover the same from such
Lessor by Civil Bill ; and so much of " The Towns Improve-
ment Clauses Act, 1847," as relates to the Manner of making
Rates, shall be incorporated with and f&rm Part of this Act.

And

A,D.1864. 17« & 18« VICTORLffll. C. 103. 427

And with respect to Private and District Ansessments for
Sewers, Drains, and Private Improvements, be it enacted as
follows :

LXVL So much of *' The Towns Improvement Clauses Act, Private Abkh-
1847," as relates to Rates directed to be made for Sewers, Drains, »«"**■•
and Private Improvements shall be incorporated with and form
Part of this Act ; and the said Commissioners shall cause to be
made up a Book of Assessment applicable thereto, and the same
or a Cop7 thereof, signed bj the Chairman and any Two of the
Commissioners, shall forthwith be delivered over to the Collector
as the Rule for levying and collecting the said Assessments ; kad Recovery
thereupon the several Provisions of this Act in reference to the thereof.
Recovery of any other Assessments by this Act authorized shall
apply to and be available for the Recovery of such Private and
District Assessments.

And with respect to the Appeal to be made against any Private
or District Assessment, be it enacted as follows :

LXVn. The Commissioners shall appoint a Day on which How Objec •
every Assessment shall be payable, and another Day on which ^°*J[? ^ ,
Objections by any Parties complaining that they have been im- ^^^A^f
properly assessed may be lodged with the Clerk, and another Day P***^
or Days, at an Interval of One Week at the least respectively,
on wluch Objections in reference to such Assessment shall be
beard by the Commissioners ; and Notice to each Party intended
to be so assessed, stating the Particulars of the intended Assess-
ment as regards such Party, and specifying the several Days
fixed by the Commissioners as aforesaid, shall be sent by the
Clerk through the Post Office at least Two Weeks preceding the
Day which may be fixed for hearing the Objection of Parties ;
and the Commissioners may rectify or alter any Assessment as
regards any Person assessed or liable to be assessed therefor, by
whom an Objection may be taken by Letter to the Clerk, lodged
with him on or before such Day for lodging Objections as the
Commissioners shall have fixed as aforesaid : Provided, that it
shall be lawful for any Person considering himself aggrieved
by any Assessment to appeal from the Decision of the Com-
missioners to the Assistant Barrister at the General or Quarter
Sessions for the Division, who shall hear and determine such
Appeal, and make such Order thereupon, and as to the Costs
thereof, as shall be just, and such Determination upon such
Appeal shall be final.

And with respect to the Accounts to be kept by the Commis-
aioners, be it enacted as follows :

LXVlli. So much of ** The Commissioners Clauses Act, 1847," Accounts.
as relates to the Accounts to be kept by the Commissioners shall
be incorporated with and form Part of this Act ; provided that
the Appeal thereby directed shall, in Towns adopting the Provi-
sions of this Act, be brought before the Court of the Assistant
Barrister, who shaU hear and determine the same, and make such
Order in respect thereof, and of the Costs thereby incurred, as
shall be just, and such Determination shall be final.

And

428

C.103.

17^ & 18« YICTORIiE.

A.DJ854.

Power to Com-
minionereto
borrow Money
for the Pur-
poses of this
Act, but not
beyond the
fixed Bate of
Assessment

Tower to pre-
vent Ohsiruc-
tions in the

And with respect to the borrowing of Money for the Purposes
of this Act, be it enacted as follows :

LXIX. It shall be lawful for the Commissioners, with the Ap-
proval of the Lord Lieutenant signified in Writing by the Chief
Secretary or Under Secretary, to borrow, for the Purpose of
procuring or erecting a Slaughter-house, or for erecting Lamps,
or for constructing Common Sewers, or for procuring or supplying
Water or Gas, or Fire Engines, or for any of the Purposes au-
thorized by this Act, such Sums and at such Times, as the Com-
missioners shall deem necessary for such Purposes; provided,
that in all Cases where it shall be necessary to borrow any Sum
or Sums for the Purposes of this Act, it shall be lawful for the
Commissioners and they are hereby required, at their First
Annual Meeting for Assessment after such borrowing, to assess
all Persons within the Town liable in ABsessment under this
Act in such additional Assessment as will produce a Fund equal
to Five per Centum per Annum upon the Sum or Sums so bor-
rowed, and also to the annual Interest of such borrowed Sum
or Sums, which Sum of Five per Centum per Annum the Com-
missioners shall annually appropriate and invest, at the highest
Rate of Interest which can be had for the same, in the Public
Funds, or in the Stock of the Governor and Company of the
Bank of England or Ireland^ as a Sinking Fund, applicable and
to bo applied by the Commissioners to the Repayment of the
Money borrowed, until the Debt shall be extinguished; pro-
vided that such additional Assessment shall at no Time increase
the whole Assessment leviable beyond the maximum Rate of As-
sessment of One Shilling and Sixpence in the Pound allowed by
this Act ; and provided also, that no Sum of Money shall be
borrowed until an Estimate of the Amount required shall have
been laid before the Commissioners, and until the Expiration of
Six Weeks after public Notice shall have been given by the
Commissioners of the Amount so proposed to be borrowed, and
the Purpose to which the same is to be applied) in some News-
paper; in Circulation within such Town ; and provided also, that
the Proposal to borrow shall be disposed of at the next Meeting
of the Commissioners Six Weeks after such public Notice, and
that the Sum borrowed shall not exceed the Amount so advertised
without a further Estimate and Notice in manner above pro-
vided ; and no Commissioner or Officer acting under them shall
be personally liable for the Repayment of any Money so bor-
rowed, but all such Obligations shall be deemed and taken to be
granted on the sole Security of the Rates and Assessments autho-
rized to be assessed and levied as herein-before provided ; and,
save as above provided, so much of " The Commissioners Clauses
Act, 1847," as relates to Mortgages to be executed by the Com-
missioners shall be incorporated with and form Part of this Act

And with respect to the Regulation of Towns, and to Obstnic-
tions and Nuisances in the Streets, and to the Suppression of
Vagrants and Beggars, bo it enacted as follows :

LXX. The Commissioners may from Time to Time mal^c
Orders for the Route to bo observed by all Carts, CarriRgcs,

Horses

A.D. 1854. 17^* & 18*» VICTORIJE. C. 103. 429

Horses, and Persons, and for presenting Obstruction of the Streets durmg
Streets of the Town in all Times of public Processions, Rejoicings, public Proces-
or Illuminations, and in any Case when the Streets are thronged **^°*» *^
or liable to be obstructed, and maj also give Directions to the
Constables and Officers of the Constabulary Force for keeping
Order and preventing any Obstruction of the Streets in the
Neighbourhood of Theatres and other Places of public Resort ;
and every wilful Breach of any such Order shall be deemed an
Offence against this Act, and every Person committing any such
Offence shall be liable to a Penalty not exceeding Forty Shillings.

LXXL If any Cattle be at any Time found at large in any Power to im-
Street of the Town without any Person having the Charge pound stray
thereof, any Constable or Officer of Constabulary, or any Person Cattle,
residing within the Town, may seize and impound such Cattle,
and may detain the same until the Owner thereof pay to the Com-
missioners a Penalty not exceeding Twenty Shillings besides the
reasonable Expenses of impounding and keeping such Cattle ; and
if the said Penalty and Expenses be not paid within Three Days Power to sell
after such impounding, the Person appointed by the Commis- Mtray CatUe for
sioners for that Purpose may proceed to sell such Cattle, or cause I[«n«lty »"»*
the same to be sold ; but previous to such Sale, then Three Days ■^^P®"*®*-
Notice of such intended Sale shall be given by posting such
Notice on the Constabulary Barrack, Pound, and other Place (if
any) which may be appointed by the Commissioners for that Pur-
pose, and the Money arising from such Sale, after deducting the
said Sums, and the Expenses aforesaid, and all other Expenses
attending the impounding, keeping, and Sale of any such Cattle
so impounded, shall be paid to the Commissioners, and shall be by
them paid, on Demand, to the Owner of the Cattle so sold.

liXXIL Every Person who in any Street, to the Obstruction, penalty on
Annoyance, or Danger of the Residents or Passengers, commits Persons com-
any of the following Offences, shall be liable to a Penalty for "^^^^ ""^y ^f
each Offence as herein-after mentioned ; and any Constable or ^® Offences
other Officer appointed by virtue of this Act shall take into '^^^^^^ named.
Custody, without Warrant, and forthwith convey before a Justice
or Justices, any Person who within his View commits any such
Offence ; (that is to say,)
Every Person who exposes for Show, Hire, or Sale (except in a
Market or Market Place or Fair lawfully appointed for that
Purpose) any Horse or other Animal ; or exhibits in a Cara-
van or otherwise any Show or public Entertainment; or
shoes, bleeds, or farries any Horse or Animals (except in
Cases of Accident) ; or cleans, dresses, trains, or breaks, or
turns loose any Horse or Animal ; or makes or repairs any
Part of any Cart or Carriage (except in Cases of Accident
where Repair on the Spot is necessary), shall be liable to a
Fine not exceeding Ten Shillings :
Every Person who suffers to be at large any unmuzzled ferocious
Dog, or sets on or urges any Dog or other Animal to attack,
worry, or put in fear any Person or Animal, shall be liable
to a Fine not exceeding Ten Shillings :
Every Owner of any Dog who suffers such Dog to go at large,
knowing or having reasonable Ground for believing it to be

in

430 C. 103. 17* & IS^* VICTOBI^. A.D. 1854.

in a rabid State, or to have been bitten by anj Dog or other
Animal in a rabid State, shall be liable to a Fine not exceed-
ing Ten Shillings :

Every Person who, after public Notice given by any Justice or
Justices at Petty Sessions, Chief Magistrate, or Chairman of
Commissioners, directing Dogs to be confined on account of
»Suspicion of canine Madness, suffers any Dog to be at large
during the Time specified in such Notice, shiJl be liable to s
Fine not exceeding Ten Shillings :

Every Person who slaughters or Presses any Cattle, or any Part
thereof, except in the Case of any Cattle over -driven which
may have met with an/ Accident, and which for the public
Safety or other reasonable Cause ought to be killed on the
Spot, shall be liable to a Fine not exceeding Ten Shillings :

Every Person having the Care of any Waggon, Cart, or
Carriage, who rides on the Shafts thereof ; or who, without
having Reins, and holding the same, rides upon such Wsggon,
Cart, or Carriage or on any Animal drawing the same ; or
who is at such a Distance from such Waggon, Car^ or
Carriage as not to have due Control over every Animsl
drawing the same ; or who does not, in meeting any other
Carriage, keep his Waggon, Cart, or Carriage to the left or
near Side, or who in passing any other Carriage does not
keep his Waggon, Cart, or Carriage on the right or off Side
of the Road (except in Cases of actual Necessity, or some suffi-
cient Reason for Deviation) ; or who, by obstructing the Street,
wilfully prevents any Person or Carriage from passing him,
or any Waggon, Cart, or Carriage under hia Care, shall be
liable to a Fine not exceeding Ten Shillings :

Every Person who at One Time drives more than Two Carte
or Waggons, and every Person driving Two Csrts or
Waggons who has not the Halter of the Horse in the 1««*
Cart or W^aggon securely fastened to the Back of the Tint
Cart or Waggon, or has such Halter of a greater Length from
such Fastening to the Horse's Head than Four Feet, shall be
liable to a Fine not exceeding Ten Shillings :

Every Person who rides or drives furiously any Horse or
Carriage, or drives furiously any Cattle, shall be liable to a
Fine not exceeding Twenty Shillings :

Every Person who causes any public Carriage, Sledge, Truck,
or Barrow, with or without Horses, or any Beast of Burden,
to stand longer than is necessary for loading or unloading
Groods, or for taking up or setting down Passengers (excejpt
Hackney Carriages, and Horses and other Beasts of Draught
or Burden, standing for Hire in any Place appointed for th**
Purpose by the Commissioners or other lawful Authoritv) ;
and every Person who, by means of any Cart, Carnage*
Sledge, Truck, or Barrow, or any Animal, or other Means,
wilfully interrupts any public Crossing, or wilfully cb,^
any Obstruction in any public Footpath or other pobu^
Thoroughfare, shall be liable to a Fine not exceeding Twenty
Shillings : ,^^

Every Person who causes any Tree or Timber, or Iron B^'

A.D.1854. 17** & 18<^ VICTOBI^. C. 103. 431

to be drawn in or npon any Carriage, without having suffi-
cient Means of eafelj guiding the same, shall be liable to a
Fine not exceeding Twenty Shillings :
Every Person who leads or rides any Horse or other Animal,
or draws or drives any Cart or Carriage, Sledge, Truck,
or Barrow, upon any Footway of Any Street, or &stens any
Horse or other Animal so that it stands across or upon any
Footway, shall be liable to a Fine not exceeding Twenty
Shillings :
Every Person who places or leaves any Furniture, Goods,
Wares, or Merchandise, or any Cask, Tub, Basket, Pail, or
Bucket, or places or uses any Standing-place, Stool, Bench,
Stall, or Showboard on any Footway, or who places any
Blind, Shade, Covering, Awning, or other Projection over
and along any such Footway, unless such Blind, Shade,
Covering, Awning, or other Projection is Eight Feet in
Height at least in every Part thereof from the Ground, shall
be liable to a Fine not exceeding Twenty Shillings :

Every Person who places, hangs up, or otherwise exposes to
Sale any G^kkIs, Wares, Merchandise, Matter, or Thing
whatsoever, so that the same project into or over any Foot-
way, or beyond the Line of any House, Shop, or Building
at which the same are so exposed, so as to obstruct or incom-
mode the Passage of any Person over or along such Footway,
shall be liable to a Fine not exceeding Twenty Shillings :

Every Person who rolls or carries any Cask, Tub, Hoop, or
Wheel, or any Ladder, Plank, Pole, Timber, or Log of Wood,
upon any Footway, except for the Purpose of loading or un-
loading any Cart or Carriage, or of crossing the Footway,
shall be liable to a Fine not exceeding Twenty Shillings :

Every Person who places any Line, Cord, or Pole across any
Street, or hangs or places any Clothes thereon, shall be
liable to a Fine not exceeding Twenty Shillings :

Every common Prostitute or Nightwalker loitering and impor-
tuning Passengers for the Purpose of Prostitution, or being
otherwise offensive, shall be liable to a Fine not exceeding
Forty Shillings :

Every Person who wilfully and indecently exposes his Person,
or who commits any Act contrary to public Decency, shall
be liable to a Fine not exceeding Forty Shillings :

Every Person who publicly offers for Sale or Distribution, or
exhibits to public View, any profane, indecent, or obscene
Book, Paper, Print, Drawing, Painting, or Representation, or
sings any profane or obscene Song or Ballad, shall be liable
to a Fine not exceeding Forty Shillings :

Every Person who wantonly discharges any Fire-arm, or
throws or discharges any Stone or other Missile, or makes
any Bonfire, or throws or sets fire to any Firework, shall be
liable to a Fine not exceeding Ten Shillings :

Every Person who wilfully and wantonly disturbs any Inhabi-
tant, by pulling or ringing any Door Bell, or knocking at any
Door, ^r who wilfully and unlawfully extinguishes the Light
of any Lamp, shall be liable to a Fine not exceeding Forty
Shillings :

Every

432 C. 103. 17** & 18* VICTORIiE. A.D.1854,

Every Person who flies any Kite, or who makes or uses any
Slide upon Ice or Snow, shall be liable to a Fine not exceed-
ing Ten Shillings :

Every Person who cleanses, hoops, fires, washes, or scalds any
Cask or Tub, or hews, saws, bores, or cuts any Timber or
Stone, or slacks, sifts, or screens any Lime, shall be liable to
a Fine not exceeding Ten Shillings :

Every Person who throws or lays down any Stones, Coals,
Slate, Shells, Lime, Bricks, Timber, Iron, or other Materials
(except Building Materials so enclosed as to prevent Mis-
chief to Passengers), hall be liable to a Fine not exceeding
Ten Shillings :

Every Person who beats or shakes any Carpet, Rug, or Mat
(except Rugs or Mats beaten or shaken before the Hoar of
Nine in the Morning), shall be liable to a Fine not exceeding
Ten ShiUings :

Every Person who fixes or places any Flower Pert or Box, or
other heavy Article, in any upper Window, without sufficiently
guarding the same against being blown down, shall be liable
to a Fine not exceeding Ten Shillings :

Every Person who throws from the Hoof or any Part of any
House or other Building any Slate, Brick, Wood, Rubbish,
or other Thing, except Snow thrown so as not to fall on
any Passenger, shall be liable to a Fine not exceeding Ten
Shillings :

Every Person who leaves open any Vault or Cellar, or the En-
trance from any Street to any Cellar or Room underground,
without a sufficient Fence or Handrail ; or leaves defective
the Door, Window, or other Covering of any Vault, Area, or
Cellar, or who does not sufficiently fence any Area, Pi^ or
Sewer left open ; or who leaves such open Area, Pit, or
Sewer without a sufficient Light after Sunset to warn and
prevent Persons from falling thereinto, shall be liable to a
Fine not exceeding Ten Shillings :

Every Person who throws or lays any Dirt, Dung, Litter or
Ashes, or Nightsoil, or any Carrion, Fish, Offal, or Rubbish,
on any Street, or Sea Beach, or Strand within the Boun-
daries of a Town, or causes any offensive Matter to run
from any Manufactory, Brewery, Slaughter-house, Butcher's
Shop, or Dunghill, into any Street : Provided always, that it
shall not be deemed an Offence to lay Sand or other Materials
in any Street in Time of Frost to prevent Accidents, or
Litter or other suitable Materials to prevent the freezing of
Water in Pipes, or in case of Sickness to prevent Noise, if
tlie Party laying any such Things causes them to be removed
as soon as the Occasion for them ceases, shall be liable to ft
Fine not exceeding Ten Shillings :

Every Person who keeps any Pigstye to the Fi-ont of any
Street, not being shut out from such Street by a sufficient
Wall or Fence, or who keeps any Swine in or near any Street,
so as to be a common Nuisance, shall be liable to a Fine not
exceeding Forty Shillings :

Every Person drunk in any Street or guilty of any riotous or
indecent Behaviour in any Street, Police Office^ or Petty

A.D.1854. 17« & 18^ VICTORIiE. C. 103. 433

iSessions Court, or any Police Station House within the
Town, shall be liable to a Penalty not exceeding Forty
Shillings for every such Offence, or, in the Discretion of the
Justice or Justices before whom he is convicted, to Imprison-
ment for a Period not exceeding Seven Days.

LXXin. The Commissioners may provide such Engines for Fire Engines
extinguishing Fire, and such Appurtenances for such Engines, ^7 he pro-
and such Fire Escapes and other Implements for Safety or Use, ^^e^^o*?jJ'
in case of Fire, and keep or hire such Horses for drawing such bythTS)m-*^
Engines as they think fit, and employ a proper Number of Per- missioners.
sons to act as Firemen, and make such Rules for their Regulation
as they think proper, and give such Firemen and other Persons
SHch Salaries and such Rewards for their Exertions in Cases of
Fire as they think fit ; and the Commissioners may send such
Engines, and the said Firemen, beyond the Boundaries of the Fire Police
Town, for extinguishing Fire in the Neighbourhood of the Town, permitted to
and the Owaer of the Premises shall in such Case defray the f-j^J^oA^^
actual Expense which may be thereby incurred, and shall also xown in
pay to the Commissioners a reasonable Charge for the Use of such certain Gases.
Engines, and for the Attendance of such Firemen ; and the Amount
of the said Expenses and Charges, as well as the Propriety of
sending the said Engines and Firemen as aforesaid for extinguish-
ing such Fire (if the Propriety thereof be disputed), shall be
determined by the Justices at Petty Sessions, whose Decision shall
be final ; and the Amount of the said Expenses and Charges shall
be recovered by the Commissioners as Damages.

And with respect to Places of public Resort, be it enacted as
follows :

LXXIV. Every Victualler, or Keeper of any Public House, Penalty on
or Person licensed to sell fermented or distilled Liquors by Retail, Victuallers
to be drunk or consumed on the Premises, within the Town, who c^^^w^"^
harbours or entertains in his Public House or Place wherein he ^j^g ^^ Duty.
carries on his Business any Constable during any Part of the
Time for his being on Duty, unless for the Purpose of quelling
any Disturbance or restoring Order, shall for every such Offence
be liable to a Penalty not exceeding Twenty Shillings ; and eveiy Penalty for
Person keeping any Place of public Resort within the Town for harbouring
the Sale or Consumption of Refreshments of any kind, who know- disorderly «
ingly suffers common Prostitutes or reputed Thieves to assemble ■^®"*"^
and continue in his Premises, shall for every such Offence be
liable to a Penalty not exceeding Five Pounds.

LXXV. Every Person who within the Town keeps or acts in Penalty on
the Management of any House or Place for the Purpose of fight- ?®'*^* ^^^
ing, baiting, or worrying any Animals, shall be liable to a Penalty ^tini? Aiii^'
of not more than Five Pounds, or, in the Discretion of the Magis- mals ; and on
trate before whom he is convicted, to Imprisonment, with or with Persons found
out Hard Labour, for a Time not exceeding One Month ; and the therein.
Commissioners may, by Order in Writing, authorize the Officer
of Police, with such Constables as he thinks necessary, to enter
any Premises kept or used for any of the Purposes aforesaid, and
take into Custody all Persons found therein without lawful Excuse,
and every Person so found shall be liable to a Penalty not exceed-
ing Five Shillings ; and a Conviction for this Offence shall not

17 & 18 Vict. F f exempt

434

C.103.

17" & 18" VICTORIA.

A.D.1854.

Penalty against
Swindlers, &c

Batliing Bia-
chines and
Bathing.

What to be
Hackney Car-
riages.

exempt the Owner, Keeper, or Manager of any such House, Room,
Pit, or Place from any penal Consequence to wbich he Ib liable
for the Nuisance thereby occasioned.

LXXYI. And be it enacted, That all Thimblers, loaded Dice
Players, and other Swindlers of that or any similar Description,
who shall be found in possession of Implements or Articles for
practising Games of Hazard, or who shall exhibit such Implements
or Articles in order to induce or who shall induce any Person to
play at any Game of Hazard, or who by any fraudulent Art or
Device shall cozen, cheat, or attempt to cozen or cheat any Person,
may be convicted before a Justice on the Testimony of One or
more Witness or Witnesses, and on Conviction shall be imprisoned
for any Term not exceeding Thirty Days, and shall also at the
same Time be sentenced to repay any Money or restore any Pro-
perty which they may have obtained by means of any such Offence,
and failing such Payment or Restoration may under the same
Procedure be committed to or detained In Prison for any further
Term not exceeding Thirty Days.

And with respect to public Bathing, be it enacted as follows :
LXXVII. Where any Part of the Seashore or Strand of any
River used as a public Bathing I*lace is within the Town, the
Commissioners may make Byelaws for the following Purposes ;
(that is to say,)

For fixing the Stands of Bathing Machines on the Seashore or

Strand, and the Limits within which Persons of each Sex

shall be set down for bathing, and within which Persons shall

bathe :
For regulating the Occupation of such Stands of Bathing

Machines, and apportioning the same temporarily among the

Owners of such Machines for the Time :
For preventing any indecent Exposure of the Persons of the

Bathers :
For regulating the Manner in which and the Times at which

the Bathing Machines shall be used, and the Charges to be

made for the same :
For ensuring that the Bathing Machines shall be kept in a

proper State of Repair :
For regulating the Distance at which Boats and Vessels let

to hire for the Purpose of sailing or rowing for Pleasure

shall be kept from Persons bathing within such prescribed

Limits.

And with respect to Hackney Carriages, be it enacted as follows :
LXXVIII. Every wheeled Carriage, whatever may be its Form
or Construction, used in standing or plying for Hire in any Street
within Four Miles from the Post Office of the Town, and every
Carriage standing upon any Street within such Distance, having
thereon any numbered Plate required by this Act to be fixed
upon a Hackney Carriage, or having thereon any Plate resem-
bling or intended to resemble any such Plate as aforesaid, shall
be deemed to be a Hackney Carriage within the Meaning of this
Act ; and in all Proceedings at Law or otherwise the Term
"Ilacki'.ey Carriage" shall be sufficient to describe any such Car-
ringo ; Provided, that no Stage Coach used for the Purpose of

standing

A-D.1854. 17» & 18<» VICTORIJE. C. 103, 436

stuiding or plying for Passengei's to be earned for Hire at sepa-
rate Fares, and duly licensed for that Purpose, and having thereon
the proper numbered Plates required by Law to be placed on
such Stage Coaches, shall be deemed to be a Hackney Carriage
within the Meaning of this Act.

LXXIX. The Commissioners shall from Time to Time license Hackney Car-
to ply for Hire, within such prescribed Distance, such Hackney f^^^fV^ ^
Coaches or Carriages, of any Kind or Description adapted to the ^
Carriage of Persons, as shiUl be necessary } and for every such Fee to be paid
Licence there shall be paid to the Clerk, or other Person ap- for licences.
pointed by them to receive the same, such Sum as the Commis-
sioners direct, not exceeding Five Shillings : Provided that before
any such licence is granted, a Requisition for the same, in such Persons ap-
Form as the Commissioners may provide for that Purpose, shall plying for Li-
be made and signed by the Proprietor or One of the Proprietors ^(!^^^^or
of the Hackney Carriage in respect of which such Licence is gi^me.
applied for, and in every such Requisition shall be truly stated the
Name and Surname and Place of Abode of the Person applying for
such Licence and of every Proprietor or part Proprietor of suQh
Carriage ; and any Person who, on applying for such Licence,
states in such Requisition the Name of any Person who is not a
Proprietor or part Proprietor of such Carriage, and also any Per-
son who wilfully omits to specify truly in such Requisition as
aforesaid the Name of any Person who is a Proprietor or part
Proprietor of such Carriage, shall be liable to a Penalty not ex-
ceeding Five Pounds.

LXXX. In every such Licence shall be specified the Name and What shall be
Place of Abode of every Person who is a Proprietor or part Pro- specified in
prietor of the Hackney Carriage in respect of which such Licence "^® -Licence.
is granted, and also the Number of such Licence which shall cor-
respond with the Number to be painted or marked on the Plates
or Marks to be fixed on such Carriage, together with such other
Particulars as the Commissioners think fit ; and every Licence so Licence to be
to be granted shall be signed by Two or more of the Commis- in force for
sioners, and shall not include more than One Carriage so licensed, ^^ ^^" ^^^y-
and shall be in force from Oife Year only from the Day and the
Date of such Licence, or until the next General Licensing Meet-
ing, in case any General Licensing Day be appointed by the Com-
missioners ; and every su^ Licence shall be made out by the Licences to be
Clerk of the Commissioners, and duly entered in a Book to be registered.
provided by him for that Purpose, and in such Book shall be
contained Colunms or Places for Entries to be made of every
Offence committed by any Proprietor or Driver or Person attend-
ing such Carriage ; and any Person may at any reasonable Time
inspect such Book without Fee or Reward ; and if the Proprietor Penalty for
or part Proprietor of any Carriage permits the same to be used as plying for Hire
a Hackney Carriage plying for Hire within such prescribed Dis- ^'^^^^^ ^ ^*-
tance without having obtained a Licence for such Carriage, or ^^^'
during the Time that such Licence is suspended as herein^ after
provided, or if any Person be found driving, standing, or plying
for Hire with any Carriage within slich prescribed Distance for
which such Licence ought to be, but has not been, previously
obtained, or without having the Number of such Carriage openly
displayed on such Carriage, every Person so offending shall for

F f 2 every

436

C. 103.

17« & 18» VICTORI-aS.

A.D.1854.

Notice to be
given by Pro-
prietors of
Hackney Car-
riages of any
Change of
Abode.

Drivers not to
act without first
obtaining a
Licence.

Penalty on
Drivers acting
'without Ill-

Licences to be
suspended or
revoked for
Misconduct.

Number of
Persons to be
carried in a
Hackney Car-
ria.i?e to be
painted
ihtreon.

I'enalty for
NcgUct or for
Kefusal to
carry the pre-
scribed
Number.

every such Offence be liable to a Penalty not exceeding Forty
Shillings.

LXXXL So often as any Person named in any such Licence
as the Proprietor or One of the Proprietors changes his Place of
Abode, he shall, within Seven Days next after such Change, give
Notice thereof in Writing, signed by him, to the Commissionen,
specifying in such Notice his new Place of Abode ; and he shall
at the same Time produce such Licence at the Office of the Com-
missioners, who shall, by their Clerk, or some other Officer,
endorse thereon and sign a Memorandum specifying the Par-
ticulars of such Change ; and any Person named in any snch
Licence as the Proprietor or One of the Proprietors of any Hack-
ney Carriage, who changes his Place of Abode, and neglects or
wilfully omits to give Notice of such Change, or to produce such
Licence in order that such Memorandum as aforesaid may be
endorsed thereon, as directed by this Act, shall be liable to a
Penalty not exceeding Forty Shillings.

LXXXII. No Person shall act as Driver of any Hackney Car-
riage licensed in pursuance of this Act^ without first obtaining a
Licence from the Commissioners, which Licence shall be registered
by the Clerk to the Commissioners, and a Fee of One Shilling shall
bo paid for the same ; and every such Licence shall be in force
until the same is revoked, except during the Time that the same
may be suspended as after mentioned ; and if any Person acts as
such Driver without having obtained such Licence, or during tho
Time that his Licence is suspended, or if he lend or part with his
Licence, except to the Proprietor of the Hackney Carriage, or if
the Proprietor of any Hackney Carriage employ any Person as the
Driver thereof who has not obtained such Licence, or during the
Time that his Licence is suspended as herein-after provided, every
such Driver and every such Proprietor shall for every such Offence
respectively be liable to a Penalty not exceeding Twenty Shillings ;
and the Commissioners may, upon the Conviction for the Second
Time of the Proprietor or Driver of any Hackney Carriage for
any Offence under tho Provisions of this Act with respect to
Hackney Carriages, or any Byelaw made in pursuance thereof,
suspend or revoke, as they deem right, the Licence of any such
Proprietor or Driver.

LXXXin. No Hackney Carriage ^all stand or ply for Hire
within such prescribed Distance, unless the Number of Persons
to be carried by such Hackney Caniage, in Words at Length,
and in Form following, (that is to say,) " To carry Persons,

be printed on some conspicuous Place on the Outside of such Car-
riage, in legible Letters, so as to be clearly distinguishable from
the Ground whereon the same are painted; and the Driver of an/
Hackney Carriage shall not be required to carry a greater Number
of Persons than the Number painted thereon, and if the Vto-
prictor of any Hackney Carriage permit the same to be used, or
if any Person stand or ply for Hire with such Carriage, without
having the Number of Persons to be carried thereby painted m
manner aforesaid, or if the Driver of any Hackney Carriage refuse,
when required by the Hirer thereof, to carry in or by such
Hackney Carriage such Number of Persons, or any less Number,
every Proprietor or Driver so offending shall bo liable to a Penalty

not

A.D.1854. 170 & IS"* VICTORIA. C. 103. 437

not exceeding Forty Shillings ; and any Oriver of a Hackney Penalty on
Carriage standing at any of the Stands for Hackney Carriages, Driver for
or in any Street, who refuses or neglects, without reasonable ^f"»"igto
Excuse, to drive such Carriage to any Place within such pre- *^^*
scribed Distance, or any Distance to be appointed by any Byelaw
of the Commissioners, to which he is directed to drive by the
Person hiring or wishing to hire such Carriage, shall for every
such Offence be liable to a Penalty not exceeding Forty Shillings.

LXXXrV. If the Proprietor or Driver of any Hackney Carriage Penalty for
agree beforehand with any Person to take for any Job a Sum less demanding
than the Fare allowed by this Act, or any Byelaw made there- "*o^ ^^^^ ^^^
under, such Proprietor or Driver shall be liable to a Penalty not ? ^?*^*^^i
exceeding Forty Shillings if he exact or demand for such Job ^^^ the^cc^
more than the Fare so agreed upon ; and no Agreement whatever Fare.
made with the Driver, or with any Person having the Care of Agreement lo
any Hackney Carriage, for the Payment of more than the Fare pay niore than
allowed by any Byelaw made under this Act, shall be binding on ^^^ ^^S^^ j*?'^
the Person making the same, and any such Person may, notwith- ^^ '^
standing such Agreement, refuse to pay any Sum beyond the Fare
allowed ; and if any Person actually pay to the Driver of any Sum beyond
Hackney Carriage any Sum exceeding the Fare to which such the proper
Driver was entitled, the Person paying the same shall be entitled, ^*''® ™*y ^
on Complaint made against such Driver before a Justice, to re- ^^^^^^^'
cover back the Sum paid beyond the proper Fare, and moreover
such Driver shall be liable to a Penalty for such Exaction not
exceeding the Sum of Forty Shillings ; and in default of the Re-
payment by such Driver of such Excess, or of Payment of the said
Penalty, the Justice shall forthwith commit such Driver to Prison,
there to remain for any Time not exceeding One Month, unless
the said Excess of Fare and the said Penalty be sooner paid ; and Overcharge
every Proprietor or Driver of any Hackney Carriage who is con- to be include 1
victed of taking as a Fare a greater Sum than is authorized by ^^ ?^^^^^^^\
any Byelaw made under this Act shall be liable to a Penalty not ^^^e? ^
exceeding Forty Shillings, and such Penalty may be recovered Party.
before a Justice ; and in the Conviction of such Proprietor or
Driver an Order may be included for Payment of the Sum so
overcharged, over and above the Penalty and Costs, and such
Overcharge shall be retcy^ed to the Party aggrieved, whoso
Evidence shall be admissible in proof of such Offence.

LXXXV. If the Driver or any other Person having the Care Penalty on
of any Hackney Carriage be intoxicated while driving, or if any Drivers mis-
such Driver or other Person by wanton and furious driving, or by behaving.
any other wilfnl Misconduct, injure or endanger any Person in his
Life, Limbst or Property, he shall be liable to a Penalty not ex-
ceeding Five Pounds, and in default of Payment thereof the Jus-
tice before whom he is convicted of such Ofience may commit him
to Prison, there to remain for any Time not exceeding Two improperly
Months ; and any Driver of any Hackney Carriage who suffcjs standing with
the same to stand finr Hire across any Street or alongside of any Carriage, re-
other Hackney Carriage, or who refuses to give way, if he con- fusing to give
veniently can, to any other Carriage, or who obstructs or hinders ^^jj^^^^
the Driver of any other Carriage in taking up or setting down any ^ny other
Person into or from such other Carriage, or who wrongfully in a Driver, or dc-
forciblo Manner prevents or endeavours to prevent the Driver of priving him of

F f 3 any his Fare.

438

a 103.

17^ & IS^* VICTOBLffi.

A.R1854.

Damage d<me
by Dnrer may
be recovered
from the Pro-
prietor.

Penalty Ibr
leaving Car-
riages unat-
tended at
Places of pablic
Beiort

Penalty for
refusing to pay
the Fare.

Penalty for
damaging Car*
riages.

Commissioners
may make
Byelawsforj
regulating
Hackney Car-
riages.

any other Ilacknej Carriage from being hired, ttsM be liable to
a Penalty not exceeding Twenty Shillings ; and in every Case in
which any Hurt or Damage has been caused to any Person or
Property as aforesaid by the Driver of any Carriage let to hire,
the Justice before whom such Driver has been convicted may
direct that the Proprietor of such Carriage shall pay such Sum
not exceeding Five Pounds as appears to such Justice a reasonable
Compensation for such Hurt or Damage ; and every Proprietor
who pays aoy such Compensation as aforesaid may recover the same
from the Driver; and such Compensation shall be recoverable
from such Proprietor, and by him from such Driver, as Damages.
LXXXVI. If the Driver of any Hackney Carriage leave it in
any Street, or at any Place of public Resort or Entertainment,
without some one proper to take care of it| any Constable may
drive away such Hackney Carriage, and deposit it at some neigh-
bouring Livery Stable or other Place of safe Custody ; and such
Driver shall be liable to a Penalty not exceeding Twenty Shil*
lings for such Offence; and in default of Payment of the said
Penalty upon Conviction, and of the Expenses of taking sod
keeping the said Hackney Carriage and Horse or Horses, the
same, T>r any of them, shall be sold by Order of the Justice before
whom such Conviction is made ; and after dfducting from the
Produce of such Sale the Amount of the said Penalty, and of all
Costs and Expenses, as well of the Proceedings before such Jus-
tice as of the taking, keeping, and Sole of such Hackney Carriage,
and of such Horse or Horses, the Surplus (if any) of the said
Produce shall be paid to the Proprietor of such Hackney Carriage.
LXXXVn. If any Person refuse to pay, on Demand, to any
Proprietor or Driver of any Hackney Carriage, the Fare allowed
by any Byelaw made under this Act, suph Fare may, together
with Costs, be recovered before a Justice as a Penalty ; and any
Person using any Hackney Carriage plying under a Licence
granted by virtue of this Act who wilfully injures the same shall
for every such Offence be liable to a Penalty not exceeding Five
Pounds, and shall also pay to the Proprietor of auch Eacksej
Carriage reasonable Satisfaction for the Damage sustained by the
same ; and such Satisfaction shall be ascertained by the Justice
before whom the Conviction takes place, and shall be recovered
by the same Means as the Penalty.

LXXXVni. The Commissioners may from Time to Time
(subject to the Restrictions of this Act) make Byelaws for all or
any of the Purposes following ; (that is to say,)
For regulating the Conduct of the Proprietors and Driven of
Hackney Carriages plying within such prescribed Distaoce
in their several Employments, and for regulating the Condact
of the Owners and Boatmen of Boats plying for Hire^ *od
determining whether such Drivers and Boatmen shall wear
any and what Badges, and for regulating the Hours within
wluch they may exercise their Calling :
For regulating the Manner in which the Number of each Car-
riage, corresponding with the Number of its Licence^ shall be
displayed :
For regukting the Number of Persons to be carried by Haeknej
Carriages and Boats, and in what Manner such Number »

to

A.D.1854. 17* & 18» victories:. 0.103. 439

to be shown on sncb Carriage and Boats, and what Number
of Horses or other Animals is to draw such Carriage, and the
placing of Check^strings to the Carriages, and the holding of
the same by the Driver, and how Hackney Carriages and
Boats are to be furnished or provided :
For fixing the Stands of Hacknej Carriages, and the Distance
to which they may be compelled to take Passengers, not
exceeding such prescribed Distance :
For fixing the Bates or Fares, as well for Time as Distance,
to be paid for Hackney Carriages and Boats plying for Hire
for the Carriage of Passengers within such prescribed Dis*
tance, and for securing the due Publication of such Fares :
For securing the safe Custody and Re-delivery of any Property
accidentally left in Hackney Carriages and Boats, and fixing
the Charges to be made in respect thereof :
For licensing Porters, and regulating their Fares.

LXXXDC. It shall be lawful for the Lord Lieutenant of /r«- Commissioners
landj on the Application of the said Commissioners, to increase ^y ^JJ*^™*
the Constabalary Force stationed in such Town to act as Watch- "^**®™*®°-
men within such Town by Night, and also, upon any special
Occasions, by Day, as they may be required by the Commis-
sioners, or any Three of them ; and the said Commissioners shall
provide a Watch-house and all necessary Articles for such watch-
ing, and pa^ out of the Greneral Assessments, upon the Certificate
of the Receiver for the Constabulary Force in Ireland^ such proper
Salaries and Wages for such additional Constables as shall be
fixed by the said Lord Lieutenant ; and it shall be lawful for such Powers of
Constables and all other Constables to apprehend all such idle Constables.
and disorderly or drunken Persons as they or any of them shall
find committing any Breach of the Peace or making any improper
Noise or Disturbance during the Night, or during their Watch,
and to detain any such Persons till Morning, and then, or if
apprehended by Day, as soon as conveniently may be, to take such
Person or Persons before any Justice of the Peace for or acting
in the Borough, Town, or Place, to be dealt with according to
Law ; and if any Victualler, Publican, or other Person or Persons Penalty for
selling Beer or Spirituous Liquors shall entertain or harbour in harbouring
his, her, or their House any such Constable during his appointed ConstaWes
Hours of Duty, such Victualler, Publican, or other Person or ^^^jjuty.
Persona shall forfeit for such Offence any Sum not exceeding
Twenty Shillings.

And with respect to legal Proceedings, be it enacted as follows :
XC. In all Cases in which the Amount of any Damages, Costs, Becovery of
and Expenses is by this Act directed to be ascertained or reco- Damages, &c«
vered in a summary Manner, the same may be ascertained by and
recovered before One or more Justices, together with such Costs
of the Proceedings as the said Justice or Justices may think
proper ; and if the Sums adjudged be not paid by the Party against
whom the Adjudication is made, the same may be levied by Dis-
tress and Sale of his Goods and Chattels by Warrant under the
Hands and Seals of the said Justice or Justices making the Ad-
jadication ; and any Penalty imposed by or under the Authority
of Uiis Act, or any Byelaw made under this Act, the Recovery
whereof is not otherwise expressly provided for, may, upon Proof

Ff 4 on

440

C.103.

17^ & IS** VICTORIA A.D,

1854

Mode of pro-
ceediag before
Justices,

Distress how
to be levied ;

not unlavfiil
for Want of
Form.

Form of Con-
Tiction.

Justices,
though Com-
missioners,
may act onder
this Act.

on Oath of the Offence in respect of which the Penalty is alleged
to have been incurred, be recovered before One or more Justices,
together with such Costs of the Proceedings as they may thiuk
proper ; and if the Sums adjudged be not paid by the Party against
whom the Adjudication is made the same may be levied by Dis-
tress and Sale of his Goods and Chattels by Warrant under the
Hands and Seals of the said Justice or Justices making the Adju-
dication ; and such Justice or Justices may order that any Offender
convicted as last aforesaid be detained and kept in safe Custody
until Return can be conveniently made to the last-mentioned
Warrant, unless he give sufficient Security, by way of Recogni-
zance or otherwise, for his Appearance on the Day appointed bj
the Return, such Day not being more than Eight Days from the
Time of taking the Security ; and if before issuing such Warrant,
or upon the Return thereof, it appear to the Satisfaction of the
last-mentioned Justice or Justices that no sufficient Distress can
be had within their Jurisdiction, such Justice or Justices may, bj
Warrant under their Hands and Seals, cause the Offender to Ix)
committed to Gaol, there to remain, without Bail, for any Term
not exceeding Three Months^ unless such Penalty and Costs be
sooner paid.

XCL In proceeding before any Justice or Justices under the
Provisions of this Act, in any Case in which the Mode of Pro-
ceeding is not specially prescribed, any One Justice may summon
the Party charged to appear before the Justice or Justices by
whom the Matter is to be determined, at a Time and Place to be
named ; and upon the Appearance of the Party charged, or in
his Absence upon Proof of Service of the Summons upon him
personally, or by leaving a Copy thereof at his last known Place
of Abode or Business, the last-mentioned Justice or Justices may
hear and determine the Matter, and for that Purpose examine the
Parties or any of them, and their Witnesses, on Oath ; and the
Costs of all such Proceedings shall be in the Discretion of the
last-mentioned Justice or Justices ; and where in this Act any
Sum of Money whatsoever is directed to be levied by Distress
and Sale of the Goods and Chattels of any Party, the Ov^plus
arising from such Sale shall, after satisfying such Sum, and the
Costs and Expenses of the Distress and Sale, be returned to him,
on Demand ; and no Distress levied under the Authority of this
Act shall be unlawful, nor shall auy Party making the same be
a Trespasser, on account of any Defect or Want of Form in the
Summons, Conviction, Warrant of Distress, or other Proceeding
relating thereto, nor shall he be a Trespasser ab initio on account
of any Irregularity afterward committed by him, but all Persons
aggrieved by such Defect or Irregularity may recover full Satis-
faction in an Action upon the Case; and the Justices before whom
any Person is convicted of any Offence against the Provisions of
this Act may cause the Conviction to be drawn up according to
the Form and Directions contained in the Schedule (C.) annexed
to this Act, or to the like Effect ; and any Conviction so drawn
up shall be valid and effectual ; and Justices of the Peace, being
Commissioners or liable to Assessment under this Act, may» "
acting in Petty Sessions, notwithstanding their being Mich Com-
missioners, exercise the Jurisdiction vested in them as such Justices

under

A.D.1854. 17* & 18* VICTOBI^. C. 103. 44 1

under this Act. Every Person who, upon any Examination upon Peiuilty''on
Oath under the Provisions of this Act, shaU wilfully give fabe Persons giving
Evidence, shall be liable to Punishment for Perjury. false Evidence.

XCIL No Proceedings for the Recovery of any Penalty in- Common In-
curred under the Provisions of this Act shall be taken by any formers not to
Person other than by a Party grieved, or the Commissioners, «ye without
without the Consent in Writing of Her Majesty's Attorney A^mey^
General first had and obtained; and no such Penalty shall be Qeneral.
recovered unless Proceedings for the Recovery thereof shall have Proceedings
been commenced within Six Calendar Months after the Commis* for Penalties.
sion or Occurrence of the Offence upon which the Penalty at-
taches ; and One Half of such Penalty shall go to the Informer, Application of
and the Remainder to the Commissioners-; and if the Commis- Penalties.
sioners be the Informers they shall be entitled to the whole of
the Penalty recovered ; and all Penalties or Sums recovered on
account of any Penalty by them shall be paid over to the Treasurer,
and shall be placed to the Credit of the General Assessments Fund
for the Purposes of this Act, any Act or Acts to the contrary
notwithstanding, and notwithstan^ng the Liability of any Person As to Liabili-
to any Penalty under the Provisions of this Act, he shall not be ^«* *<* Penalty,
relieved from any other Liability to which he would have been
subject if this Act had not been passed.

XCm. Ainy Person who shall think himself aggrieved by any Appeal to
Order, Conviction, Judgment, or Determination of, or by any Quarter Ses-
Matter or Thing done by, any Justice or Justices, under the Pro- •^®™'
visions of this Act, in any Case in which the Penalty imposed or
the Sum adjudged shall exceed the Sum of Twenty Shillings,
may appeal to the Court of General or Quarter Sessions for the
respective Division or Place holden next after the Accrual of the
Cause of Complaint ; but the Appellant shall not be heard in sup-
port of the Appeal, unless within Fourteen Days after the Accrual
of the Cause of Complaint he give to the Clerk of the Commis-
sioners and to the Justice or Justices by whose Act he may think
himself aggrieved Notice in Writing stating his Intention to
bring such Appeal, together with a Statement in Writing of the
Grounds of Appeal ; and the said Court, upon hearing and finally
determining the Matter of the Appeal, shall and may, according
to its Discretion, awiu^ such Costs to the Party appealing or
appealed against as they shall think proper, and its Determination
shall be conclusive and binding on all Persons to all Intents and
Purposes whatsoever ; provided that if there be not Time to give
sucll Notice before such Sessions holden as aforesaid, then such
Appeal may be made to and such Notice and Statement given for
the next Sessions for the respective Division or Place at which
the Appeal can be heard : Provided also, that on the Hearing of
the Appeal no Grounds of Appeal shall be gone into or enter-
tained other than those set forth in such Statement as aforesaid.

XCrV. The Commissioners may sue and be sued in the Name Actions, &c.
of the Clerk for the Time being for or concerning any Contract, ^i ^y™* °^
Matter, or Thing relating to any Property, Works, or Things ^ '
vested in them by reason of the Provisions of this Act, or relating
to any Matter or Thing whatsoever entered into or done by them
under the iProvisions of this Act ; and in Proceedings by or on 5^ -^
the Part of such Commissioners against any Person for stealing iw[^rty^of

or Cominissionerf«

442

C. 103.

17* & 18« VICTORIA

A.D.1854.

Actions, &c
not to abate.

Clerk to be
reimburaed
Expenses and
Costs.

Notice of
Action.

Limitation of
Actions.
Venue.
General Issue.

Tender of
Amends, &c

No Rate or
Proceeding to
be quashed for
Want of Form,
&c

Persons acting '
in ezecation of

or wilfully injuring or otherwise improperly dealing with any
Property^ Works, or Things belonging to them or under their
Management, it shall be sufficient to state generally that the
Property or Thing in respect of which the Proceeding is insti-
tuted is the Property of the said Clerk, and all legal Proceedings
by or on the Part of or against such Commissioners under this
Act may be preferred, instituted, and carried on in his Name ; and
no Proceedings whatever shall abate or be discontinued by the
Death, Resignation, or Bemoral of the Clerk, or by reason of any
Change or Vacancy in such Commissioners, by Death. BesignatioD,
or otherwise : Provided that the Clerk in whose Name any such
Action, or Suit, Complaint, Information, or Proceeding may be
brought, preferred, instituted, or defended as aforesaid, shall be
fully reimbursed out of the general Aasessments to be levied under
this Act all such Costs, Damages, and Expenses as he shall or may
be or become liable to pay, sustain, or be put unto by reason of his
Name being so used.

XCY. No Writ of Summons and Plaint shall be sued oat
against or served upon the Commissioners or any of them, or their
Clerk, or other Officer or Person whomsoever acting under the
Direction of the Commissioners, for anything done or intended
to be done under the Provisions of this Act, until the Expiration
of One Month next after Notice in Writing shaJl have been de-
livered to him, or left at their or his Office or usual Place of
Abode, stating the Cause of Action, and the Name and Place of
Abode of the intended Phiintiff, and of his Attorney or Agent in
the Cause ; and upon the Trial of any such Action the Plaintiff
shall not be permitted to go into Evidence of any Cause of Action
which is not stated in the last-mentioned Notice ; and unless such
Notice be proved the Jury shall find for the Defendant ; and every
such Action shall be brought or commenced within Six Months
next after the Accrual of the Cause of Action, and not afterwards,
and shall be laid and tried in the County or Place where tlie Cause
of Action occurred, and not elsewhere ; and it shall be a suffldent
Defence for the Defendant to allege that he did what is complaint
of under the Provisions of this Act, and to give this Act and all
special Matter in Evidence thereunder ; and any Person to whom
any such Notice of Action is given as aforesaid may tender
Amends to the Plaintiff, his Attorney or Agent, at any Time
within One Month after Service of such Notice, and in case the
same be not accepted may plead such Tender as a Defence, and if
upon Issue joined the Jury find generally for the Defendant, or if
the plaintifl* be nonsuited or discontinue, or if Judgment be given
for the Defendant, then the Defendant shall be entitled to foU
Costs of Suit, and have Judgment accordingly.

XCYI. No Rate nor any Proceeding to be had touching the
Conviction of any Ofifbnder against this Act, nor any Order,
Award, or other Matter or Thing whatsoever, made, done^ or
transacted in or relating to the Execution of this Act, shall be
vacated, quashed, or set aside for Want of Form, or be removed
or removable by Certiorari or other Writ or Process whatso-
ever into any of the Superior Courts.

XCVn, No Matter or Thing done or Contract entered into by
the Commissioners, nor any Matter or Thing done by any Com-
missioners,

A.D.1864. 17^ & IS'^ VICTOBLaS. C. lOl 448

missioner, or by any Officer or Person whomsoever acting under Act not to be
the Direction of the Commissioners, shall, if the Matter or Thing penonaliy
were done, or the Contract were entered into band fide for the li*l>le*
Purpose of executing this Act, subject them or any of them per-
sonc^y to any Action, Liability, Claim, qr Demand whatsoever ;
and any Expense incurred by any such Commissioner, Officer, or
Person acting as last aforesaid shall be borne and repaid out of
the general Assessments levied under the Authority of this Act.

XCVin. When this Act shall be adopted in whole or in part Bond3, Con-
in any Town which had previously adopted it in whole or in part, traeta, &c
the Powers and Provisions of the said Act of the Ninth Year of ^^ ^ST^'
King Gtorge the Fourth, Chapter Eighty-two, or in any Town gaved-
or Place which had previously possessed a Local Act or Acts as
aforesaid, all Bonds, Contracts, Covenants, Agreements, and Se-
curities made and entered into, and all Assessments imposed or to
be imposed under and by virtue of such first-mentioned Acts or of
such Local Act or Acts, in so far as regards anything done under
such Acts or any of them previous to the Adoption of this Act,
shall remain in full Force and Effiact, and shall continue available
and binding on all concerned ; and nothing herein contained shall
be construed to affect the Debts, Rights, or Claims of any Creditor
undelr such Local Act or Acts ; and the Officers appointed under and Officers in
and employed on the First of January One thousand eight hundred Office to con-
and fifty-four, in the Execution of such first-mentioned Act and ^^"^^ "^
of such Local Act or Acts, shall continue to be employed under '*™®^
the Provisions of this Act so far as possible in Offices of an analo«
gous Nature, until they are respectively superseded or removed for
Insufficiency, or for other good or sufficient Cause.

XCIX. That the Public Libraries Act, 1860, and an Act passed Public Li-
in a Session held in the Sixteenth and Seventeenth Years of the braries Acts
Beign of Her present Majesty, intituled An Act to extend the }^^^ »nd 1853
Pyblic Libraries Acty 1850, to Lreland and Scotland, shall be in- ^X?Act
corporated with and read as Part of this Act, and the Chairman
of the Town Commiflaionera for the Time being shall exercise the
Powers and perform the Fonotions appointed by the said recited
Acts to be exercised and performed by the Mayor, and the Town
Commissioners shall have the Powers thereby conferred on Town
Councils ; and the Parties entitled to vote under said Act shall in
Ireland be the Parties entitled to vote at the Meeting convened
for the Adoption of this Act, as herein-before provided ; and the
Commissioners, when such AJcts for the Establishment of Libraries
shall be adopted, shall have the general Management, Regulation,
and Control of such Libraries, and may from Time to Time pur-
chase and provide the necessary Fuel, Lighting, and other similar
Matters, Books, Maps, and Specimens of Art and Science, for the
Use of such Libraries.

C. This Act shall extend only to Ireland ; and nothing herein Extension of
contained shall extend to or affect the Cities of Dublin^ Cork, Act.
Limeriek, and Londonderry^ and Town of Belfast,

SCHE-

444

C. 103.

17*»&18«VICTOBIiE.

A.D.1854.

SCHEDULES to which this Act refers.
SCHEDULE (A).

City lor Town] i NoTiCB is hereby given, That in virtue of the
^^ j Powers contained in an Act of Parliament passed

in the Session holden in the Seventeenth and Eighteenth Years
of the Reign of Her Majesty Queen Victoria, intituled ''The
Towns Improvement (Ireland) Act, 1854," and by the Order of
the Lord Lieutenant of Ireland in that Behalf, bearing Date the
Day the rated Occupiers and Lessors herein-

after mentioned of Premises of the net annual Value of Eight
Pounds and upwards in the City [or Town] of [or

where the Boundaries have been ascertained by the Lord Lteute-
nanfs Order under this Act^ within the Boundaries following, viz.,
repeat them as in the said Order\ are hereby required to meet
upon the Day of next, at

of the Clock, within [staie exact Place of Meeting^ when the said
Act shfidl be laid before the Meeting, with the view of adopting
it in whole or in part ; that is to say, the rated Occupiers and
Lessors following are required to meet as aforesaid, viz. : Every
Male Person of full Age who shall have occupied as Tenant or
Owner, or shall have been the inunediate Lessor (rated for such
Premises to the Relief of the Poor) of any Lands, Tenements, or
Premises within the said [City or Town], or within such
Boundaries as aforesaid, and shall have been so rated in respect
of such Premises for the Period of Months preceding the

said Day of Meeting, and shall have paid all such Poor Rates as
shall have become payable by him in respect of such Premises,
except such as shall have become payable within
Months preceding such Day of Meeting.
Dated at the Day of 18 •

(Signed)
E.F., Chief Magistrate,
or Justices [as the Case may be"].

SCHEDULE (B).
Form of ike Booh to be used in the Elections of Commissioners.

Names and Designationa of Commiasionen
voted for.

Qnalificationa of
Electors.

gjgnatnres ^
Electors.

SCHE-

A.D.1854. 17 ^ & 18 • VICTORIiE. C. 103, 10. 445

SCHEDULE (C).
Form cf ConvicUan*

Comity of -^ Be it remembered, That on the Day

i^* ^^^^ **-^ > of in the Year of our Lord

^ J A.B. is convicted before me [or us]

One lor Two] of Her Majesty's Justices of the Peace in and for
ike County \_or Borough, ^c/j of [A^re describe the

Offence generally^ and the June and Place when and where com-
mitiedy in the Words of this Act^ or as near thereunto as may he\
contrary to "The Towns Improvements (Ireland) Act, 1854?*
and I [or we] do adjudge that the said A,B. hath forfeited for his
said Offence the Sum of [Amount of Penalty adjudged]^ and that
he do pay to CD. the further Sum of as and

for his Cfosts in this Behalf.

Given under my Hand and Seal [or our Hands and Seals], the
Daj and Year first above written.

(Signed) (l.8.^

(l.8.)

CAP. CIV.

An Act to amend and consolidate the Acts relating to Mer-
chant Shipping. [10th August 1854.]

* ^117' HERE AS it is expedient to amend and consolidate the
< ^^ Acts relating to Merchant Shipping:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with the
Advice and* Consent of the Lords Spiritual and Temporal, and
Commons, An this present Parliament assembled, and by the
Authority of the same, as follows :

Preliminary. JhrOmiMary.

L This Act may be cited for all Purposes as ** The Merchant Short Title of
Shipping Act, 1864." Act

2. In the Construction and for the Purposes of this Act (if not interpretatioD
inconsistent with the Context or Subject Matter) the following of certun
Terms shall have the respective Meanings herein-after assigned to Tenn* in this
them ; that is to say, ^^ •

** Her Majesty's Dominions" shall mean Her Majesty's Domi-
nions strictly m called, and all Territories under the
Government of the East India Company, and all other
Territories (if any) governed by any Charter or Licence
from the Crown or Parliament of the United Kingdom :
" The United Kingdom" shall mean Great Britain and Ire^

land:
*^ British Possession " shall mean any Colony, Plantation, Island,
Territory, or Settlement within Her Majesty's Dominions,
and not within the ** United Kingdom :**
^* Tlie Treasury " shall mean the Commissioners of Her Ma-
jesty's Treasury :
** The Admiralty ** shall mean the Lord High Admiral or the
Conunissioners for executing his Office ;

« The

446 C.104. 17» 8c 18» VICTOBIiE. A.D.1864.

Preliminary, " The Board of Trade^** shall mean the Lords of the Committee

of Privy Council appointed for the Consideration of Matters

relating to Trade and Foreign Plantations :

<< The Trinity House'* shall mean the Master, Wardens, and
Assistants of the Guild, Fraternity, or Brotherhood of the
Most Glorious and Undivided Trinity and of St, Clement
in the Parish of Deptford Strond in the County of Kentf
commonly called the Corporation of the Trinity Home of
Deptford Strond:

^^ The Port of Dublin Corporation " shall mean the Corporation
for preserving and improving the Port of Dublin :

'* Consular Officer '^ shall include Consul General, Consul, and
Vice Consul, and any Person for the Time being dis-
charging the Duties of Consul General, Consul, or Vice
Consul :

'^ Receiver " shall mean any Person appointed in pursuance of
this Act Receiver of Wreck :

" Pilotage Authority" shall include all Bodies and Persons
authorized to appoint or license Pilots, or to fix or alter
Rates of Pilotage, or to exercise any Jurisdiction in respect
of Pilotage :

^' Pilot " shall mean any Person not belonging to a Ship who
has the Conduct thereof :

** Qualified Pilot " shall mean any Person duly licensed by any
Pilotage Authority to conduct Ships to which he does not
belong :

" Master " shall include every Person (except a Pilot) having
Command or Charge of any Ship :

" Seaman " shall include every Person (except Masters, Pilots,
and Apprentices dulv indentured and registered)) employed
or engaged in any Capacity on board any Ship :

" Salvor" shall, in the Case of Salvage Services rendered by
the Officers or Crew or Part of the Crew of any Ship
belonging to Her Majesty, mean the Person in command of
such Ship :

" Person " shall include Body Corporate :

" Ship " shall include every Description of Vessel used in Navi-
gation not propelled by Oars :

*^ Foreign-going Ship" shall include every Ship employed in
trading or going between some Place or Places in tho
United Kingdom, and some Place or Places situate beyond
the following Limits ; that is to lay, the Coasts of the
United Kingdom, the Islands of Guernsey^ Jerea^, Sarky
Alderneyy and Man, and the Continent of Europe between
the River Elbe and Breet inclusive :

<* Home*trade Ship " shall include every Ship employed in
trading or going within the following Limits ; that is to
say, the United Kingdom, the Islands of Guemeey, Jersey^
Sarky Aldemey^ and Man, and the Continent of Europe
between the River Elbe and Brest inclusive :

" Home-trade Passenger Ship " shall mean every Home-trade
Ship employed in carrying Passengers :

*^ Lighthouses " shall, in addition to the ordinary Meaning of
the Word, include Floating and other Lights exhibited for

the

A.D.1854. 17 ^ & 18» VICTOBIiEJ. C. 104. 447

the Guidance of Ships, and '^ Buoys and Beacons" shall Preliminarjf*

include all other Marks and Signs of the Sea :

** Wreck " shall include Jetsam, Flotsam, Lftgan, and Derelict

found in or on the Shores of the Sea or any tidal Water.
8. This Act shall come into operation on the First Day oiMay Commence-
One thousand eight hundred and fifty^five. ni^t of Act.

4. This Act shall not, except as herein-after specially provided. Exemption of
apply to Ships belonging to Her Majesty, Her Majesty's

6- This Act shall be divided into Eleven Parts :— S^on of

The First Part relating to the Board of Trade : its general Act.

Functions :
The Second Part to British Ships : their Ownership, Measure-
ment, and Registry :
The Third Part to Masters and Seamen :
The Fourth Part to Safety and Prevention of Accidents :
The Fifth Part to Pilotage :
The Sixth Part to Lighthouses :
The Seventh Part to the Mercantile Marine Fund :
The Eighth Part to Wrecks, Casualties, and Salvage :
The Ninth Part to Liability of Shipowners :
The Tenth Part to legal Procedure :
The Eleventh Part to Miscellaneous Matters.

PABT L Functions of
Board of,

THE BOARD OP TRADE : ITS GENERAL FUNCTIONS. Trade'!

6. The Board of Trade shall be the Department to undertake Board of Trade
the general Superintendence of Matters relating to Merchant to be Depart-
Ships and Seamen, and shall be authorized to carry into execution pent totuper-
the Provisions of this Ac^, and of all other Acts relating to Mer- ^^^ ghippinir
chant Ships and Seamen in force for the Time being, other than

such Acts as relate to the Revenue.

7. AU Documents whatever purporting to be issued or written^ Certificates and
by or under the Direction of the Board of Trade, and purporting* Documents
either to be sealed with the Seal of such Board, or to be signed by g^^e^^^^
One of the Secretaries or Assistant Secretaries to such Board, gig^^ ,„ a
shall be received in Evidence, and shall be deemed to be issued given Manner
or written by or under the Direction of the said Board, without to be received
further Proof, unless the contrary be shown ; and all Documents ^ Evidence.
purporting to bo Certificates issued by the Board of Trade in
pursuance of this Act, and to be sealed with the Seal of such

Board, or to be signed by One of the Officers of the Marine
Department of such Board, shall be received in Evidence, and
shidl be deemed to be such Certificates, without further Proof,
unless the contrary be shown.

8. The Board of Trade may from Time to Time prepare and B<»rd of Trade
sanction Forms of the various Books, Instruments, and Papers to issue Forms
required by this Act other than those required by the Second Part ^^^^stru-
thereof, and may from Time to Time make such Alterations therein

as it deems requisite ; and shall, before finally issuing or altering
any such Form, give such public Notice thereof as it deems neces-
sary in order to prevent Inconvenience ; and shall cause every

such

448

C.104.

17» it 18" VICTORIJE.

A.D.1854.

Fitnctiofu of
Board of
Trade,

Certain Fonni
and Instru-
ments to be
exempt from
Stamp Duty.

Penalties for
Forgery of
Seal and
fraudulent
Alteration of
Forms, and for
not using
Forms issued
by Boarded
Trade.

Application of
l^Ionies and
Fines paid to
Board of
Trade.

Hetnms to
Board of
Trade.

Buch Form to be sealed with such Seal as aforesaid, or marked
with some other distinguishing Mark, and to be supplied at the
Custom Houses and Shipping Offices of the United Kingdom free
of Charge, or at such moderate Prices as it may from Time to
Time fix, or may license any Persons to print and sell the same ;
and every such Book, Instrument, and Paper as aforesaid shall be
made in the Form issued by the Board of Trade, and sanctioned
by it as the proper Form for the Time being ; and no such Book,
Instrument, or Paper as aforesaid, unless made in such Form,
shall be admissible in Evidence in any Civil Proceeding on the
Part of any Owner or Master of any Ship ; and every such Book,
Instrument^ or Paper, if made in a Form purporting to be a
proper Form, and to be sealed or marked as aforesaid, shall be
taken to bff made in the Form hereby required, unless the con-
trary is proved.

8. All Instruments used in carrying into effect the Second
Part of this Act, if not already exempted from Stamp Duty, and
all Instruments ^hich by the Third, Fourth, Sixth, or Seventh
Parts of this Act are required to be made in Forms sanctioned by
the Board of Trade, if made in such Forms, and all Instruments
used by or under the Direction of the Board of Trade in carrying
such Parts of this Act into effect, shall be exempt from Stamp
Duty.

10. Every Person who forges, assists in forging, or procures to
be forged, such Seal or other distinguishing Mark as aforesaid,
or who fraudulently alters, assists in fraudulently altering, or pro-
cures to be fraudulently altered, any Form issu^ by the Board of
Trade, with the view of evading any of the Provisions of this Act
or any Condition contained in such Form, shall for each OiTence
be deemed guilty of a Misdemeanor ; and every Person who, in
any Case in which a Form sanctioned by the Board of Trade is,
by the Third Part of this Act required to be used, uses without
reasonable Excuse any Form not purporting to be so sanctioned,
or who prints, sells, or uses any Document purporting to be »
Form so sanctioned knowing the same not to be so sanctioned for
the Time being or not to have been prepared and issued by the
Board of Trade, shall for each such Offence incur a Penalty not
exceeding Ten Pounds.

IL Subject to the Provisions herein-after contained, all Fees
and Payments (other than Fines) coming to the Hands of the
Board of Trade under the Third and Fourth Parts of this Ac^
shall be carried to the Account of the Mercantile Marine Fund
herein-after mentioned, and shall be dealt with as herein pre-
scribed in that Behalf; and all Fines coming to the Hands of
the Board of Trade under this Act shall be paid into the Receipt
of Her Majesty's Exchequer in such Manner as the Treasury m«J
direct, and shall be carried to and form Part of the Consolidated
Fund of the United Kingdom.

12. All Consular Officers, and all Officers of Customs abroad,
and all Local Marine Boards and Shipping Masters, shall make
and send to the Board of Trade such Returns or Reports on any
Matter relating to British Merchant Shipping or Seamen as snch
Board requires ; and all Shipping Masters shall, whenever required
by the Board of Trade, produce to such Board or to its Officers jul

A.D.1854, 17» & 18» VICTORIA C.104. 449

JFunciuMt of
Official Log Books and other Documents which, in pursuance of Board qf
this Act, are delivered to them. TVade.

23, Everj Officer of the Board of Trade, and every Commis-

sioned Officer of any of Her Majesty's Ships on FuU Pay, and 2?!5'!f®^v,»^
every British Consular Officer, and the Registrar General of SS^ OffiomL*
Seamen and his Assistant, and every Chief Officer of Customs Consnis, the
in any Place in Her Majesty's Dominions, and every Shipping Registrar
Master, may, in Cases where he has Reason to suspect that the ^^i^cral of
Provisions of this Act or the Laws for the Time being relating to offi™*°'iif
Merchant Seamen and to Navigation are not complied with, Ca^^Land
exercise the following Powers ; (that is to say,) Shippmg

He may require the Owner, Master, or any of the Crew of any Hasten, may
British Ship to produce any Official Log Books or other iMpect Docu^
Documents relating to such Crew or any Member thereof in ^^°^ *^J^
their respective Possession or Control : m r c ws.

He may require any such Master to produce a List of all Per-
sons on board his Ship, and take Copies of such Official Log
Books, or Documents, or of any Part thereof :
He may muster the Crew of any such Ship :
He may summon the Master to appear and give any Explana-
tion concerning such Ship or her Crew or the said Official
Log Books or Documents :
And if upon Requisition duly made by any Person so aaihorized
in that Behalf as aforesaid, any Person refuses or neglects to
produce any such Official Log Book or Document as he is herein-
before required to produce, or to allow the same to be inspected
or copied as aforesaid, or impedes any such Muster of a Crew as
aforesaid, or refuses or neglects to give any Explanation which
he is herein-before required to give, or knowingly misleads or
deceives any Person herein-before autiiorized to demand any such
Explanation, he shall for each such Offence incur a Penalty not
exceeding Twenty Pounds.

14. Tl^ Board of Trade may from Time to Time, whenever Board of Trade
it seems expedient to them so to do, appoint any Person, as an may appoint
Inspector, to report to them upon the following Matters ; (that is ^^V^^''^^""^

to say,)
(1.) Upon the Nature and Causes of any Accident or Damage

which any Ship has sustained or caused, or is alleged to

have sustained or caused :
(2.) Whether the Provisions of this Act, or any Regulations

made under or by virtue of this Act, have been complied

with :
(3.) Whether the Hull and Machinery of any Steam Ship are

sufficient and in good Condition.

15. Every such Inspector as aforesaid shall have the following F6wen of
Powers ; (that is to say,) Inipectom.

(1.) He may go on board any Ship, and may inspect the same
or any Part thereof, or any of the Machinery, Boats,
Equipments, or Articles on board thereof to which the
Provisions of this Act apply, not unnecessarily detaining
or delaying her from proceeding on any Voyage :

(2.) He may enter and inspect any Premises the Entry or In-
spection of which appears to him to be requisite for the
Purpose of the Report which he is directed to make :

17 & 18 Vict. G g (3> He

450

C.104.

17«&18° VICTORIiE.

A.D.1854.

FtmcHoMof

Board of

Trade.

Witnesses to
be allowed
Expenses;

Penalty for
refusing to
give Evidence.

Penalty for
obstructing
Inspectors in
the Execution
of tbeir Duty.

(3.) He may, bj Summons under his Hand, require the At-
tendance of all such Persons as he thinks fit to call
before him and examine for such Purpose, and may
require Answers or Returns to an j Inquiries he thinks
fit to make :
(4.) He may require and enforce the Production of all Booka,
Papers, or Documents which he considers important for
such Purpose :
(5.) He may administer Oaths, or may, in lieu of requiring or
administering an Oath, require every Person examined
by him to make and subscribe a Declaration of the Tnitii
of the Statements made by him in his Examination :
And every Witness so summoned as aforesaid shall be allowed
such Expenses as would be allowed to any Witness attending on
Subpoena to give Evidence before any Court of Record, or if in
Scotland, to any Witness attending on Citation the Court of Jus-
ticiary ; and in case of any Dispute as to the Amount of sych
Expenses the same shall be referred by the Inspector to One of
the Masters of Her Majesty's Court of Queen's Bench in England
or Ireland, or to the Queen's and Lord Treasurer's Remem-
brancer in Scotland, who, on a Request made to him for that
Purpose under the Hand of the said Inspector, shall ascertain
and certify the proper Amount of such Expenses ; and every
Person who refuses to attend as a Witness before any such In-
spector, after having been required so to do in the Manner
hereby directed and after having had a Tender made to him of
the Expenses (if any) to which he is entitled as aforesaid, or who
refuses or neglects to make any Answer, or to give any Return,
or to produce any Document in his Possession, or to make or
subscribe any Declarations which any such Inspector is hereby
empowered to require, shall for each such Ofifbnce incur a Fenal^
not exceeding Ten Pounds,

le. Every Person who wilfully impedes any such Inspector ap-
pointed by the Board of Trade as aforesaid in the Execution of
his Duty, whether on board any Ship or dsewhere, shall incur a
Penalty not exceeding Ten Pounds, and may be seized and de-
tained by such Inspector or other Person or by any Person or
Persons whom he may call to his Assistance until such Offender
can be conveniently taken before some Justice of the Peace or
other Officer having proper Jurisdiction.

Application.

Application of
Partll. of Act

Description

and Ownership

of British

Ships,

Description and
Ownership of
^ritish Ships,

PART n.

BRITISH SHIPS : THEIR OWNERSHIP, MEASURE-
MENT, AND REGISTRY.

Application.

17. The Second Part of this Act shall apply to the whole of
Her Majesty's Dominions.

Description and Ownership of British Ships.

18. No Ship shall be deemed to bo a British Ship nnlefs sl^e
belongs wholly to Owners of the following Description ; that is to
say,

. (1> Natural-

'A.D.1854.

17«&18»VICTORIJE.

a 104.

451

(I.) Nataral-born Briiish Subjects :
' ' ProTlded that no natui^-bom Subject who has taken

the Oath of Allegiance to any Foreign Sovereign or
State ahall be entitled to be such (>wner as dTore-
said, unless he has subsequently to taidng such last-
mentioned Oath taken Uie (^th of Allegiance to
Her Majesty, and is and continues to be during the
whole Period of his so being an Owner resident in
some Place within Her Majesty's Dominions, or if
not so resident, Member of a Briiish Factory, or
Partner in a House actually carrying on Business
in the United Kingdom or in some other Place
within Her Majesty's Dominions :
(2.) Persons made Denizens by Letters of Denization, or natu-
ralized by or pursuant to any Act of the Imperial L^is-
latnre, or by or pursuant to any Act or Ordinance of the
proper legislative Authority in any British Possession :
Provided that such Persons are and continue to be
during the whole Period of their so being Owners
resident in some Place within Her Mf^est/s Do-
minions, or if not so resident Members of a British
Factory, or Partners in a House actually carrying
on Business in the United Kingdom or in some
other Place within Her Majesty's Dominions, and
have taken the Oath of Allegiance to Her Majesty
subsequently to the Period of their being so made
Denizens or naturalized :
(3.) Bodies Corporate established under, subject to the Laws
of, and having their principal Place of Business in the
United Kingdom or some British Possession.
19. Every British Ship must be registered in manner herein-
after mentioned, except,

(1.) Ships duly registered before this Act comes into operation:
(2.) Ships not exceeding Fifteen Tons Burden employed solely
in Navigation on the Rivers or Coasts of the United
Kingdom, or on the Rivers or Coasts of some British
Possession within which the Managing Owners of such
Ships are resident :
(3.) Ships not exceeding Thirty Tons Burden, and not having
a whole or fixed Deck, and employed solely in fishing or
trading coastwise on the Shores of Newfoundland or
Parts adjacent thereto, or in the Gulf of St, Lawrence,
or on such Portion of the Coasts of Canada^ Nova Scotia^
or New Brunswich as lie bordering on such Gulf :
And no Ship hereby required to be registered shall, unless re-
gistered, be recognized as "a British Ship; and no Officer of
Customs shall grant a Clearance or Transire to any Ship hereby
required to be registered for the Purpose of enabling her to proceed
to Sea as a Briiish Ship, unless the Master of such Ship, upon
being required so to do, produces to him such Certificate of Re-
gistry as is herein-after mentioned ; and if such Ship attempts to
proceed to Sea as a British Ship without a Clearance or Transire,
such Officer may detain such Ship until such Certificate is pro*
' duced to him«

G g 2 Measurement

Descftptum

and Ownership

of British

Ships.

British Ships
irith certiun
Exceptions
must be regiff-
tered.

452 .C. 104. 17* & 18« VICTORIiE. A.D.1854-

Meatwremenl Measurement of Tonnage.

of Tannage. ^^ Throughout the following Rules the Tonnage Deck shall be

Tonnage Deck; taken to be the Upper Deck in Ships which have leas than Three

Feet; Deci- Decks, and to be Uie Second Deck from below in all other Ships;

^'"^ and in carrying such Rules into effect all Measurements shall be

taken in Feet and Fractions of Feet, and all Fractions of Feet

shall be expressed in Decimals.

Rule L 21. The Tonnage of every Ship to be registered, with the Ex-

F ar"to be ^P*^®"^ mentioned in the next Section, shall previously to her

re^ter^ &c. ^^"g registered be ascertained by the following Role, herein-after

called Rule I. ; and the Tonnage of every SUp to which such

Rule can be applied, whether she is about to be registered or not,

shall be ascertained by the same Rule :

lengths. (1.) Measure the Length of the Ship in a straight Line along

the upper Side of the Tonnage Deck from the Inside of

the inner Plank (average TUckness) at the Side of the

Stem to the Inside of the Midship Stern Timber or Flani

there, as the Case may be, (average Thickness,) deductiDg

from this Length what is due to the Rake of the Bow in

the Thickness of the Deck, and what is due to the Bake

of the Stern Timber in the Thickness of the Deck, and

also what is duo to the Rake of the Stem Timber in

One Third of the Round of the Beam ; divide the Length

so taken into the Number of equal Parts required by the

following Table, according to the Class in such Table to

which the Ship belongs :

Table.
Class 1. Ships of which the Tonnage^Deck is according to the
above Measurement 60 Feet long or under, into 4
equal Parts :
„ 2. Ships of which the Tonnage Deck is according to the
above Measurement above 50 Feet long and not
exceeding 120, into 6 equal Parts :
„ 3. Ships of which the Tonnage Deck is according to the
above Measurement above 120 Feet long and not
exceeding 180, into 8 equal Parts :
„ 4. Ships of which the Tonnage Deck is according to the
above Measurement above 180 Feet long and not
exceeding 225, into 10 equal Parts :
„ 5. Ships of which the Tonnage Deck is according to the
above Measurement above 226 Feet long, into 1^
equal Parts :
Transverse (2-) Then, the Hold being first sufficiently cleared to Udmitof

Areas. the required Depths and Breadths being properly taken,

find the Tmnsverse Area of such Ship at each Point of
Division of the Length as follows : — ^Measure the Depth
at each Point of Division, from a Point at a Distance of
One Third of the Round of the Beam below such Det»f
or, in case of a Break, below a Line stretched in con-
tinuation thereof, to the upper Side of the Floor Timber
at the Inside of the Limber Stroke, after deducting the
average Thickness of the Ceiling which is between the
Bilge Planks and Limber Strake i then, if the Depth at

w

A D.1854. 17« & 18« VICTORLiE. C. 104. 453

the Midship Division of the Length do not exceed Six- MeaatremeiU
teen Feet, divide each Depth into Four equal Parts ; then ^f ^^««»S«-
measure the inside horizontal Breadth at each of the
Three Points of Division, and also at the upper and
lower Points of the Depth, extending each Measurement
to the average Thickness of that Part of the Ceiling
which is between the Points of Measurement ; number
these Breadths from above (t. e, numbering the upper
Breadth One, and so on down to the lowest Breadth) ;
multiply the Second and Fourth by Four, and the Third
by Two ; add these Products together, and to the Sum
add the First Breadth and the Fifth; multiply the Quan-
tity thus obtained by One Third of the common Interval
between the Breadths, and the Product shall be deemed
the Transverse Area ; but if the Midship Depth exceed
Sixteen Feet, divide each Depth into Six equal Parts
instead of Four, and measure as before directed the
horizontal Breadths at the Five Points of Division, and
also at the upper and lower Points of the Depth; number
them from above as before ; multiply the Second, Fourth,
and .Sixth by Four, and the Third and Fifth by Two;
add these Products together, and to the Sum add the .
First Breadth and the Seventh ; multiply the Quantity
thus obtained by One Third of the common Interval
between the Breadths, and the Product shall be deemed
the Transverse Area.

(3.) Having thus ascertained the Transverse Area at each Compntation
Point of Division of the Length of the Ship as required ^™ Areaa.
by the above Table, proceed to ascertain the Jiegister
Tonnage of the Ship in the following Manner : — Number
the Areas successively 1, 2, 3, ^c. No. 1. being at the
extreme Limit of the Length at the Bow, and the last
No. at the extreme Limit of the Length at the Stern ;
then, whether the Length bo divided according to the
Table into Four or Twelve ^arts as in Classes 1 and 5,
or any intermediate Number as in Classes 2, 3, and 4,
multiply the Second and every even numbered Area by
Four, and the Third and every odd numbered Area
(except the First and Last) by Two ; add these Products
together, and to the Sum add the First and Last if they
yield anything ; multiply the Quantity thus obtained by
One Third of the common Interval between the Areas,
and* the Product will bo the Cubical Contents of the
Space under the Tonnage Deck ; divide this Product by
One hundred, and the Quotient being the Tonnage under
the Tonnage Deck shall be deemed to be the Kegistcr
Tonnage of the Ship, subject to the Additions and De-
ductions herein-after mentioned.

(4.) If there be a Break, a Poop, or any othf»r permanent Poop and any
closed-in Space on the Upper Deck, available for Cargo |^«^ dosel-m
or Stores, or for the Berthing or Accommodation of ^^^
Passengers or Crew, the Tonnage of such Space ^liall bo
ascertained as follows : — Measure the internal moan
]jength of such Spaoo in Feet, and divide it into Two

G g 3 equal ^

4ff4 C. 104. 17*^ & 18* VICTOBIiE, A.D.1864,,

MtanaremeM equal Parta ; measure at the Middle of ita Height Three

qf ToHMge* inside Breadths, namely, one at each End and the other

^'^ at the Middle of the Length ; then to the Sum of the

End Breadths add Four Times the Middle Breadth, and
multiply the whole Sum by One Third of the common
Interval between the Breadths ; the Product will give
the mean horizontal Area of such Space ; then measure
the mean Height, and multiply by it the mean horizontal
Area; divide the Product by One hundre4f and the
Quotient shall be deemed to be the Tonnage of such
Space, and shall be added to the Tonnage under the
Tonnage Deck, ascertained as aforesaid, subject to the
following Proviaoea ; firat, that nothing shall be added
for a closed-in Space solely appropriated to the berthing
of the Crew, unless such Space exceeds One Twentieth
of the remaining Tonnage of the Ship, and in case of
such Excess the Excess only shall be added; and,
secondly, that nothing shall be added in respect of any
Building erected for the Shelter of Deck Passengers, and
approv^by the Board of Trade.
In case of Two (5.) If the Ship has a Third Deck, commonly called a Spar
or more Deckg, Deck, the Tonnage of the Space between it and the

Tonnage Deck shall be ascertained as follows : — Measure
in Feet the inside Length of the Space at the Middle of
its Height from the Plank at the Side of the Stem to the
Lining on the Timbers at the Stern, and divide the Length
into the same Number of equal Parts into which the
M Length of the Tonnage Deck is divided as above directed;
measure (also at the Middle of its Height) the inside
Breadth of the Space at each of the Points of Division,
also the Breadth of the Stem and the Breadth at the
Stern; number them successively 1, 2, 3, ^,, commencing
at the Stem ; multiply the Second and all the other even
numbered Breadths by Four, and the Third and all the
other odd numbered Breadths (except the First and Last)
by Two; to the Sum of these Products add the First and
Last Breadths ; multiply the whole Sum by One Third
of the common Interval between the Breadths, and the
Result will give in Superficial Feet the mean horizontal
Area of such Space ; measure the mean Height of such
Space, and multiply by it the mean horizontid Area, and
the Product will be the Cubical Contents of the Space ;
divide this Product by One hundred, and the Quotient
shall be deemed to be the Tonnage of such Space, and
ahall be added to the other Tonnage of the Ship ascer-
tained aa aforesaid ; and if the Ship has more than Three
Decks, the Tonnage of each Space between Decks above
the Tonnage Deck shall be severally ascertained in
manner above described, and shall be added to the
BuLE n. Tonnage of the Ship ascertained as aforesaid.

For Ships not 22. Ships which, requiring to be measured for any Purpose other
requiri^ Re- than Regiatry, have Cargo on board and Ships which, requiring to
gwtry, &c ^ measured for the Purpose of Begistryi cannot be measured by

th9

A^D.1854. 17« & 18« VICTOBI^ C. 104. 455;

the Bule above giren, shall be measured by the following Rule, ^^^^"^
herein-after called Rule II. : "^ »__r^

(1.) Measure the Length on the Upper Deck from the Outside Length.
of the outer Plank at the Stem to the Aftside of the Stern
Post, deducting therefrom the Distance between the Aft-
side of the Stern Post and the Rabbet of the Stern Post
at the Point where the Counter Plank crosses it ; mea-
sure also the greatest Breadth of the Ship to the Outside Breadtli.
of the outer Planking or Wales, and then, having first
marked on the Outside of the Ship on both Sides thereof
the Height of the Upper Deck dt the Ship's Sides, girt
the Ship at the greatest Breadth in a Direction perpen-
dicular to the Keel from the Height so marked on the
Outside of the Ship on the one Side to the Height so
marked on the other Side by passing a Chain under the
Keel; to Half the Girth thus taken add Half the main Girtuigoftbe
Breadth ; square the Sum ; multiply the Result by the Ship.
Length of the Ship taken as aforesaid ; then multiply
this Product by the Factor -0018 (Eighteen Ten-thou-
sandths) in l^e Case of Ships built of Wood, and by
•0021 (Twenty-one Ten-thousandths) in the Case of
Ships built of Iron, and the Product shall be deemed the
Raster Tonnage of the Ship subject to the Additions
and Deductions herein-after mentioned.
(2.) If there be a Break, a Poop, or other closed-in Space on Poop and other
the Upper Deck, the Tonnage of such Space shall be closed-in
ascertained by multiplying together the mean Length, Spaces on
Breadth, and Depth of such Space, and dividing the ^^^^ ^^*'-
Product by 100, and the Quotient so obtained. shall be
deemed to be the Tonnage of such Space, and shall,
subject to the Deduction for a closed-in Space appro-
priated to the Crew as mentioned in Rule L, be added
to the Tonnage of the Ship ascertained as aforesaid. Rcxb III.

23. In every Ship propelled by Steam or other Power requiring

Engine Boom, an Allowance shaJl be made for the Space occupied Allowance for
by the propelling Power, and the Amount so allowed shall be iJi^yJeMnere!™
deducted from the gross Tonnage of the Ship ascertained as afore-
said, and the Remainder shall be deemed to be the Register Ton-
nage of such Ship ; and such Deduction shall be estimated as
follows ; (that is to say,)

(a.) As regards Ships propelled by Paddle Wheels in which To be rateable
the Tonnage of the Space solely occupied by and necessary for jj^ ordinary
the proper working of the Boilers and Machinery is above Steamers,
Twenty |»er Cent and under Thirij per Cent, of the gross Ton-
nage of the Shipi such Deduction shall be Thirty-seven One-
hundredtha of such gross Tonnage ; and in Ships propelled by
Screws in which the Tonnage of such Space is above Thirteen
per Cent, and under Twenty per Cent, of such gross Tonnage,
such Deduction shall be Thirty-two One-hundredths of such
gross Tonnage :

(6.) As regards all other Ships, the Deduction shall, if the May be mea-
Commissiooers of Customs and the Owner both agree thereto, be "JJ^*^ where
estimated in the same Manner ; but either they or he may in .^^^^ ^
tbeir or hia Discretion require the Space to be measured and ^^ or small

G g 4 the *

456

C.104.

17° & 18» VICTORIA

A.D.1854.

Meamnremeni
qfTtmnage.

Mod6 of Mcft*

In case of
■eparate Com-
partinents.

Shaft Trank
of Screw
Steamer.

Alteration of
Engine Koom.

Penalhr for car-
rying Goods in
•ocb Space.

BULE IV.

Open Shipa
bow measured.

the Deduction estimated accordinglj ; and whenever such Mea-
surement is so required the Deduction shall consist of the
Tonnage of the Space actually occupied hy or required to he
inclosed for the proper working of the Boilers and Machinery,
with the Addition in the Case of Ships propelled by Paddle
Wheels of One Half, and in the Case of Ships propelled hy
Screws of Three Fourths of the Tonnage of such Space ; and
the Measurement and Use of such Space shall be governed hy
the following Rules ; (that is to say,)

(1.) Measure the mean Depth of the Space from its Crown to
the Ceiling at the Limber Strake, measure also Three,
or, if necessary, more than Three Breadths of the Space
at the Middle of its Depth, taking One of such Mea-
surements at each End, and another at the Middle of
the Length ; take the Mean of such Breadths ; measure
also the mean Length of the Space between the foremost
and aftermost Bulkheads or Limits of its Length, ex-
cluding such Parts, if any, as are not actually occupied
by or required for the proper working of the Machinery ;
multiply together these Three IHmensions of Length,
Breadth, and Depth, and the Product will be the Cubical
Contents of the Space below the Crown ; then find the
Cubical Contents of the Space or Spaces, if any, aboye
the Crown aforesaid, which are framed in for the Ma*
chinery or for the Admission of Light and Air, by multi-
plying together the Length, Depth, and Breadth thereof;
add such Contents to the Cubical Contents of the Space
below the Crown ; divide the Sum by 100; and the
Result shall be deemed to be the Tonnage of l^e said
Space :
(2.) If in any Ship in which the Space aforesaid is to be mea-
sured the Engines and Boilers are fitted in separate
Compartments, the Contents of each shall be measured
severally in like Manner, according to the above Rules,
and the Sum of their several Results shall be deemed to
be the Tonnage of the said Space :
(3.) In the Case of Screw Steamers in which the Space afore*
said is to be measured, the Contents of the Shaft Trunk
shall be added to and deemed to form Part of such Space,
and shall be ascertained by multiplying together the mean
Length, Breadth, and Depth of the Trunk, and dividing
the Product by 100:
(4.) If in any Ship in which the Space aforesaid is to be mea-
sured any Alteration be made in the Length or Capacity
of such Space, or if any Cabins be fitted in such Spacer
such Ship shall be deemed to be a Ship not registered
until Remeasurement :
(5.) If in any Ship in which the Space aforesaid is to be mea-
sured any Goods or Stores are stowed or carried in such
Space, the Master and Owner shall each be liable to a
Penalty not exceeding One hundred Pounds.
24. In ascertaining the Tonnage of open Ships the upper Edge
of the upper Strake is to form the Boundary Line of Measure-
ment, and the Depths shall be taken from an athwartship Lio^

extended

A.D. 1854, 1 V« & 18« VICTORIiE. G 104, 457

extended from upper £dge to upper Edge of the said Strake at Me(umremeHt
each Division of the Length. ^/ Tonnage.

25. In every registered BriUsk Ship the Number denoting Tonnage and
the Register Tonnage, ascertained as herein-before directed, and JJ™!^ ^
the Number of her Certificate of Registry, shall be deeply carved ^^^^^
or otherwise permanently marked on her Main Beam, and shall be Mii^n Beam,
so continued ; and if it at any Time cease to be so continued such

Ship shall no longer be recognized as a British Ship.

26. Whenever the Tonnage of any Ship has been ascertained Tonnage i^hen
and registered in accordance with the Provisions of this Act, the once ascer-
same shall thenceforth be deemed to be the Tonnngo of such Ship, *"''*^ ^
and be repeated in every subsequent Registry thereof, unless any J^^tibe
Alteration is made in the Form or Capacity of such Ship, or unless Xonnage.

it is discovered that the Tonnage of such Ship has been erroneously
computed ; and in either of such Cases such Ship shall be remea-
sured, and her Tonnage determined and registered according to
the Rules herein-before contained in that Behalf.

\ 27. The Rules for the Measurement of Tonnage herein con- Bemeasnre-
tained shall not make it necessary to alter the present registered ment of Ships
Tonnage of any British Ship registered before this Act comes into already regia-
operation ; but if the Owner of any such Ship desires to have the ^[^ ^^^
same remeasured according to such Rules, he may apply to the ^ be'compol-
Commissioners of Customs for the Purpose, and such Commis- gory,
sioners shall thereupon, and on Payment of such reasonable
Charge for the Expenses of Remeasurement, not exceeding the
Sam of Seven Shillings and Sixpence for each Transverse Section,
as they m^ authorize, direct such Remeasurement to be made,
and such Ship shall thereupon be remeasured according to such
Rules as aforesaid, or according to such of them as may be appli-
cable ; and the Number denoting the Register Tonnage shall be
altered accordingly.

28. If it appears to the Commissioners of Customs that in any Power to
Steam Ship measured before this Act comes into operation Store rcmeasore En-
Rooms or Coal Bunkers have been introduced into or thrown P"**^J"
across the Engine Room, so that the Deduction from the Tonnage ^^^d!!^
on account of the Engine Room is larger than it ought to be, the

said Commissioners may, if they think fit, direct such Engine
Room to be remeasured according to the Rules in force before
this Act comes into operation, excluding the Space occupied by
such Store Rooms or Coal Bunkers, or may, if the Owners so
desire, cause the Ship to be remeasured according to the Rules
herein-before contained, and subject to the Conditions contained
in the last preceding Section ; and after Remeasurement the said
Commissioners shall cause the Ship to be registered anew, or the
R^stry thereof to be altered, as the Case may require.

29. The Commissioners of Customs may, with the Sanction of Officers may
the Treasury, appoint such Persons to superintend the Survey and be appointed
Admeasurement of Ships as they think fit ; and may, with the SSns mSte for
Approval of the Board of Trade, make such Regulations for that Measurement
Purpose as may be necessary ; and also, with the like Approval, ofSfaipa.
make such Modifications and Alterations as from Time to Time

become necessary in the Tonnage Rules hereby prescribed, in order
to the more accurate and uniform Application thereof, and the

effectual

45a>

a 104.

17» & 18« VICTORIiE.

A.D.1854^

Reaistry of
British Shipg^

Begiatran of
British Ships.

8 itist'tation of
Goyemor
abroad for
Commissioners
of Customs and
of Consul for
Justice.

Register Book.

effectual carrjing oat of the Principle of Admeasurement thttein
adopted.

Registry of British Ships,

80. The following Persons are required to register Briiisk
Ships, and shall be deemed Registrars for the Purposes of this
Act ; (that is to saj,)
(1.) At any Port or other Place in the United Kingdom or IsU
of iian approved bj the Commissioners of Customs for
the Registry of Ships, the Collector, Comptroller, or
other principal Officer of Customs for the Time being :
(2.) In the Islands of Guernsey and Jersey^ the principal Officers
of Her Majesty's Customs, together with the Governor,
Lieutenant Governor, or other Person administering the
Government of such Islands respectively :
(d«) In MaUa^ GibraUar^ and Heligoland^ the Gh>vemor, lieu-
tenant Governor, or other Person administering the
Government of such Places respectively :
(4.) At any Port or Place so approved as aforesaid within the
Limits of the Charter but not under the Government of
the East India Company, and at which no Custom House
is established, the Collector of Duties, together with the
Governor, Lieutenant Governor, or other Person adminis*
tering the Government :
(5.) At the Ports of CalcuttOy Madras^ and Bomhasfy the Master
Attendants, and at any other Port or Place so approved
as aforesaid within the Limits of the Charter and under
the Government of the East India Company, the Col-
lector of Duties, or any other Person of Six Years
standing in the Civil Service of the said Company who
is appointed by any of the Governments of the said
Company to act for this Purpose :
(6.) At every other Port or Place so approved as aforesaid
within Her Majesty's Dominions abroad, the Collector,
Comptroller, or other principal Officer of Customs or of
Navigation Laws, or if there is no such Officer resident
at such Port or Place, the Governor, Lieutenant Grovemor,
or other Person administering the Government of the
Possession in which such Port or Place is situate*
3L The Governor, Lieutenant Governor, or other Person ad*>
ministering the Government in any British Possession where any
Ship is registered under the Authority of this Act shall, with
regard to the Performance of any Act or Thing relating to the
Rf^stry of a Ship or of any Interest therein, be considei^ in aU
respects as occupying the Place of the Commissioners of Customs ;
and any British Consular Officer shall, in any Place where there is
no Justice of the Peace, be authorised to take any Declarati<m
hereby required or permitted to be made in the Presence of a
Justice of the Peace.

82. Every Registrar shall keep a Book,^ to be called '*The
Register Book," and enter therein the Particulars herein-after
required to be registered.

83. The

A.D,1854, 17*^ & 18* YJCTORI^ P.104> ' 4«3

88. The Port or Place at wbicb any BriHah Ship is registered Fort of Ke-
for the Time being shall be considered her Port of Begistrj or the gutrj of Bri-
Port to which she belongs. *ish Ship.

84. The following Rules shall be observed with respect to the Name of Ship.
Names of British registered Ships ; (that is to say^)

(1.) Before Eegistry tlie Name of each Ship and of the Port to

which she belongs shall be painted on a conspicuous

Part of her Stem on a dark Ground in White or Yellow

Letters of a Length not less than Four Inches :

(2.) No Change shall be made in the Name of any registered

Ship :
(3.) No Ck>noealment, Absence, or avoidable Obliteration of the
above Names shall be permitted, except for the Purpose
of escaping Capture by an Enemy :
(4.) The Ship shall not be described by or with the Knowledge
of the Owner or Master by any Name other than the One
by which she is registered :
And for every Breach of the above Rules or any of them the
Owner and Master shall each incur a Penalty not exceeding One
hundred Pounds.

S5, Every Application for the Registry of a Ship shall in the Application for
Case of Individuals be made by the Person requiring to be regis- ^^^&«^y ^y
tered as Owner, or by some One or more of such Persons if more ^^™ ^ ^
than One, or by his or their duly authorized Agent, and in the
Case of Bodies Corporate by their duly authorized Agent ; the
Authority of such Agent, if appointed by Individuals, to be testi-
fied by some Writing under the Hands of the Appointors, and if
appointed by a Body Corporate, by some Instrument under the
Common Seal of such Body Corporate.

86. Before Registry, the Ship shall be surveyed by a Person Survey of
duly appointed under this Act ; and such Surveyor shall grant a Ship.
Certificate in the Form marked A. in the Schedule hereto, specify*-

ing her Tonnage, Build, and such other Particulars descriptive of
the Identity of the Ship as may from Time to Time be required
by the Board of Trade ; and such Certificate shall be delivered to
the Registrar before Registry.

87. The following Rules shall be observed with respect to Entries Rules an (u
in the Register Book ; (that is to say,) Entries ia

(1.) The Property in a Ship shall be divided into Sixty-four ^^^
Shares: ^^

(2.) Subject to the Provisions with respect to joint Owners or
Owners by Transmission herein-after contained, not more
than Thirty-two Individuals shall be entitled to be regis-
tered at the same Time as Owners of any One Ship;
but this Rule shall not affect the beneficial Title of any
Number of Persons or of any Company represented by
or claiming under or through any registered Owner or
joint Owner :

(3.) No Person shall be entitled to be registered as Owner of
any. fractional Part of a Share in a Ship; but any
Number of Persons, not exceeding Five, may be regis-
tered as joint Owners of ft Ship or of a Share or Shares
herein;

(4.) Joint

AM

a 104.

17^ & 18« VICTOEIJBL

A.D:1854.

Regisirgof
British Ships.

Beclantioii of
Ownership by
indiyidiial
Owner.

Declaration
of Ownenhip
by Body Cor-
ponte

(4.) Joint Owners sball be considered as constituting Ond
Person only as regards the foregoing Rnle relating to
the Number of Persons entitled to be registered as
Owners, and shall not be entitled to dispose in severalty
of any Interest in anj Ship or in anj Share or Shares
therein in respect of which they are registered :

(5.) A Body Corporate may be registered as Owner by its CJor-
porate Name.

88. No Person shall be entitled to be registered as Owner of a
Ship or any Share therein until he has made and subscribed a
Declaration in the Form marked B. in the Schedule hereto,
referring to the Ship as described in the Certificate of the Sur-
veyor, and containing the following Particulars ; (that is to say,)

(I.) A Statement ^ his Qualification to be an Owner of a Share

in a British Ship :
(2.) A Statement of the Time when and the Place« where such
Ship was built, or (if the Ship is Foreign-built, and the
Time and Place of building not known,) a Statement
that she is Foreign-built, and that he does not know the
Time or Place of her building ; and, in addition thereto^
in the Case of a Foreign Ship, a Statement of her
Foreign Name, or (in the Case, of a Ship condemned) a
Statement of the Time, Place, and Court at and by
which she was condemned :
(3.) A Statement of the Name of the Master :
(4.) A Statement of the Number of Shares in such Ship of

which he is entitled to be registered as Owner :
(5.) A Denial that, to the best of his Knowledge and Belief, any
unqualified Person or "Body of Persons is entitled as
Owner to any legal or beneficial Interest in such Ship or
any Share therein :
Tlie above Declaration of Ownership shall be made and subscribed
in the Presence of the Registrar if the Declarant reside within
Five Miles of the Custom House of the Port of Registry, but if
beyond that Distance in the Presence of any Registrar or of any
Justice of the Peace.

89. No Body Corporate shall be entitled to be registered as
Owner of a Ship or of any Share therein until the Secretary or
other duly appointed Public Oflicer of such Body Corporate has
made and subscribed in the Presence of the Registrar of the Port
of Registry a Declaration in the Form marked C. in the Schedule
hereto, referring to the Ship as described in the Certificate of the
Surveyor, and containing the foUof^ing Particulars; (that is to
say,)

(1.) A Statement of such Circumstances of the Constitution
and Business of such Body Corporate as prove it to be
qualified to own a British Ship :

(2.) A Statement of the Time when and the Place where such
Ship was built, or (if the Ship is Foreign-built, and the
Time and Place of building unknown,) a Statement that
she is Foreign-built, and that he does not know the Time
or Place of her building ; and, in addition thereto, in the
Case of a Foreign Ship, a Statement of her Foreign

NamCy

^Da854 17» & W VICTORIA C 104. 461

Name, or (in the Case of a Ship condemned) a Statement

of the Time, Place, and Court at and bj which she was Sriiuk>

condenmed : "^^

(3.) A Statement of the Name of the Master:

(4.) A Statement of the Number of Shares in such Ship of
which such Body Corporate is Owner :

(5.) A Denial that, to the best of his Knowledge and Belief, any
unqualified Person or Body of Persons is entitled as -
Owner to any legal or beneficial Interest in such Ship or
any Share therein.

40. Upon the First Registry of a Ship there shall, in addition Evidenoe to be
to the Declaration of Ownership, be produced the following produced oo
Evidence ; (that is to say,) Kegirtiy.

(1.) In the Case of a ^r»<wA-built Ship, a Certificate (which
the Builder is hereby required to grant under his Hand)
containing a true Account of the proper Denomination
and of the Tonnage of such Ship as estimated by him,
and of the Time when and of the Place where such Ship
was built, together with the Name of the Party (if any)
on whose Account he has built the same, and, if any
Sale or Sales have taken place, the Bill or Bills of Sale
under which the Ship or Share therein has become vested
in the Party requiring to be registered as Owner ;

(2.) In the Case of a Foreign-built Ship, the same Evidence as
in the Case of a jBrt^A-built Ship, unless the Person
requiring to be registered as Owner, or, in the Case of a
Body Corporate, the duly appointed Officer, declares that
the Time or Place of her building is unknown, or that
the Builder's Certificate cannot he procured, in which
Case there shall be required only the Bill or Bills of Sale
under which the Ship or Share therein became vested in
the Party requiring to be registered as Owner thereof:

(3.) In the Case of a Ship condemned by any competent Courts
an official Copy of the Condemnation of such Ship :

4L If any Builder wilfully makes a false Statement in any Penaltf for
Certificate hereby required to be granted by him he shall for every ^Wie Certifi-
such Offence incur a Penalty not exceeding One hundred Pounds. ^*^*

42. As soon as the foregoing Requisites to the due Registry of Futieiilan

a Ship have been complied with, the Registrar shall enter in the ^^S ^k.
Register Book the following Particulars relating to such Ship ; ^^K"^ Book,
(that is to say,)

(1.) The Name of the Ship and of the Port to which she

belongs :
(2.) The Details as to her Tonnage, Build, and Description
comprised in the Certificate herein- before directed to be
given by the Surveyor :
(3.) The several Particulars as to her Origin stated in the Decla-
ration or Declarations of Ownership :
(4.) The Names and Descriptions of her registered Owner or
Owners, and if there is more than One such Owner, the
Proportions in which they are interested in such Ship :

43. No Notice of any Trust, express, implied, or constructive, No Notice
shall be entered in the Register Book, or receivable by the Regis- Sj^!^
trar; and, subject to any Rights and Powers appearing by the "^"^

Register

46k

0.104^;

47^ & 18« VICTO&r^

A.D.1854

Hegistiyof
British Ships.

Certificate of
Registry. .

Certificate of
Registry to be
granted.

Change of
Owners to be
indorsed on
Certificate
of liegistrjr.

Change of
Master to be
indorsed on
Certificate of
Itegistry.

Register Book to bio vested in any other l^arty, the registered
Owner of any Ship or Share therein shall have Power absolutely
to dispose in manner herein-after mentioned of such Ship or
Share, and to give effectual Receipts for any Money paid or
advanced by way of Consideration.

Certificate of RegUtrff.

4A. Upon the Completion of the Registry of any Ship the

Registrar shall grant a Certificate of Registnr in the Form marked

D. in the Schedule hereto, comprising the following Particulars ;

(that is to say,)

(1.) The Name of the Ship and of the Port to which she

belongs :
(2.) The Details as to her Tonnage, Build, and DeBcription
comprised in the Certificate herein-before directed to be
given by the Surveyor :
(3.) The Name of her Master :

(4.) The several Particulars as to her Origin stated in the De-
clation or Declarations of Ownership :
' (5.) The Names and Descriptions of her registered Owner or
Owners, and if there is more than One such Owner,
the Proportions in which they are respectively interested,
indorsed upon such Certificate.

45. Whenever any Change takes place in the registered Owner*
ship of any Ship, then, if such Change occurs at a Time when
the Ship is at her Port of Registry, the Master shall forthwith
deliver the Certificate of Registry to the Registrar, and he shall
indorse thereon a Memorandum of such Change ; but if such
Change occurs during the Absence of the Ship from her Port
of Registry, then upon her first Return to such Port the Master
Hhall deliver the Certificate of Registry to the Registrar, and he
shall indorse thereon a like Memorandum of the Change ; or if she
previously arrives at any Port where there is a British Registrar,
such Registrar shall, upon being advised by the Registrar of her
Port of Registry of the Change having taken place, indorse a
like Memorandum thereof on the Certificate of Registry, and msj
for that Purpose require the Certificate to be delivered to him,
so that the Ship be not thereby detained ; and any Master who
fails to deliver to the Registrar the Certificate of Registry as
lierein-before required shall incur a Penalty not exceeding One
hundred Pounds.

46. Wlienever the Master of any British registered Ship i^
changed, the following Persons, that is to say, if such Change is
made in consequence of the Sentence of any Naval Court, the pre-
siding OflScer of such Court, but if the Change takes place from
any other Cause, the Registrar, or if there is no Registrar the
British Consular Officer resident at the Port where such Change
takes place, shall indorse on the Certificate of Registry a Memo-
randum of such Change, and subscribe his Name to such Indorse-
ment, and forthwith report the Change of Master to the Commis-
sioners of Customs in London; and the Ofiicers of Customs at any
Port situate within Her Majesty's Dominions may refuse to admit
any Person to do any Act at such Port as Master of any BrUith
Ship, unless hh Name- is inccrtcd in pr .indorsed upon theCer?-
.. . tificate

A.I).1854. 17^ & 18* VICTORLE* C.104; 46*

tiftcate of Registry of sach Ship as the last appointed Master CerHfieate of
thereof. Registry.

47. The Registrar may, with the Sanction of the Commis- Power to grant
siooers of Customs, upon Uie Deliverj up to him of the former new Certifi*
Certificate of Registry, grant a new Certificate in the Place of <^^*

the one so delivered up.

48. In the event of the Certificate of Registry of any Ship Provision in
being mishiid, lost, or destroyed, if such Event occurs at any Port cue of Loss of
in the United Kingdom, the Ship being registered in the United Certificate.
Kingdom, or at any Port in any British Possession, the Ship being
registered in the same British Possession, then the Registrar of her

Port of Registry shall grant a new Certificate of Registry in lieu
of and as a Substitute for her original Certificate of Registry ;
but if such Event occurs elsewhere, the Master or some other
Person having Knowledge of the Circumstances shall make a
Declaration before the Registrar of any Port having a British
Registrar at which such Ship is at the Time or first arrives after
such Mislaying, Loss, or Destruction ; and such Declaration shall
state the Facts of the Case, and the Names and Descriptions
of the registered Owners of such Ship, to the best of the Decla-
rant's Knowledge and Belief; and the Registrar shall thereupon
grant a Provisional Certificate as near to the Form appointed by
this Act as Circumstances permit, and shall insert therein a
Statement of the Circumstances under which such Provisional
Certificate is granted.

49. Every such Provisional Certificate shall, within Ten Days Provisional
after the first subsequent arrival of the Ship at her Port of ^^^U^red*
Discharge in the United Kingdom, if registered in the United ^ ^^
Kingdom, or if registered elsewhere, at her Port of Discharge

in the British Possession within which her Port of Registry is
sitnate, be delivered up to the Registrar thereof, who shall there-
upon grant a new one, as near to the Form appointed by this Act
as Circumstances permit; and if the Master neglects to deliver
up such Certificate within such Time he shall incur a Penalty not
exceeding Fifty Pounds.

60. The Certificate of Registry shall be used only for the lawful Custody of
Navigation of the Ship, and shall not be subject to Detention Certificate.
by reason of any Title, Lien, Charge, or Interest whatsoever
which any Owner, Mortgagee, or other Person may have or claim
to have on or in the Ship described in such Certificate ; and Delivery of
if any Person whatever, whether interested or not in the Ship, Certificate
refuses on Request to deliver up such Certificate when in his J^J^J^ ^^
Possession or under his Control to the Person for the Time being
entitled to the Custody thereof for the Purposes of such lawful
Navigation as aforesaid, or to any Registrar, Officer of the Customs,
or other Person legally entitled to require such Delivery, it shall be
lawful for any Justice, by Warrant under his Hand and Seal, or
for any Court capable of taking cognizance of such Matter, to
cause the Person so refusing to appear before him and to be
examined touching such Refusal ; and unless it is proved to the Penaltj for
Satisfaction of such Justice or Court that there was reasonable Deteution.
Cause for such Refusal the Offender shall incur a Penalty not
exceeding One hundred Pounds ; but if it is made to appear to
such Justice or Court that the Certificate is lost, the Party com-
plained -

464

C5.104.

17« & 18* VICTORIiE.

A.D.1854.

CertificaU ^

Mode of po-
oeeding, if
detaining
Party abacond.

Penalty for
using improper
CerUficate.

Certificate of
Ship lost or
ceasing to be
British to be
deliyered up.

ProYisional
Certificate for
Ship becoming
rested in
British Owners
at Foreign
Port

plained of sliall be discharged, and such Justice or Court shall
thereupon certifj that the Certificate of Registrj is lost.

6L If the Person charged with such Detainer or Refusal is
proved to have absconded, so that the Warrant of the Justice
or Process of the Court cannot be served upon him, or if he
persists in his Refusal to deliver the Certificate, such Justice or
Court shall certify the Fact, and the same Proceedings may then
be taken as in the Case of a Certificate of Registry mislaid, lost,
or destroyed, or as near thereto as Circumstances permits

62. If the Master or Owner of any Ship uses or attempts to
use for the Navigation of such Ship a Certificate of Registry not
legally granted in respect of such Ship, he shall be guilty of a
Misdemeanor, and it shall be lawful for any Commissioned Officer
on Full Pay in the Military or Naval Service of Her Majesty, or
any British Ofllcer of Customs, or any British Consular Officer,
to seize and detain such Ship, and to bring her for Adjudication
before the High Court of Admiralty in England or Ireland or
any Court having Admiralty Jurisdiction in Her Majesty's
Dominions ; and if such Court is of opinion that such Use or
Attempt at Use has taken place, it shall pronounce such Ship,
with her Tackle, Apparel, and Furniture, to be forfeited to Her
Majesty, and may award such Portion of the Proceeds arising
from the Sale of such Ship as it may think just to the Officer
so bringing in the same for Adjudication.

63. If any registered Ship is either actually or constructively
lost, taken by the Enemy, burnt, or broken up, or if by reason of
a Transfer to any Persons not qualified to be Owners of British
Ships, or of any other Matter or Thing, any such Ship as aforesaid
ceases to be a British Ship, every Person who at the Time of the
Occurrence of any of the aforesaid Events owns such Ship or
any Share therein shall, immediately upon obtaining Knowledge
of any such Occurrence, if no Notice thereof has already been
given to the Registrar at the Port of Registry of such Ship, give
such Notice to him, and he shall make an Entry thereof in his
Register Book; and, except in Cases where the Certificate of
Registry is lost or destroyed, the Master of every Ship so cir-
cumstanced as aforesaid shall immediately, if such Event occurs
in Port, but if the same occurs elsewhere, then within Ten Days
after his Arrival in Port, deliver the Certificate of Registry o^
such Ship to the Registrar, or, if there be no Registrar, to the
British Consular Officer at such Port, and such Registrar if he
is not himself the Registrar of her Port of Registry, or such
British Consular Officer, shall forthwith forward the Certificate
so delivered to him to the Registrar of the Port of Registry of tlio
Ship ; and every Owner and Master who, without reasonable Cause,
makes default in obeying the Provisions of this Section shall ^ot
each Offence incur a Penalty not exceeding One hundred Pounds.

64. If any Ship becomes the Property of Persons qualified to
be Owners of British Ships at any Foreign Port, the British
Consular Officer resident at such Port may grant the Master of
such Ship, upon his Application, a Provisional Certificate,
stating —

The Name of the Ship ; ^

The

A.D.1854. 17^ & 18« VICTORTiE. C. 104. 465

The Time and Place of her Purchase, and the Names of her Certificate of
Purchasers ; Begutry,

The Name of her Master ;

The best Particulars as to her Tonnage, Build, and Description
that he is able to obtain ;

And he shall forward a Copj of such Certificate, at the first
convenient Opportunity, to the Commissioners of Customs in
London : The Certificate so granted shall possess the same Force
as a Certificate of Registry until the Expiration of Six Months,
or until such earlier Time as the Ship arrives at some Port where
there is a British Registrar ; but upon the Expiration of such
Period, or upon Arrival at such Port, shall be void to all Intents.

Transfers and Transmissions. Transfers and

56. A registered Ship or any Share therein, when disposed of ""*^*

to Persons qualified to be Owners of British Ships, shall be Transfer of
transferred by Bill of Sale ; and such Bill of Sale shall contain Ships or
such Description of the Ship as is contained in the Certificate Shares
of the Surveyor, or such other Description as may be sufficient *^*^"«
to identify the Ship to the Satisfaction of the Registrar, and shall
be according to the Form marked E. in the Schedule hereto, or
as near thereto as Circumstances permit, and shall be executed by
the Transferrer in the Presence of and be attested by One or more
Witnesses.

56. No individual shall be entitled to be registered as Trans- Bedaration to
ferree of a Ship or any Share therein until he has made a ^ ™^® ^7
Declaration in the Form marked F. in the Schedule hereto, stating ^rwisfcrree.
his Qualification to be registered as Owner of a Share in a British
Ship, and containing a Denial similar to the Denial herein-before
required to be contained in a Declaration of Ownership by an
original Owner ; and no Body Corporate shall be entitled to be
registered as Transferree of a Ship or any Share therein until
the Secretary or other duly appointed public Officer of such
Body Corporate has made a Declaration in the Form marked G.
in the Schedule hereto, stating the Name of such Body Corporate,
and such Circumstances of its Constitution and Business as may
prove it to be qualified to own a British Ship, and containing a
Denial similar to the Denial herein-before required to be con-
tained in a Declaration of Ownership made on behalf of a Body
Corporate : In the Case of an Individual, the above Declairation
shall be made, if he reside within Five Miles of the Custom
House of the Port of Registry, in the Presence of the Registrar,
but if beyond that Distance in the Presence of any Registrar or of
any Justice of the Peace ; in the Case of a Body Corporate the
Declaration shall be made in the Presence of the Registrar of
the Port of Registry.

67. Every Bill of Sale for the Transfer of any registered Ship, lUgistratioa of
or of any Share therein, when duly executed, shall be produced Transfer,
to the Registrar of the Port at which the Ship is registered,
together with the Declaration herein-before required to be made
by a Transferee ; and the Registrar shall thereupon enter in the
Register Book the Name of the Transferree as Owner of the Ship
or Share comprised in such Bill of Sale, and shall indorse on the
Bill of Sale the Fact of such Entry having been made, with the

17 & 18 Vict. Hh Date

466

a 104.

17* & 18* VICTOBLiE.

A.D.1854.

Tnm»fir»a»d

TramBniMian
of Shares by
Death, Bank^
nxptcjr, or
Hamage.

Proof of
TnuiwnuBgon
by Bank-
ruptcy, Mar-
riage, Will, or
on Inteatacy.

Registration
of transmitted
Share.

Registrar to
retain certain
Eyidence.

Unqnalified

Owner en-

Wby

Date and Hour thereof ; and all Bills of Sale of anj Ship or
Shares in a Ship shall be entered in the Register Book in the
Order of their Production to the Registrar.

68. If the Property in anj Ship or in any Share therein
becopies transmitted in consequence of the Death or Bankraptcj
or Insolvency of any registered Owner, or in consequence of the
Marriage of any Female registered Owner, or bj anj lawful Means
other than by a Transfer according to the Provisions of this Act)
such Transmission shall be authenticated by a Declaration of the
Person to whom such Property has been transmitted, made in the
Form marked H. in the Schedule hereto, and containing the several
Statements herein-before required to be contained in the Deelsn*
tion of a Transferree, or as near thereto as Circumstances permit,
and, in addition, a Statement describing the Manner in which and
the Party to whom such Property has been transmitted ; and sach
Declaration shall be made and subscribed if the Declarant resides
at or within Five Miles of the Custom House of the Port of
Registry in the Presence of the Registrar, but if beyond that
Distance in the Presence of any Registrar or of any Justice of
the Peace.

69. If such Transmission has taken place by^ virtue of the
Bankruptcy or Insolvency of any registered Owner, the said
Declaration shall be accompanied by such Evidence as may for
the Time being be receivable in Courts of Justice as Proof of the
Title of Parties claiming under any Bankruptcy or Insolvency ;
and if such Transmission has taken place by virtue of the Marriage
of a Female Owner, the said Declaration shall be accompanied hy
a Copy of the Register of such Marriage or other legal Evidence
of the Celebration thereof, and shall declare the Identity of the
said Female Owner ; and if such Transmission iias taken place by
virtue of any Testamentary Instrument or by Intestacy, then in
England, fFales, and Ireland the said Declaration shall be aooom-
panied by the Probate of the Will or the Letters of Administration
or an official Extract therefrom, and in Scotland or in any BriUsh
Possession by the Will or any Copy thereof that may be Evidence
by the Laws of Scotland or of such Possession, or by Letters of
Administration or any Copy thereof, or by such other Document
as may by the Laws of Scotland or of such Possession be receiv-
able in the Courts of Judicature thereof as Proof of the Pereon
entitled upon an Intestacy.

60. The Registrar, upon the Receipt of such Declaration so
accompanied as aforesaid, shall enter the Name of the Person or
Persons entitled under such Transmission in the Register Book
as Owner or Owners of the Ship or Share tlierein in respect of
which such Transmission has tiken place ; and such Persons, if
more than One, shall, however numerous, be considered as One
Person only as regards the Rule herein-before contained relating
to the Number of Persons entitled to be registered as Owners.

61. Of the Documents hereby required to be produced to the
Registrar he shall retain in his Possession the following ; thst
is to sjur, the Surveyor's Certificate, the Builder's Certificate, the
Copy of the Condemnation, and all Declarations of Ownership.

62. Whenever any Property in a Ship or Share in a Ship
becomes vested by Transmission on the Death of any Owner or

on

A.D.1864. 17^ & 18» VICTORLaEl C. 104. 46V

on the Marriage of any Female Owner in any Person not qualified TraDcmitstoii
to be the Owner oi BriHsh Ships, it shall be lawful, if such Ship ^7 *PP*y *9
IS registered in England or Ireland for the Court of Chancery, if ^/^jf^^
in Scotland for the Court of Session, or if in any British Pos-
session for any Court possessing the principal Civil Jurisdiction
"Within such Possession, upon an Application made by or on
behalf of such unqualified Person, to order a Sale to be made
of the Property so transmitted, and to direct the Proceeds of
such Sale, after deducting the Expenses thereof, to be paid to
the Person entitled under such Transmission, or otherwise as the
Court may direct ; and it shall be in the Discretion of any such
Court as aforesaid to make or refuse any such Order for Sale,
and to annex thereto any Terms or Conditions, and to require
any Evidence in support of such Application it may think fit,
and generally to act in the Premises in such Manner as the Justice
of the Case requires.

68. Every Order for a Sale made by such Court as aforesaid Order to be
shall contain a Declaration vesting the Right to transfer the Ship ^^ ^7
or Share so to be sold in some Person or Persons named by the ^'"^^
Court, and such Nominee or Nominees shall thereupon be entitled
to transfer such Ship or Share in the same Manner, and to the
same Extent, as if he or they were the registered Owner or Owners
of the same ; and eyery Registrar shall obey the Requisition of
such Nominee or Nominees as aforesaid in respect of any Transfer
to the same Elxtent as he would be compellable to obey the Requi-
sition of any registered Owner or Owners of such Ship or Share.

64. Every such Application as aforesaid for Sale shall be made I^imit uf Tim
within Four Weeks after the Occurrence of the Event on which ^?' AppUca-
such Transmission has taken place, or within such further Time ^^^^

as such Court as aforesaid may allow, such Time not in any Case
to exceed the Space of One Year from the Date of such Occur-
rence as aforesaid ; and in the Event of no such Application
being made within such Period as aforesaid, or of such Court
refusing to accede thereto, the Ship or Share so transmitted shall
thereupon bo forfeited in manner herein-after directed with respect
to Interests acquired by unqualified Owners in Ships using a BHHah
Flag and assuming the Britith Character.

65. It shall be lawful in England or Ireland for the Court of Power of
Chancery, in Scotiand for the Court of Session, in any BriHth Z^^^^
Possession for any Court possessing the principal civil Jurisdic- Xransfeni
tion within such Possession, without Prejudice to the Exercise of

any other Power such Court may possess, upon the summary
Application of any interested Person made either by Petition or
otherwise, and either ex parte or upon Service of Notice on any
other Person, as the Court may direct, to issue an Order prohibi-
ting for a Time to be named in such Order an^ Dealing with such
Ship or Share ; and it shall be in the Discretion of such Court to
make or refuse any such Order, and to annex thereto any Terms
or Conditions it may think fit^ and to discharge such Order when
granted with or without Costs, and generally to act in the Premises
in such Manner as the Justice of the Case requires ; and every
Regiatrar, without being made a Party to the Proceedings, upon
being served with such Order, or an official Copy thereof shall
obey the same.

H h 2 Mortgagti^

468

C.104.

170 &18« VICTORIA

A.D.1854

Mortgages,

Mortgage of
Ships and
Shares therein.

Mortgages to
be registered
in Order of
Time of Pro-
duction.

Entry of Dis-
charge of
Mortgage.

Priority of
Mortgages.

Mortgagee not
to be deemed
Owner.

Mortgagee to
have Power
of Sale.

Bights of
Mortgagee not
affected by any
Act of Bank-
ruptcy of
Mortgagor.

Transfer of
Mortgages.

Marigages,

66. A registered Ship or any Sliare therein may be made a
Security for a Loan or other valuable Consideration ; and the
Instrument creating such Security, herein-after termed a " Mort-
gage," shall be in the Form marked 1. in the Schedule hereto, or
as near thereto as Circumstances permit ; and on the Production
of such Instrument the Registrar of the Port at which the Ship
is registered shall record the same in the Register Book.

67. Every such Mortgage shall be recorded by the Registrar
in the Order of Time in which the same is produced to him for
that Purpose ; and the Registrar shall, by Memorandum under his
Hand, notify on the Instrument of Mortgage that the same has
been recorded bj him, stating the Date and Hour of such Record.

68. Whenever any registered Mortgage has been discharged,
the Registrar shall, on the Production of the Mortgage Deed, with
a Receipt for the Mortgage Money indorsed thereon, dulj signed
and attested, make an Entry in the Register Book to the Effect
that such Mortgage has been discharged ; and upon such Entry
being made the Estate, if any, which passed to the Mortgagee shall
vest in the same Person or Persons in whom the same would,
having regard to intervening Acts and Circumstances, if any,
have vested if no such Mortgage had ever been made.

69. If there is more than One Mortgage registered of the same
Ship or Share therein, the Mortgagees shall, notwithstanding anj
express, implied, or constructive Notice, be entitled in Priority one
over the other according to the Date at which each Instrument is
recorded in the Register Books, and not according to the Date of
each Instrument itself.

70. A Mortgagee shall not by reason of his Mortgage be deemed
to be the Owner of a Ship or any Share therein, nor shall the Mort-
gagor be deemed to have ceased to be Owner of such mortgaged
Ship or Share, except in so far as may be necessary for making
such Ship or Share available as a Security for the Mortgage Debt

71. Every registered Mortgagee shall have Power absolutelj U)
dispose of the Ship or Share in respect of which he is registered,
and to give effectual Receipts for the Purchase Money ; bat if
there are more Persons than One registered as Mortgagees of the
same Ship or Share, no subsequent Mortgagee shall, except under
the Order of some Court capable of taking cognizance of such
Matters, sell such Ship or Share without the Concurrence of
every prior Mortgagee.

72. No registered Mortgage of any Ship or of any Share therein
shall be affected by any Act of Bankruptcy committed by the
Mortgagor after the Date of the Record of such Mortgage, not-
withstanding such Mortgagor at the Time of his becoming
bankrupt may have in his Possession and Disposition and b0
reputed Owner of such Ship or Share thereof; and such Mortgage
shall be preferred to any Right, Claim, or Interest in such Ship
or any Share thereof wluch may belong to the Assignees of snch
Bankrupt.

73. A registered Mortgage of any Ship or Share in a Ship may
be transferred to any Person, and the Listrument creating such
Transfer shall be in the Form marked K in the Schedule beretc^

A.D. 1854. 17^ & 18<> VICTORIiE. C. 104. 469

and on the Production of such Instrument the Registrar shall Mortgages,

enter in the Register Book the Name of the Transferree as Mort-

l^agee of the Ship or Shares therein mentioned, and shall bj
Memorandum under his Hand record on the Instrument of
Transfer that the same has been recorded by him, stating the
Date and Hour of such Record.

74. If the Interest of any Mortgagee in any Ship or in any Transmission
Share therein, becomes transmitted in consequence of Death, ^Interest of
Bankruptcy, or Insolvency, or in consequence of the Marriage ^^j^Bwik^
of any Female Mortgagee, or by any lawful Means other than rupt^, or
by a Transfer according to the Provisions of this Act, such Marrulge.
Transmission shall be authenticated by a Declaration of the
Person to whom such Interest has been transmitted, made in
the Form marked L. in the Schedule hereto, and containing a
Statement describing the Manner in which and the Party to
whom such Property has been transmitted ; and such Declaration
ahall be made and subscribed, if the Declarant resides at or
within Five Miles of the Custom House of the Port of Registry,
in the Presence of the Registrar, but if beyond that Distance in
the Presence of any Registrar or of any Justice of the Peace, and
shall be accompanied by such Evidence as is herein-before required
to authenticate a corresponding Transmission of Property from one
registered Owner to another.

76. The Registrar, upon the Receipt of such Declaration and Entry of
the Production of such Evidence as aforesaid, shall enter the Name Sf'J^^
of the Person or Persons entitled under such Transmission in the ®"8*ge«
Register Book as Mortgagee or Mortgagees of the Ship or Share
in respect of which such Transmission has taken place.

Certificates of Mortgage and Sale. Certificates

76. Any registered Owner, if desirous of disposing by way of aiJTs^^

Mortgage or Sale of the Ship or Share in respect of which he is

registered at any Place out of the Country or Possession in which Powers of
the Port of Registry of such Ship is situate, may apply to the Re- Mortgage and
gistrar, who shall thereupon enable him to do so by granting such ^£^^^
Certificates as are herein-after mentioned, to be called respectively ^r^cate. ^
Certificates of Mortgage or Certificates of Sale, according as they

purport to give a Power to mortgage or a Power to sell.

77. Previously to any Certificate of Mortgage or Sale being Requisites for
granted, the Applicant shall state to the Registrar, to be by him Certificates of
entered in the Register Book, the following Particulars; (that is ^^^8*8®*^
to say,)

(1.) The Names of the Persons by whom the Power mentioned
in such Certificate is to be exercised, and in the Case of
a Mortgage the maximum Amount of Charge to bo
created, if it is intended to fix any such Maximum, and
in the Case of a Sale the minimum Price at which a Sale
is to be made, if it is intended to fix any such Minimum :

(2.) The specific Place or Places where such Power is to be
exercised, or if no Place bo specified, then that it may
be exercised anywhere, subject to the Provisions herein-
after contained :

(3.) The Limit of Time within which such Power may be
exercised :

H b 8 78- No

470

C.104.

17»&18» VICTORIA.

A.D.1851

Certyhakt

of Mortgage

and Saie.

Bestrictioiis on
Certificates of
Mortgage and
Sale.

ITomiflof Cet^
tiflcatet of
KfiMtgageand
Sale.

Rules as to
Certificates of
Mortgage.

78. No Certificate of Mortgage or Sale shall be granted so as
to authorize any Mortgage or Sale to be made —

At any Place within the United Kingdom, if the Port of Re-
gistry of the Ship be situate in the United Kingdom ; or at
any Place within the same BrUUh Possession if the Port of
Registry is situate within a British Possession ; or

By any Person not named in the Certificate.

79. Certificates of Mortgage and Sale shall bo in the Forms
marked respectively M. and N. in the Schedule hereto, and shall
contain a Statement of the several Particulars herein-before
directed to be entered in the Register Book, and in addition thereto
an Enumeration of any registered Mortgages or Certificates of
Mortgage or Sale affecting the Ships or Shares in respect of which
such Certificates are given.

80. The following Rules shall be observed a^ to Certificates of
Mortgage ; (that is to say,)

(1.) The Power shall be exercised in conformity with the Di-
rections contained in the Certificate :

(2.) A Record of 'every Mortgage made thereunder shall be
endorsed thereon by a Registrar or British Consular
Officer:

(d.) No Mortgage bona fide made thereunder ahall be impeached
by 'reason of tlfe Person by whom the Power was given
dying before the making of such Mortgage :

(4.) Whenever the Certificate contains a Specification of the
Place or Places at which, and a Limit of Time not ex-
ceeding Twelve Months within which, the Power is to be
exercised, no Mortgage h<md fide made to a Mortgagee
witliout Notice shall be impeached by reason of the
Bankruptcy or Insolvency of the Person by whom the
Power was given :

(5») Every Mortgage which is so registered as aforesaid on the
Certificate shall have Priority over all Mortgages of the
same Ship or Share created subsequently to the Date of
the Entry of the Certificate in the Register Book; and
if there be more Mortgages than One so indorsed the
respective Mortgagees claiming thereunder shall, not-
withstanding any oxprcBs, implied, or constructive Notiitc,
be entitled one before the other according to the Date at
which a Record of each Instrument is indorsed on the
Certificate, and not according to the Date of the Instru-
ment creating the Mortgage :

(6.) Subject to the foregoing Rules every Mortgagee whose
Mortgage is registered on the Certificate shall have the
same Rights and Powers and be subject to the samo
Liabilities as he would have had and been subject to if
his Mortgage had been registered in the Register Book
instead of on the Certificate :

(7.) The Discharge of any Mortgage so registered on the Cer-
tificate may be indorsed thereon by any Registrai' or
British Consular Ofllcer, upon the Production of such
Evidence as is hereby required to be produced to the
Registrar on the Entry of the Discharge of a Mortgage
in the Register Book; and upon such Indorsement being

made,

A.D.1854. 17^ & 18<> VICTORLE. C. 104. 471

made, the Estate, if any, which passed to the Mortgagee Certijkaiet
shall vest in the same Person or Persons in whom the ^^^"^J^
same would, having regard to intervening Acts and Cir- g'*" ^"fe*
cumstances, if any, have vested if no such Mortgage had
been made :

(8.) Upon the Delivery of any Certificate of Mortgage to the
Registrar by whom it was granted he shall, after record-
ing in the Register Book in such Manner as to preserve
its Priority any unsatisfied Mortgage registered thereon,
cancel such Certificate, and enter the Fact of such Can-
cellation in the Register Book; and every Certificate so
cancelled shall be void to all Intents.

81. The following Rules shall be observed as to Certificates of »»!« as to
Sale; (that is to say,) ^rtificates of

(1.) No such Certificate shall be granted except for the Sale of '
an entire Ship :

(2.) The Power shall be exercised in conformity with the Di-
rections contained in the Certificate :

(3.) No Sale bond fide made to a Purchaser for valuable Con-
sideration shall be impeached by reason of the Person by
whom the Power was given dying before the making of
such Sale :

(4.) Whenever the Certificate contains a Specification of the
Place or Places at which, and a Limit of Time not ex-
ceeding Twelve Months within which, the Power is to
be exercised, no Sale band fide made to a Purchaser for
valuable Consideration without Notice shall be impeached
by reason of the Bankruptcy or Insolvency of the Person
by whom the Power was given :

(6.) Any Transfer made to a Person qualified to be the Owner «

of British Ships shall bo by Bill of Sale in the Form
herein-before mentioned, or as near thereto as Circum-
stances permit :

(6.) If the Ship is sold to a Party qualified to hold British
Ships, the Ship shall be registered anew; but Notice of
all Mortgages enumerated on the Certificate of Sale shall
be entered in theRegister Book :

(7.) Previously to such Registry anew there shall be produced
to the Registrar required to make the same the Bill of
Sale by which the Ship is transferred, the Certificate of
Sale, and the Certificate of Registry of such Ship :

(8.) Such last-mentioned Registrar shall retain the Certificates
of Sale and Registry, and after having indorsed on both
of such Instruments an Entry of the Fact of a Sale
having taken place, shall forward the said Certificates to
the Registrar of the Port appearing on such Certificates
to be the former Port of Registry of the Ship, and such
laat-mentioned Registrar shall thereupon make a Memo-
randum of the Sale in his Register Book, and the Registry
of the Ship in such Book shall be considered as closed,
except as* far as relates to any unsatisfied Mortgages or
existing Certificates of Mortgage entered therein :
(9.) On such Registry anew the Description of the Ship con
tained in her original Certificate of Registry may bo
H h 4 transferred

472

0.104.

17^ & 18« YICTORIJE.

A.D. 1854.

Certificaie»

qfMortgagt

and Sale.

Power of
C6minu8ionen
of Customs in
case of Loss of
Certificate of
Mortgage or
Sale.

Berocationof
Certificates of
Mortgage and
Sale.

transferred to the new Register Book, withoat her being
re-surveyed, and the Declaration to be made bj the Fur-
chaser shall be the same as would be required to be mado
by an ordinary Transferree :

(10.) If the Ship is sold to a Party not qualified to be the Owner
of a British Ship, the Bill of Sale by which the Ship is
transferred, the Certificate of Sale, and the Certificate of
Registry shall be produced to some Registrar or Consular
Officer, who shall retain the Certificates of Sale and
Registry, and, having indorsed thereon the Fact of such
Ship [having been sold to Persons not qualified to be
Owners of British Ships, shall forward such Certificates
to the Registrar of the Port appearing on the Certificate
of Registry to be the Port of Registry of such Ship ; and
such last-mentioned Registrar shall thereupon make a
Memorandum of the Sale in his Register Book, and the
Registry of the Ship in such Book shall be considered
as closed, except so far as relates to any unsatisfied
Mortgages or existing Certificates of Mortgage entered
therein :

(11.) If upon a Sale being made to an unqualified Person Default
is made in the Production of such Certificates as are
mentioned in the last Rule, such unqualified Person shall
be considered by British Law as having acquired no
Title to or Interest in the Ship; and further the Party
upon whose Application such Certificate was granted,
and the Persons exercising the Power, shall each incur
a Penalty not exceeding One hundred Pounds :

(12.) If no Sale is made in conformity with the Certificate of
Sale, such Certificate shall be delivered to the Registrar
by whom the same was granted; and such Registrar
shall thereupon cancel it, and enter the Fact of such
Cancellation in the Register Book; and every Certificate
so cancelled shall be void to all Intents.

82. Upon Proof at any Time to the Satisfaction of the Com-
missioners of Customs that any Certificate of Mortgage or Sale is
lost or so obliterated as to be useless, and that the Powers thereby
given have never been exercised, or if they have been exercis^
then upon Proof of the several Matters and Things that have been
done thereunder, it shall be lawful for the Registrar, with the
Sanction of the said Commissioners, as Circumstances may require,
either to issue a new Certificate, or to direct such Entries to be
made in the Register Book, or such other Matter or Thing to be
done as might have been made or done if no such Loss or Oblitera-
tion had taken place.

83. The registered Owner for the Time being of any Ship or
Share therein in respect of which a Certificate of Mortgage or
Sale has been granted, specifying the Place or Places where tlie
Power thereby given is to be exercised, may, by an Instrument
under his Hand made in the Form 0. in the Schedule hereto, or
as near thereto, as Circumstances permit, authorize the Registrar
by whom such Certificate was granted to give Notice to the Regis-
trar or Consular Officer, Registrars or Consular Officers, at such
Place or Places, that i^ucb Certificate, is revoked ; iMid Notice shall

be

A.D.1854. 17* & 18» VICTOBIiE. C. 104. 473

t>o given accordingly; and all Registrars or Consular Officers Certificates
receiYing such Notice shall record the^ same, and shall exhibit the <if Mortgage
same to all Persons who may apply to them for the Purpose of f^ndSale.
effecting or obtaining a Mortgage or Transfer under the said Cer-
tificate of Mortgage or Sale ; and after such Notice has been so
xeoorded the said Certificate shall, so far as concerns any Mortgage
or Sale to be thereafter made at such Place bo deemed to be
revoked and of no Effect; and every Registrar or Consular Officer
recording any such Notice shall thereupon state to the Registrar
by whom the Certificate was granted, whether any previous
Exercise of the Power to which such Certificate refers has taken
place.

Registry anew, and Transfer of Registry, Registry anew,

84. Whenever any registered Ship is so altered as not to cor- ''r^^JeaSS^
respond with the Particulars relating to her Tonnage or Des-
cription contained in the Register Book, then, if such Alteration Alteration in
is made at a Port where there is a Registrar, the Registrar of such Ship to be
Port, but if made elsewhere, the Registrar of the First Port wgirtered.
having a Registrar at which the Ship arrives after her Altera-
tion, shall, on Application made to him, and on the Receipt of a
Certificate from the proper Surveyor specifying the Nature of
such Alteration, either retain the old Certificate of Registry and
grant a new Certificate of Registry containing a Description of
Uie Ship as altered, or indorse on the existing Certificate a Me-
morandum of such Alteration, and subscribe his Name to such
Indorsement; and the Registrar to whom such Application as
aforesaid is made, if he is the Registrar of the Port of Registry
of the Ship, shall himself eifter in his Register Book the Par-
ticulars of the Alteration so made, and the Fact of such new
Certificate having been granted or Indorsement having been made
on the existing Certificate ; but if he is not such last-mentioned
Registrar, he shall forthwith report such Particulars and Facts as
aforesaid, accompanied by the old Certificate of Registry in Cases
where a new one has been granted, to the Registrar of the Port
of Registry of the Ship, who shall retain such old Certificate (if
any), and enter such Particulars and Facts in his Register Book
accordingly.

86. When the Registrar to whom Application is made in re- On Alteration
spect of any such Alteration as aforesaid is the Registrar of the Registry anew
Port of Registry, he may, if he thinks fit, instead of registering ™*^jj|^
such Alteration, require such Ship to be registered anew in '^
manner herein-before directed on the first Registry of a Ship, and
if be is not such Registrar as lastly herein-before mentioned he
may nevertheless require such Ship to be registered anew, but he
ahflil in such last-mentioned Case grant a Provisional Certificate
or make a Provisional Indorsement of the Alteration made in
manner herein-before directed in Cases where no Registry anew
is required, taking care to add to such Certificate or Indorsement
a Statement that the same is made provisionally, and to insert
in his Report to the Registrar of the Port of Registry of the Ship
a like Statement

86. Every such Provisional Certificate, or Certificate pro- Gram of
yiaionally indorsed, shall within Ten Days after the first 'sub- rrovi«ional
' ' 8e<fuent Certificate to

474

0.104.

17* & 18« VICTOBIiE.

A.D.1854.

respect of
Alteration.

Consequence
of Omission to
register anew.

On change of
Owners, Re-
gistry anew
may be
granted, if
required.

Registry may
be tranrfcrred
from Fort to
Port

Manner of
Transfer of
Registry.

Transfer of
Registry not to
affect Rights of
Owners.

SegUtry,
Miscalaneottt,

flequent AniYal of the Ship at her Port of Dischnrge in the
United Kingdom, if registered in the United Kingdom, or, if re-
gistered elsewhere, at her Port of Discharge in the Bfidsk Pooses-
sion within which her Port of Registry is situate, be deUvered
up to the Registrar thereof who shall thereupon cause such Ship
to be registered anew in the same Manner in all respects u
herein-before required on the first Registry of any Ship.

87. On Failure of such Registry anew of any Ship or Registry
of Alteration of any Ship so Stored as aforesaid, such Ship shall
be deemed not duly registered, and shall no longer be recognised
as a British Ship.

88. If upon any Change of Ownership in any Ship the Owner
or Owners desire to have such Ship registered anew, although
such Registry anew is not required by this Act, it 8(hall be lawful
for the Registrar of the Port at which such Ship is already re-
gistered, on the Delivery up to him of the existing Certificate of
Registry, and on the other Requisites to Registry, or such of them
as the Registrar thinks material, being duly complied with, to
make such Registry anew, and grant a Certificate thereof.

89. The Registry of any Ship may be transferred from one Port
to another upon the Application of all Parties appearing on the
Register to be interested in such Ship, whether as Owners or
Mortgagees, such Application to be expressed by a Declaration
in Writing made and subscribed, if the Party so required to
make and subscribe the same resides at or within Five MUes of the
Custom House of the Port from which such Ship is to be trans-
ferred, in the Presence of the Registrar of such Port, but if
beyond that Distance in the Presence of any Registrar or of any
Justice of the Peace.

90. Upon such Application being made as is herein-before
mentioned, and upon the Delivery to him of the Certificate of
Registry, the Registrar of the Port at which such Ship is ahready
registered shall transmit to the Registrar of the Port at whi<^
such Ship is intended to be registered Notice of such Applicaticm
having been made to him, together with a true Copy of all Par-
ticulars relating to such Ship, and the Names of M the Fsrties
appearing by his Book to be interested as Owners or Mortgagees
in such Ship; and such last-mentioned Registrar shall, upon the
Receipt of such Notice, enter all such Particulars and Names in
liis Book of Registry, and grant a fresh Certificate of Begistrj,
and thenceforth such Ship shall be considered as registered at and
belonging to such last-mentioned Port, and the Name of such
last-mentioned Port shall be substituted on the Stem of such Ship
in lieu of the Name of the Port previously appearing thereon.

9L The Transfer of the Registry of any Ship in manner afore-
said shall not in any way affect the Rights of the several Tenoos
interested either as Owners or Mortgagees in such Ship, but sach
Rights shall in all respects be maintained and continue in the
same Manner as if no such Transfer had been effected.

Registry, Miscellaneous.
92. Every Person may, npon Payment of a Fee to be^ed
by the Commissioners of Customs not exceeding One ShiUipg,

Inspection of ^ _ ^

Kegister Books, have Access to the Register Book for the Purpose of Xnspection

at

A.D.1854. 17« & 18^ VICTORIiE. C. 104. 475

at any reasonable Time during the Hours of official Attendance Registry,
of the Registrar. MisccUaneouM.

88. No Registrar shall be liable to Damages or otherwise for Indemnity to
anj Loss accruing to any Person by reason of any Act done or Kegistrar,
Default made by him in his Character of Registrar, unless the
same has happened through his Neglect or wilful Act.

94. Every Registrar in the United Kingdom shall at the £x- Return to be
piration of every Month, and every other Registrar shall without °}»de by Re-
Delay, or at such stated Times as may be fixed by the Com- g^*""? tp
missioners of Customs, transmit to the Custom House in London o/cuirtc^^"
a full Return in such Form as they may direct of all Registries,
Transfers, Transmissions, Mortgages, and other Dealings with
Ships which have been registered by or communicated to them
in their Chafacter of Registrars, and the Names of the Persons
who have been concerned in the same, and such other Particulars .
as may be directed by the said Commissioners.

96. All Fees authorized to be taken under the Second Part of Application of
this Act shall, if taken in any Part of the United Kingdom, be ^'^^
applied in Payment of the general Expenses of carrying into effect
the Purposes of such Second Part, or otherwise as the Treasury
may direct, but if taken elsewhere shall bo disposed of in such
Way as the Executive Government of the British Possession in
wliich they are taken may direct

96. The Commissioners of Customs shall cause the several Commissioners
Forms required or authorized to be used by the Second Part of of Customs to
this Act, and contained in the Schedule hereto, to be supplied ^^j^ nonwnt
to all Re^strars within Her Mi\jesty's Dominions for Distribution of BoaM^f
to the several Persons requiring to use the same, either free of Trade may
Cliarge, or at such moderate Prices as they may from Time to alter Forms
Time direct, and the said Commissioners, with the Consent of the ^^^ i^suf
Board of Trade, may from Time to Time make such Alterations Instructions.
in the Forms contained in the Schedule hereto as it may deem
requisite, but shall, before issuing any altered Form, give such

public Notice thereof as may be necessary in order to prevent
Inconvenience ; and the said Commissioners may also, with such
Consent as aforesaid, for the Purposes of carrying into effect the
Provisions contained in the Second Part of this Act, give such
Instructions as to the Manner of making Entries in the Register
Book, as to the Execution and Attestation of Powers of Attorney,
as to any Evidence to be required for identifying any Person, and
generally as to any Act or Thing to be done in pursuance of the
Second Part of this Act, as they may think fit.

97. Whenever in any Case in which under the Second Part of Pover to
this Act any Person is required to make a Declaration on behalf S^^™*" ^?^
of himself or of any Body Corporate, or any Evidence is required Dedw^tions
to be produced to the Registrar, it is shown to the Satisfaction of and other
the Registrar that from any reasonable Cause such Person is Evidence.
unable to make the Declaration, or that such Evidence cannot be
produced, it shall be lawful for the Registrar, with the Sanction

of the Commissioners of Customs, and upon the Production of
such other Evidence, and subject to such Terms as they may
think fit, to dispense with any such Declaration or Evidence.

98. In Cases where it appears to the Commissioners of Cus- Power for
foms, or to the Governor or other Person administering the Go- Commissioners

vernment

476

C.104.

17° & 18» VICTORIJE.

A.D.1854.

or Governor in
special Cases
to grant a Pass
to a Ship not
registered.

Provinon for
Cases of In-
fiincy or other
Incapocity.

Liabilities of
Owners.

Forgery.

Funishment
for Forgery,

National
Character,

National
Character of
Ship to be
declared before
Clearance.

Penalties:

vemment of any British Possession, that by reason of special
Circumstances it would be desirable that Permission should bo
granted to any British Ship to pass, without being previously
registered, from one Port or Place in Her Majesty's Dominions
to any other Port or Place within the same, it shall be lawful for
such Commissioners or Governor or other Person to grant a Pass
accordingly, and such Pass shall for the Time and within the
Limits therein mentioned have the same Effect as a Certificate of
Registry.

99. If any Person interested in any Ship or any Share therein
is, by reason of Infancy, Lunacy, or other Inability, incapable of
making any Declaration or doing any Thing required or permitted
by this Act to be made or done by such incapable Person in
respect of Registry, then the Guardian or Committee, if any, of
such incapable Person, or, if there be none, any Person appointed
by any Court or Judge possessing Jurisdiction in respect of the
Property of incapable Persons, upon the Petition of any Person
on behalf of such incapable Person, or of any other Person in-
terested in the making such Declaration or doing such Thing, may
make such Declaration, or a Declaration as nearly corresponding
thereto as Circumstances permit, and do such Thing in the Name
and on behalf of such incapable .Pei*son ; and all Acts done by
such Substitute shall be as effectual as if done bj the Person for
whom he is substituted.

100. Whenever any Person is beneficially interested, otherwise
than by way of Mortgage, in any Ship or Share therein registered
in the Name of some other Person as Owner, the Person so in-
terested shall, as well as the registered Owner, be subject to all
pecuniary Penalties imposed by this or by any other Act on
Owners of Ships or Shares therein* so nevertheless that Pro-
ceedings may be taken for the Enforcement of any such pecuniary
Penalties against both or either of the aforesaid Parties, with or
without joining the other of them.

Forgeri/.

101. Any Person who forges, assists in forging, or procures to
be forged, fraudulently alters, assists in fraudulently altering, or
procures to be fraudulently altered, any Register Book, Certificate
of Surveyor, Certificate of Registry, Declaration of Ownership,
Bill of Sale, Instrument of Mortgage, Certificate of Mortgage or
Sale, or any Entry or Indorsement required by tiie Second Part
of this Act to be made in or on any of the above Documents, shall
for every such Offence bo deemed to be guilty of Felony.

National Character.

102. No Ofiiccr of Customs shall grant a Clearance or Transire
for any Ship until the Master of such Ship has declared to such
OflScer the Niime of the Nation to which he claims that she
belongs, and such Officer shall thereupon inscribe such ^*"^®^
the Clearance or Transire ; and if any Ship attempts to proceed
to Sea without such Clearance or Transire, any such Officer may
detain her until such Declaration is made.

103. The Offences herein-after mentioned shall bo punishable
as follows ; (that is to say,) ^

AD.1854. 17« & 18^ VICTORIiE. C. 104. 477

(1.) If any Person uses the British Flag and assumoa the British National
National Character on board any Ship owned in whole Character.
or in part by any Persons not entitled by Law to own -,^^ ui^dulv
British Ships, for the Purpose of making such Ship assuming a
appear to ))e a British Ship, such Ship shall be forfeited British
to Her Majesty, unless such Assumption has been made Character,
for the Purpose of escaping Capture by an Enemy or by
a Foreign Ship of War in exercise of some belligerent
Right ; and in any Proceeding for enforcing any such
Forfeiture the Burden of proving a Title to use the
British Flag and assume the British National Character
shall lie upon the Person using and assuming the same :
(2.) If the Master or Owner of any British Ship does or permits For Conceal-
to be done any Matter or Thing, or carries or permits ^^^t^^^^^^
to be carried any Papers or Documents, with Intent to ^J Foreign ^^
conceal the British Character of such Ship from any Character.
Person entitled by British Law to inquire into the same,
or to assume a Foreign Character, or with Intent to de-
ceive any such Person as lastly herein-bcfore mentioned,
such Ship shall be forfeited to Her Majesty; and the
Master, if he commits or is privy to the Commission of
the Offence, shall be guilty of a Misdemeanor :
(3.) If any unqualified Person, except in the Case of such For acquiring
transmitted Interests as are herein-before mentioned, ^^"^^^jSS*
acquires as Owner any Interest, either legal or benefi- '"^'^ *
cial, in a Ship using a British Flag and assuming the
British Character, such Interest shall be forfeited to
Her Majesty :
(4.) If any Person, on behalf of himself or any other Person For frlse

or Body of Persons, wilfully makes a false Declaration ^la^^on of
touching the Qualification of himself or such other Per- "^°«""*P-
son or Body of Persons to own British Ships or any
Shares therein, the Declarant shall be guilty of a Mis-
demeanor; and the Ship or Share in respect of which
such Declaration is made, if the same has not been for-
feited under the foregoing Provision, shall, to the Extent
of the Interest therein of the Person making the Decla-
ration, and, unless it is shown that he had no Authority
to make the same, of the Parties on behalf of whom such
Declaration is made, be forfeited to Her Majesty :
And in order that the above Provisions as to Forfeitures may bo
carried into effect it shall be lawful for any Commissioned Ofiiccr
on Full Pay in the Military or Naval Service of Her Majesty, or
any British Officer of Customs, or any British Consular Officer, to
seize and detain any Ship which has, either wholly or as to any
Share therein, become subject to Forfeiture as aforesaid, and to
bring her for Adjudication before the High Court of Admiralty
in England Qv Ireland^ or any Court having Admiralty Jurisdiction
in Her Majesty's Dominions ; and such Court may thereupon make
such Order in the Case as it may think fit, and may award to the
Officer bringing in the same for Acyudication such Portion of tho
Proceeds of the Sale of any forfeited Ship or Share as it may
think right.

104. No

478

C.104.

17° & 18 « VICTORIA

A.Da854.

National
Character,

Officer not
liable for any
Seizure made
on reasonable
Grounds.

Penalty for
carrying
improper
Colours.

Effect of Decla-
ration in the
ActtbataBbip
shall not be
recognized as
a British Ship.

Evidence.

Copies of
Registers and
Declarations to
be admissible
in Evidence,
and to be
primA facie
Proof of cer-
tain Things.

104. No such Officer as aforesaid shall bo responsible, cither
civilly or criminally, to any Person whomsoever, in respect of the
Seizure or Detention of any Ship that has been seized or detained
bj him in pursuance of the Provisions herein contained, notwith-
standing that such Ship is not brought in for Adjudication, or, if
so brought in, is declared not to be liable to Forfeiture, if it is
shown to the Satisfaction of the Judge or Court before whom
any Trial relating to such Ship or such Seizure or Detention is
held that there were reasonable Grounds for such Seizure or
Detention; but if no such Grounds are shown, such Judge or
Court maj award Payment of Costs and Damages to any Partj
aggrieved, and make such other Order in the Premises as it
thinks just.

106. If any Colours usually worn by Her Majesty's Ships, or
any Colours resembling those of Her Majesty, or any distinctive
National Colours, except the Red Ensign usually worn by Mer-
chant Ships, or except the Union Jack with a White Border, or
if the Pendant usually carried by Her Msgesty's Ships or any
Pendant in anywise resembling such Pendant, are or is hoisted on
board any Ship or Boat belonging to any Subject of Her Majesty
without Warrant for so doing from Her Migesty or from the
Admiralty, the Master of such Ship or Boat, or the Owner thereof,
if on board the same, and every other Person hoisting or joining
or assisting in hoisting the same, shall for every such Offence
incur a Penalty not exceeding Five Hundred Pounds; and it
shall be lawful for any Officer on Full Pay in the Military or
Naval Service of Her Majesty, or any British Officer of the
Customs, or any British Consular Officer, to board any such Ship
or Boat, and to take away any such Jack, Colours, or Pendant ;
and such Jack, Colours, or Pendant shall be forfeited to Her
Majesty.

106. Whenever it is declared by this Act that a Ship belong-
ing to any Person or Body Corporate qualified according to this
Act to be Owners of British Ships shall not be recognized as a
British Ship, such Ship shall not be entitled to any Benefits, Pri-
vileges, Advantages, or Protection usually enjoyed by British
Ships, and shall not be entitled to use the British Flag or assume
the British National Character ; but^ so far as regards the Payment
of Dues, the Liability to Pains and Penalties, and the Punishment
of Offences committed on board such Ship or by any Persons be-
longing to her, such Ship shall be dealt with in the same Manner
in all respects as if she were a recognized British Ship.

Evidence.

107. Every Register of or Declaration made in pursuance of the
Second Part of this Act in respect of any British Ship may be
proved in any Court of Justice, or before any Person having by
Law or by Consent of Parties Authority to receive Evidence,
either by the Production of the Original or by an examined Copy
thereof, or by a Copy thereof purporting to be certified under the
Hand of the Registrar or other Person having the Charge of the
Original ; which certified Copies he is hereby required to famish
to any Person applying at a reasonable Time for the same, npon
Payment of One Shilling for each such certified Copy; aod every

such

A.D.1854. 17 « & 18« YICTORLffi- C. 104. 479

8ucb Register or Copy o( a Register, and also every Certificate of Evidence,
Registry of any British Ship, purporting to be signed by tbe Re- "^

gbirar or other proper Officer, shall be received in Evidence in
any Court of Justice or before any Person having by Law or by
Consent of Parties Authority to receive Evidence as primd facie
Proof of all the Matters contained or recited in such Register
when the Register or such Copy is produced, and of all the Matters
contained in or indorsed on such Certificate of Registry, and pur-
porting to be authenticated by the Signature of a Registrar, when
such Certificate is produced.

Saving Clause. Saving Clause.

108. Nothing in this Act contained shall repeal or affect an Act gaving^of
passed in the Session of Parliament holden in the Third and s & 4 Vict
Fourth Years of the Reign of Her present Majesty, Chapter Fifty- c 56. relating
six, intituled An Act further to reguiate the Trade of Ships ^ ?ast Indian
buUi and trading within the Limits of the East India Compawfs ^P**
Charter.

PART III.

MASTERS AND SEAMEN.

Application. Application,

109. The various Provisions' of the Third Part of this Act Application
shall have the following Applications, unless the Context or ofPartlll. of
Subject Matter requires a different Application ; (that is to say,) Act

So much of the Third Part of this Act as relates to the Deli- Returns for
very or Transmission of Lists of Crews to the Registrar certain Ship*
General of Seamen shall apply to all Fishing Vessels be- J^e uSl
longing to the United Kingdom, whether employed exclu- Kingdom,
sively on the Coasts of the United Kingdom or not ; to all
Ships belonging to the Trinity House, or the Commissioners
of Northern Lighthouses, constituted as herein-after men-
tioned, or the Port of Dublin Corporation, and to all Plea-
sure Yachts, and to the Owners, Masters, and Crews of. such
Ships :

So much of the Third Part of this Act as relates to the Deli- Retumg and
very and Transmission of Lists of Crews, and to the Wages Wages of
and Effects of deceased Seamen and Apprentices, shall apply g^J^ j^ ^^^,
to all Sea-going British Ships, wherever registered, of which ^^ Colonial
the Crews are discharged, or whoso final Port of Destination Ships.
is in the United Kingdom, and to the Owners, Masters, and
Crews of such Ships :

So much of the Tliird Part of this Act as relates to the Ship- Shipping and
ping and Discharge of Seamen in the United Kingdom shall dwcharging
apply to all Sea-going British Ships, wherever registered, and ^^°„ "'^*^
to the Owners, Masters, and Crews of such Ships : ^

So much of the Third Part of this Act as relates to Seamen Volunteering
volunteering into the Royal Navy shall apply to all Sea- ^^^ ^^ ^*^^>'-
going British Ships, wherever registered, and to the Owners,
Masters, and Crews of such Ships, wherever the same may be :

So much of the Third Part of this Act as relates to Rights to Provisions
Wages and Remedies for the Recovery thereof; to the Ship- JPP^<?Yci?
ping and Discharge of Seamen in Foreign Ports ; to leaving Colonial Shipc

Seamen

480

0.104,

1^ & 18* YICTORIiE.

A.D.1854-

Applitxition,

As to whole
ofPartllL
of Act

Local
Marine Boards^

Constitution
of Local
Marine
Boards.

Seamen abroad, and to the Relief of Seamen in Distress in
Foreign Ports ; to the Provisions, Healtli, and Acoommoda*
tion of Seamen; to the Power of Seamen to make Com-
plaints ; to the Protection of Seamen from Imposition ; to
Discipline ; to Naval Courts on the High Seas and abroad ;
and to Crimes committed abroad ; shall apply to all Ships
registered in any of Her Majesty's Dominions abroad, when
such Ships are out of the Jurisdiction of their respective
Governments, and to the Owners, Masters, and Crews of
such Ships:
And the whole of the Third Part of this Act shall apply to
all Sea- going Ships registered in the United Kingdom,
(except such as are exclusively employed in fishing on the
Coasts of the United Kingdom, and such as belong to the
Trinity House, the Commissioners of Northern Lighthoasea,
or the Port of Dublin Corporation, and also except Pleasure
Yachts,) and also to all Sliips registered in any British Pos-
session and employed in trading or going between any Place in
the United Kingdom and any Place or Places not situate in
the Possession in which such Ships are registered, and to the
Owners, Masters, and Crews of such Ships respectively,
wherever the same may be.

Local Marine Boards,

110. There shall be Local Marine Boards for carrying into
effect the Provisions of this Act under the Superintendence of the
Board of Trade at those Seaports of the United Kingdom at which
Local Marine Boards have heretofore been established, and at such
other Places as the Board of Trade appoints for this Purpose ; and
each of such Local Marine Boards shall be constituted as follows ;
(that is to say,) the Mayor or Provost and the Stipendiary Magis-
trate or such of the Mayors or Provosts and Stipendiary Magis-
trates of the Place (if more than One) as the Board of Trade
appoints shall be a Member or Members ex officio; the Board of
IVade shall appoint Four Members from Persons residing or
having Places of Business at the' Port or within Seven Miles
thereof ; and the Owners of Foreign-going Ships and of Homo
Tradd Passenger Ships registered at the Port shall elect Six
Members ; and such Elections as aforesaid shall take place on the
Twenty-fifth Day of January One thousand eight hundred and
fifty-seven, and on the Twenty-fifth Day of January in every
Third succeeding Year, and such Appointments as aforesaid shall
take place within One Month after such Elections ; and upon the
Conclusion of such Month and the Constitution of a new Board
the Functions of the then existing Board shall cease, and the
Board consisting of the Members then newly elected and ap-
pointed shall take its Place ; and any occasional Vacancy caused
in the Intervals between the General Elections and Appointments,
by Death, Kesignation, Disqualification, or otherwise, shall be
filled up within One Month after it occurs; and every Person
elected or appointed on an occasional Vacancy shall continue a
Member until the next Constitution of a new Board; and tlie
Mayor or Provost shall fix the Place and Mode of conducting all
such Elections as aforesaid, and also on occasional Vacancies the

Day

A.D.1854. 17° & 18* VICTOKl^, C. 104. 48i

Day of Election, and shall give at least Ten Days Notice thereof; Local
and the Board of Trade shall have Power to decide any Ques- MarineBoards.
tions raised concerning any such Elections.

UL Owners of Foreign-going Ships and of Home Trade Pas- Qualification
senger Ships registered at any Seaport at which there is a Local of Voters for
Marine Board shall have Votes at the Election of Members of 5^,^^^
such Board as follows ; (that is to say,) every registered Owner Boards. "*^
of not less than Two hundred and fifty Tons in the whole of
such Shipping shall at every Election have One Vote for each
Member for every Two hundred and fifty Tons owned by him, so
that his Votes for any One Member do not exceed Ten : And for
the Purpose of ascertaining the Qualification of such Electors the
following Rules shall be observed ; (that is to say,) in the Case of
a Ship registered in the Name of One Person, such Person shall
be deemed to be the Owner, and in the Case of a Ship registered
in distinct and several Shares in the Names of more Persons
than One, the Tonnage shall be apportioned among the Owners as
nearly as may be in proportion to their respective Shares, and
each of such Persons shall be deemed to be the Owner of the Ton-
nage so apportioned to him ; and in the Case of a Ship or Shares
of a Ship registered jointly without Severance of Interest in the
Names of more Persons thui One, the Tonnage shall, if it is suffi-
cienty either alone or together with other Tonnage (if any) owned
by such joint Owners, to give a Qualification to each of them, be
apportioned equally between the joint Owners, and each of such ,
joint Owners shall be deemed to be the Owner of the equal Share
80 apportioned to him, but if it is not so sufi&cient^ the whole of
such Tonnage shall be deemed to be owned by such One of the
joint Owners resident or having a Place of Business at the Port
or within Seven Miles thereof as is first named on the Register ;
and in making any such Apportionment as aforesaid any Portion
may be struck off so as to obtain a divisible Amount ; and the
whole Amount of Tonnage so owned by each Person, whether in
Ships or Shares of or Interests in Ships shall be added together,
and, if sufficient, shall constitute his Qualification.

112. The Collector or Comptroller of Customs in every Seaport lUsts of snch
of the United Kingdom at which there is a Local Marme Board Voters to be
shall, with the Assistance of the Registrar General of Seamen, °**^®'

on or before the Twenty-fifth Day of December in the Year One
thousand eight hundred and fifty-six, and in every Third succeed-
ing Year, make out an alphabetical List of the Persons entitled
by virtue of this Act to vote at the Election of Members of such
Local Marine Board, containing the Christian Name, Surname,
and Residence of each such Person, and the Number of Votes to
which he is entitled, and shall sign such List and cause a sufiicient
Number of Copies thereof to be printed, and to be fixed on or near
the Doors of the Custom House at such Seaport for Two entire
Weeks next after such List has been made, and shall keep true
Copies of such List, and permit the same to bo perused by any
Person, without Payment of any Fee, at all reasonable Hours
during such Two Weeks.

113. The Mayor or Provost of every Seaport at which, there is KcTision of

a Local Marino Board, or such of them, if more than One, as is or ^^ ^^ Voters.
are for the Time being so appointed as aforesaid, shall at least
17 fc 18 Vict. I i Twenty

482

C.104.

17» & 18» VICTORIiB.

A.D.1854,

Local Marine
Boards.

Regisiento
be produced.

Expenses to be
paid by Board
of Trade.

Persons on
reyisedList
qualified to
vote.

Twenty Days before the Twenty-fifth Day of Januofy in the

Year One thousand eight hundred and fifty-seven, and in each
succeeding Third Year, nominate Two Justices oi the Peace to
revise the said Lists ; and such Justices shall, between the Eighth
and Fifteenth, Days of January^ both inclusive, in the Year in
which they are so nominated, revise the said List at the Custom
House of the Port, or in some convenient Place near thereto, to be
hired, if necessary, by the said Collector or Comptroller, and shall
give Three clear Days Notice of such Revision by advertising the
same in some local Newspaper, and by affixing a Notice thereof on
or near to the Doors of such Custom House, and shall make such
Revision by inserting in such List the Name of every Person
who claims to be inserted therein, and gives Proof satisfactory to
the said Bevisors of his Sight to have his Name so inserted,
and by striking out there&om the Name of every Person to the
Lisertion of which an Objection is made by any other Person
named in such List who gives Proof satisfactory to the said Be-
visors that the Name of the Person so objected to ought not to
have been inserted therein ; and the Decision of the said Revisors
with respect to every such Claim or Objection shall be conclu-
sive ; and the said Revisors shall immediately after such Revision
sign their Names at the Foot of the List so revised ; and such
List so revised shall be the Register of Voters at Elections of
Members of the Local Marine Board of such Seaport for Three
Years from the Twenty-fifth Day of January then next ensuing
inclusive to the Twenty-fourth Day of January incltisive in the
Third succeeding Year ; and the said revised List, when so signed,
shall be delivered to such Mayor or Provost as aforesaid of the
Place, who shall, if necessary, cause a sufficient Number of Copies
thereof to be printed, and shall cause a Copy to be delivered to
every Voter applying for the same.

114. The said Collector or Comptroller, if required, shall for
the Assistance of the said Revisors in revising the said List
produce to them the Books containing the Register of Ships
registered at such Seaport; and the Registrar General of Seamen,
if required, shall also produce or transmit to such Revisors such
certified Extracts or Returns from the Books in his Custody as
may be necessary for the same Purpose.

116, The Two Justices aforesaid shall certify all Expenses pro-
perly incurred by any such Collector or Comptroller as aforesaid
in making and printing the said List and in the Revision thereof,
and the Board of Trade shall pay the same, and also all Expenses
properly incurred by any such Mayor or Provost as aforesaid in
printing the same or in Elections taking place under this Act ;
and the said Board may disallow any Items of any such Expenses
as aforesaid which it deems to have been improperly incurred.

116. Every Person whose Name appears on such revised List,
and no other Person, shall be qualified to vote at the Election of
Members of the Local Marine Board at such Seaport to be held
on the Twenty-fifth day of January next after the Revision of
such List, and at any occasional Election held at any Time between
that Day and the next ordinary triennial Election of the Mem-
bers of such Board.

U7. Every

A.D.1854. 17«&18^VICTORLffll. a 104. 483

117. Every Male Person who is according to such revised List Local Marine
of the Voters at any Seaport entitled td a Vote shall be qualified Boards,
to be elected a Member of the Local Marine Board of such Seaport, Oualifi~~tion of
and no other Person shall be so qualified i and if any Person elected Members of
as a Member after such Election ceases to be an Owner of such Local Marine
Quantity of Tonnage as would entitle him to a Vote, he shall no Boards,
longer continue to act or be considered as a Member, and thereupon

another Member shall be elected in his Place.

118. No Act of any Local Marine Board shall be vitiated or "Extot in
prejudiced by reason of any Irregularity in the Election of any of ^ecuons not
lis Members, or of any Error in the List of Voters herein men- done
tioned, or of any Irregularity in the making or revising of such

List, or by reason of any Person who is not duly qualified as
herein-before directed acting upon such Board.

119. Every Local Marine Board shall keep Minutes of its Pro- Minutes and
ceedings, and the same shall be kept in such Mode (if any) as the ?!Jf^?^^^
Board of Trade prescribes ; and such Minutes, and all Books or g^J^ "°^
Documents used or kept by any Local Marine Board, or by any
Examiners, Shipping Masters, or other Officers or Servants under

the Control of any Local Marine Board, shall be open to the In-
Bpection of the Board of Trade and its Officers ; and every Local
Marine Board shall make and send to the Board of Trade such
Reports and Returns as it requires ; but, subject as aforesaid,
every Local Marine Board may regulate the Mode in which its
Meetings are to be held and its Business conducted.

120. If any Local Marine Board, by reason of any Election not Board of Trade
taking place, or of the simultaneous Resignation or continued nwy assume
Non-attendance of all or the greater Part of the Members, or Sarine^Board*
from any other Cause, fails to meet or to discharge its Duties, the ^e. '
Board of Trade may in its Discretion either take into its own

Hands the Performance of the Duties of such Local Marine
Board until the next triennial Appointment and Election thereof,
or direct that a new Appointment and Election of such Local
Marine Board shall take place immediately.

12L If upon Complaint made to the Board of Trade it appears May alter
to such Board that any Appointments or Arrangements made by Arraugjiments
any Local Marine Board under the Powers hereby given to it are ^J^^
not such as to meet the Wants of the Port, or are in any respect
unsatisfactory or improper, the Board of TVade may annul, alter,
or rectify such Appointments or Arrangements in such Manner
as, having regard to the Intentions of this Act and to the^Wants
of the Port, it deems to be expedient.

Shipping Offices. Shipping

Offices
122. In every Seaport in the United Kingdom in which there Z. '

is a Local Marine Board such Board shall establish a Shipping Local Marine
Office or Shipping Offices, and may for that Purpose, subject as Boards to
herein mentioned, procure the requisite Premises, and appoint e^^lisl^
and from Time to Time remove and re-appoint Superintendents q^!^°^
of such Offices, to be called Shipping Masters, with any necessary
Deputies, Clerks, and Servants, and regulate the M(>de of con-
ducting Business at such Offices^ and shall, subject as herein
mentioned, have complete Control over the same; and every

I i 2 Act

484

C.104,

17 <> & 18« VICTOBLaS. A.D.1854.

Shipping
Offices.

Board of
Trade to have
partial Control
over Shipping
Offices.

Basinessofsnch

Offices

generally.

Fees to be
paid upon
Engagements
and Discharges.

Masters to pay
Fees, and to
deduct Part
from Wages.

Act done by or before any Deputy duly appointed sball have the
same Effect as if done by or before a Snipping Master.

123. The Sanction of the Board of Trade shall be necessary so
far as regards the Number of Persons so appointed by any such
Local Marine Board, and the Amount of their Salaries and Wages
and all other Expenses ; and the Board of Trade shall have the
immediate Control of such Shipping Offices, so far as regards the
Receipt and Payment of Money thereat ; and all Shipping Mas-
ters, Deputies, Clerks, and Servants so appointed as aforesaid
shall before entering upon their Duties give such Security (if any)
for the due Performance thereof as the Board of Trade requires;
and if in any Case the Board of Trade has reason to believe that
anj Shipping Master, Deputy, Clerk, or Servant appointed by
any Local Marine Board does not properly discharge his Duties,
the Board of Trade may cause the Case to be investigated, and
may, if it thinks fit so to do, remove him from his Office, and may
provide for the proper Performance of his Duties until another
Person is properly appointed in his Place.

124. It shall be the general Business of Shipping Masters ap-
pointed as aforesaid —

To afford Facilities for engaging Seamen by keeping Begistries
of their Names and Characters ;

To superintend and facilitate their Engagement and Dischaiige
in manner herein-after mentioned ;

To provide Means for securing the Presence on board at the
proper Times of Men who are so engaged ;

To facilitate the making of Apprentices&ps to the Sea Service;

To perform such other Duties relating to Merchant ScNamen and
Merchant Ships as are hereby or may hereafter under the
Powers herein contained be conmiitted to them.

126. Such Fees, not exceeding the Sums specified in the Table
marked P. in the Schedule hereto, as are from Time to Time
fixed bj the Board of Trade, shall be payable upon all Engage-
ments and Discharges effected before Shipping Masters as herein-
after mentioned, and the Board of Trade shall cause Scales of the
Fees payable for the Time being to be prepared and to be con*
spicuously placed in the Shipping Ofiices; and all Shipping
Masters^ their Deputies, Clerks, and Servants, may refuse to
proceed with any Engagement or Discharge unless the Fees pay-
able thereon are first paid.

126. Every Owner or Master of a Ship engaging or discharging
any Seamen or Seaman in a Shipping Office or before a Shipping
Master shall pay to the Shipping Master the whole of the Fees
hereby made payable in respect of such Engagement or DischargCy
and may, for the Purpose of in part reimbursing himself, deduct
in respect of each such Engagement or Discharge from the Wag^
of all Persons (except Apprentices) so engaged or discharged,
and retain, any Sums not exceeding the Sums specified in that
Behalf in the Table marked Q. in the Schedule hereto : Provided
that, if in any Cases the Sums which the Owner is so entitled to
deduct exceed the Amount of the Fee payable by him, f^^
Excess shall be paid by him to the Shipping Master in addition

to such Fee.

127. Any

A.D.1854. 17 o & 18 0 YICTORIiE. C. 104. 485

127. Any Shipping Master, Deputy Shipping Master, or any Shipping
Clerk or Servant in any Shipping Office, who demands or Offiat,
receives any Remuneration whatever, either directly or indi- p^T
rectly, for hiring or supplying any Seaman for any Merchant Ship, shippmif ^
excepting the lawful Fees payable under this Act, shall for every Masters taking
such Offence incur a Penalty not exceeding Twenty Pounds, and other Bemune-
shall also be liable to be dismissed from his Office by the Board of ration.
Trade.

128. The Board of Trade may, with the Consent of the Com- Business of
missioners of Customs, direct that at any Place in which no sepa- Shipping
rate Shipping Office is established the whole or any Part of the Offices may
Business of the Shipping Office shall be conducted at the Custom ^^SJ^f^
House, and thereupon the same shall bo there conducted accord- Houses.
Ingly; and in respect of such Business such Custom House shall

for all Purposes be deemed to be a Shipping Office, and the Officer
of Customs there to whom such Business is committed shall for
all Purposes be deemed to be a Shipping Master within the
Meaning of this Act

129. The Board of Trade may appoint any Superintendent of In London
or other Person connected with any Sailors Home in the Port of Saflore Homes
London to be a Shipping Master, with any necessary Deputies, °!*y n<^^^
Clerks, and Servants, and may appoint any Office in any such ^^^ Offices.
Home to be a Shipping Office ; and all Shipping Masters and
Shipping Offices so appointed shall be subject to the immediate

Control of the Board of Trade and not of the Local Marine Board
of the Port

130. The Board of Trade may from Time to Time dispense Dispensation
with the Transaction before a Shipping Master or in a Shipping ^th Shipping
Office of any Matters required by this Act to be so transacted ; Mwter's Super-
and thereupon such Matters shall, if otherwise duly transacted as ™ ° ^°^
required by Law, be as valid as if transacted before a Shipping

Master or in a Shipping Office.

Examinations and Certificates of Masters and Mates. Certificates of

ISL Examinations shall be instituted for Persons who intend to ^"^^

become Masters or Mates of Foreign-going Ships, or of Home

Trade Passenger Ships, or who wish to procure Certificates of Examinations
Competency herein-after mentioned ; and, subject as herein men- to be instituted
tioned, the Local Marine Boards shall provide for the Examina- for Masters and
tions at their respective Ports, and may appoint and from Time to Mates.
Time remove and re-appomt Examiners to conduct the same, and
may regulate the same ; and any Members of the Local Marine
Board of the Place where the Examination is held may be present
and assist at any such Examination.

132. The Board of Trade may from Time to Time lay down Powers of
Rules as to the Conduct of such Examinations and as to the Board of
Qualifications of the Applicants, and such Rules shall be strictly S^i^J^^ona,
adhered to by all Examiners; and no Examiner shall bo appointed **™*'*
unless he possesses a Certificate of Qualification, to be from Time
to Time granted or renewed by the Board of Trade ; and the
Sanction of the Board of Trade shall be necessary, so far as re-
gards the Number of Examiners to be appointed, and the Amount
of their Remuneration; and the Board of Trade may at any Time
depute any of its Officers to be present and assist at any Exami-

li 3 nation;

486

C.104.

17° & 18* VICTORLffi.

A.D.1864

CertificaUa of

Mcutert and

Mateg.

Fees to be
paid by Ap-
plicants for
£zaiiiiiiatioii.

Certificates of
Competency to
be granted to
those who
pass.

Certificates of
Service to be
delivered to
Persons who
served as
Masters or
Mates before
1851, and to
certain Naval
Officers; and
Certificates of
Service for
Home Trade

Ships to be
delivered to
Persons who
have served as
Masters or-
Mates in sach
Ships before
Ist January
1854.

nation ; and if it appears to the Board of Trade tliat the Ex-
aminations for any Two or more Torta can be conducted without
Inconvenience by the same Examiners, it may require and au«
thorize the Local Marine Boards of such Ports to act together as
One Board in providing for and regulating Examinations and
appointing and removing Examiners for such Ports.

188. All Applicants for Examination shall pay such Fees, not
exceeding the Sums specified in the Table marked R. in the Sche-
dule hereto, as the Board of Trade directs ; and such Fees shall be
paid to such Persons as the said Board appoints for that Purpose.
184. Subject to the Proviso herein-after contained, the Board of
Trade shall deliver to every Applicant who is duly reported by the
Local Examiners to have passed the Examination satisfactorily,
and to have given satisfactory Evidence of his Sobriety, Expe-
rience, Ability, and general good Conduct on board Ship, a Cer-
tificate (herein-after called a ** Certificate of Competency ") to the
Effect that he is competent to act as Master, or as First, second,
or Only Mate of a Foreign-going Ship, or as Master or Mate of a
Home Trade Passenger Ship, as the Case may be : Provided that
in every Case in which the Board of Trade has Reason to believe
such Report to have been unduly made, such Board may remit the
Case either to the same or to any other Examiners, and may require
a Re-examination of the Applicant, or a further Inquiry into his
Testimonials and Character, before granting him a Certificate.

186. Certificates of Service, differing in Form from Certificates
of Competency, shall be granted as follows ; (that is to say),
(1.) Every Person who before the First Day of January One
thousand eight hundred and fifty-one served as Master in
the British Merchant Service, or who has attained or
attains the Rank of Lieutenant, Master, Passed Mate, or
Second Master, or any higher Rank in the Service of Her
Majesty or of the East India Company, shall be entitled
to a Certificate of Service as Master for Foreign-going
Ships :
(2.) Every Person^ who before the First Day of January One
thousand eight hundred and fifty-one served as Mate in
the British Merchant Service shall be entitled to a Cer-
tificate of Service as Mate for Foreign-going Ships :
(3.) Every Person who before the First Day of January One
thousand eight hundred and fifty-four has served as
Master of a Home Trade Passenger Ship shall be en-
titled to a Certificate of Service as Master for Home
Trade Passenger Ships :
(4.) Every Person who before the First Day of January One
thousand eight hundred and fifty-four has served as Mate
of a Home Trade Passenger Ship shall be entitled to a
Certificate of Service as Mate for Home Trade Passenger
Ships :
And each of such Certificates of Service shall contain Particulars
of the Name, Place, and Time of Birth, and of the Length and
Nature of the previous Service of the Person to whom the same is
delivered ; and the Board of Trade shall deliver such Certificates
of Service to the various Persons so respectively entitled thereto,
upon their proving themselves to have attained such Bank or to

have

AD.1864. 170 3j 180 yiCTORIJE. C. 104. 487

have served afl aforesaid, and upon their giving a fnll and satis- CerHfieatea ^
factory Account of the ParticuUrs aforesaid. ^^^m^^

186. No Foreign-going Ship or Home Trade Passenger Ship
shall go to Sea from any Port in the United Kingdom unless the Ko Foreign-
Alaater thereof, and in the Case of a Foreign-going Ship the First going Ship or
and Second Mates or Only Mate (as the Case may be), and in the Home Trade
Case of a Home Trade Passenger Ship the First or Only Mate (as ^^*^^ to^^
the Case may be), have obtained and possess valid Certificates either ^^thoat
of Competency or Service appropriate to their several Stations in Certificates of
such Ship, or of a higher Grade ; and no such Ship, if of One the Master and
hundred Tons Burden or upwards, shall go to Sea as aforesaid. Mates.
unless at least One Officer besides the Master has obtained and
pcMsesses a valid Certificate appropriate to the Grade of Only Mate
therein or to a higher Grade ; and every Person who, having been
engaged to serve as Master or as First or Second or Only Mate of
any Foreign-going Ship, or as Master or First or Only Mate of a
Home Trade Passenger Ship, goes to Sea as aforesaid as such
lyiaster or Mate without being at the Time entitled to and possessed
of such a Certificate as herein-before required, or who employs
any Person as Master, or First, Second, or Only Mate of any
Foreign-going Ship, or as Master or First or Only Mate of a Home
Trade Passenger Ship, without ascertaining that he is at the Time
entitled to and possessed of such Certificate, shall for each such
Offence incur a Penalty not exceeding Fifty Pounds.

137. Every Certificate of Competency for a Foreign-going Ship Certificates for
shall be deemed to be of a higher Grade than the corresponding f ^^'^^^^^bfe
Certificate for a Home Trade Passenger Ship, and shall entitle the ^^^ Home^ *
lawful Holder thereof to go to Sea in the corresponding Grade in Trade Fu-
such last-mentioned Ship ; but no Certificate for a lu *ne Trade senger Bhips.
Passenger Ship shall entitle the Holder to go to Sea as Master or
Mate of a Foreign-going Ship.

1S8. All Certificates, whether of Competency or Service, shall The Begistra
be made in Duplicate, and one Part shall be delivered to the Person to record
entitled to the Certificate, and the other shall be kept and recorded ^{^ng ^^^
by the Registrar General of Seamen or by such other Person as ^ Certificates.
the Board of Trade appoints for that Purpose ; and the Board of
Trade shall give to such Registrar or such other Person immediate
Notice of all Orders made by it for cancelling, suspending, altering,
or otherwise affecting any Certificate in pursuance of the Powers
herein contained ; and the Registrar or such other Person as afore-
said shall thereupon make a corresponding Entry in the Record
of Certificates ; and a Copy purporting to be certified by such DapHcates, and
Registrar or his Assistant or by such Person as aforesaid of any Bnries to be
Certificate shall be primd facie Evidence of such CertiCcatc, and a Evidence.
Copy purporting to be so certified as aforesaid of any Entry made
as aforesaid in respect of any Certificate shall be pnmd facie Evi-
dence of the Truth of the Matters stated in such Entry.

189. Whenever any Master or Mate proves to the Satisfaction In case of
of the Board of Trade that he has, without Fault on his Part, lost J^a Copy
or been deprived of any Certificate already granted to him, the *® °® *^™° •
Board of Trade shall, upon Payment of such Fee (if any) as it
directs^ cause a Copy of the Certificate to which by the Record so
kept as aforesaid he appears to be entitled, to be made out and .
eertified as aforesaid, and to be delivered to him -, and any Copy

I i 4 which

488

C.IO*.

17*» & 18« VICTORIA

A.D.1854.

Certificateiof

Masters ana

Mates.

Penalties for
false Repre-
sentations;
for forging
or altering or
fraodolently
using or lend-
ing any Certi«
ficate.

Apprenticeships
to Sea Service,

Shipping
Masters to
assist in bind-
ing Appren-
tices, and may
receive Fees.

Indentures of
Boys appren-
ticed to Sea
Service by
Goardians, &c.,
vritnessedby
Two Justices.

Indentures of
Apprenticeship
to be exempt
from Stamp
Duty, and to
be recorded.

which purports to be so made and certified as aforesaid shall have
all the Effect of the Original.

140. Every Person who makes, or procures to be made, or assists
in making, any false Representation for the Purpose of obtaining
for himself or for any other Person a Certificate either of Com-
petency or Service, or who forges, assists in forging, or procures
to be forged, or fraudulently alters, assists in fraudulently altering,
or procures to be fraudulently altered, any such Certificate or any
official Copy of any such Certificate, or who fraudulently makes
use of any such Certificate or any Copy of any such Certificate
which is forged, altered, cancelled, suspended, or to which he is
not justly entitled, or who fraudulently lends his Certificate to or
allows the same to be used by any other Person, shall for each
Offence be deemed guilty of a Misdemeanor.

Apprenticeships to the Sea Service^

14L All Shipping Masters appointed under this Act shall, if
applied to for the Purpose, give to any Board of Guardians, Over-
seers, or other Persons desirous of apprenticing Boys to the Sea
Service, and to Masters and Owners of Ships requiring Apprentices,
such Assistance as is in their Power for facilitating the making of
such Apprenticeships, and may receive from Persons availing them-
selves of such Assistance such Fees as may be determined in that
Behalf bj the Board of Trade, with the Concurrence, 'fio far as
relates to Pauper Apprentices in England^ of the Poor Law Board
in Englandy and so far as relates to Pauper Apprentices in Ireland^
of the Poor Law Commissioners in Ireland*

142. In the Case of every Boy bound Apprentice to the Sea
Service by any Guardians or Overseers of the Poor, or other Persons
having the Authority of Guardians of the Poor, the Indentures
shall be executed by the Boy and the Person to whom he is bound
in the Presence of and shall be attested by Two Justices of the
Peace, who shall ascertain that the Boy has consented to be bound,
and has attained the Age of Twelve Years, and is of sufficient
Health and Strength, and that the Master to whom the Boy is to
be bound is a proper Person for the Purpose.

148. All Lidentures of Apprenticeship to the Sea Service shall
be exempt from Stamp Duty ; and all such Indentures shall be in
Duplicate; and every Person to whom any Boy whatever is bound
as an Apprentice to the Sea Service in the United Kingdom shall
within Seven Days after the Execution of the Indentures take or
transmit the same to the Registrar General of Seamen or to some
Shipping Master ; and the said Registrar or Shipping Master shall
retain and record One Copy, and shall indorse on the other that
the same has been recorde<^ and shall re-deliver the same to the
Master of the Apprentice ; and whenever any such Indenture
is assigned or cancelled, and whenever any such Apprentice dies
or deserts, the Master of the Apprentice shall, within Seven Days
after such Assignment, Cancellation, Death, or Desertion, if the
same happens within the United Kingdom, or if the same happens
elsewhere, so soon afterwards as Circumstances permit, notify the
same either to the said Registrar of Seamen, or to some Shipping
Master, to be recorded ; and every Person who fails to comply with

the

A.D.1854. 17* & 18* VICTORI.aB. C. 104. 489

the F^rovisioDS of this Section shall incur a Penalty not exceeding Apprauieeshipa
Ten Pounds. ^ ^«» Service.

144. Subject to the Provisions herein-before contained, all ]g„ig^"J^
Apprenticeships to the Sea Service made by any Guardians or govern Ap-
Overseers of the Poor, or Persons having the Authority of Guar- prenticeship
dians of the Poor, shall, if made in Great Britain^ be made in the of Paupers in
same Manner and be subject to the same Laws and Regulations ^^} ^^^
as other Apprenticeships made by the same Persons, and if made jSLpectively.
in Ireland shall be subject tathe following Rules; (that is to say,)

(1.) In every Union the Guardians of the Poor, or other Persons
duly appointed to carry into execution the Acts for the
Relief of the destitute Poor and having the Authority of
Guardians of the Poor, may put out and bind as an
Apprentice to the Sea Service any Boy who or whose
Parent or Parents is or are receiving Relief in such Union,
and who has attained the Age of Twelve Years, and is
of sufficient Health and Strength, and who consents to
be so bound :

(2.) If the Cost of relieving any such Boy is chargeable to an
Electoral Division of a Union, then (except in Cases in
which paid Officers act in Place of Guardians) he shall
not be bound as aforesaid unless the Consent in Writing
of the Guardians of such Electoral Division or of a
Majority of the Guardians (if more than One) be first
obtained, such Consent to be, when possible, indorsed
upon the Indentures :

(3.) The Expense incurred in the Binding and Outfit of any
such Apprentice shall be charged to the Unionor Electoral
Division (as the Case may be) to which the Boy or his
Parent or Parents is or are chargeable at the Time of his
being apprenticed :

(4.) All Indentures made in any Union may be sued upon by
the Guardians of the Union or Persons having the
Authority of Guardians therein for the Time being, by
their Name of Office, and Actions brought by them upon
such Indentures shall not abate by reason of Death or
Change in the Persons holding the Office ; but no such
Action shall be commenced without the Consent of the
Irish Poor Law Commissioners :

(6.) The Amount of the Costs incurred in any such Action and
not recovered from the Defendant therein, may be charged
upon the Union or Electoral Division (as the Case may
be) to which the Boy or his Parent or Parents was or
were chargeable at the Time of his being apprenticed.

145. The Master of every Foreign-going Ship shall, before Apprentices
carrying any Apprentice to Sea from any Place in the United •^d ^^^ ^"V
Kingdom, cause such Apprentice to appear before the Shipping v^*^^^^
Master before whom the Crew is engaged, and shall produce to shipping
faim the Indenture by which such Apprentice is bound, and the Master before
Assignment or Assignments thereof (if any) ; and the Name of each Voyage in
such Apprentice, with the Date of the indenture and of the *T®^®^'
Assignment or Assignments thereof (if any), and the Name of 8^"*^ ^^^^P*
the Port or Ports at which the same have been registered, shall

be entered on the Agreement; and for any Default in obeying the

Provisions

490

C104.

17» & 18* VICTORLB.

AJ).1854.

Engagement qf
Seamen,

BotTdwTTride
may license
Persoiu to pro*
cure Seamem

Penalties :

for supplying
Seamen with-
out Licence;

for employing
imlicensed
Persons j

for receiTing
Seamen ille-
gally sapplicd :

For receiying
Remnneration
fh>m Seamen
for shipping
them.

Agreonents to
be made with
Seamen, con-
taining certain
Particulars.

Provisions of this Section the Master shall for each Oflbnoe incur
a Penalty not exceeding Five Pounds.

£ngagemeni cf Seamen*

146. The Board of Trade maj grant to such Persons as it
thinks fit Licences to engage or supplj Seamen or Apprentices
for Merchant Ships in the United Kingdom, to continue for such
Periods, to be upon such Terms, and to be revocable upon such
Conditions, as such Board thinks proper.

147. The following Offences shall be punishable as herein-after
mentioned ; (that is to saj,)

(1.) If any Person not licensed as aforesaid, other than the
Owner or Master or a Mate of the Ship, or some Person
who is bondjide the Servant and in the constant Employ
of the Owner, or a Shipping Master duly appointed as
aforesaid, engages or supplies any Seaman or Apprentice
to be entered on board any Ship in the United Kingdom,
he shall for each Seaman or Apprentice so engaged or
supplied incur a Penalty not exceeding Twenty Pounds :

(2.) If any Person employs any unlicensed Person, other than
Persons so excepted as aforesaid, for the Purpose of
engaging or supplying any Seaman or Apprentice to be
entered on board any Ship in the United Kingdom, he
shall for each Seaman or Apprentice so engaged or
supplied incur a Penalty not exceeding Twenty Pounds^
and if licensed shall in addition forfeit his Licence :

(3.) If any Person knowingly receives or accepts to be entered
on board any Ship any Seaman or Apprentice who has
been engaged or supplied contrary to the Provisions of
this Act, he shall for every Seaman or Apprentice so
engaged or supplied incur a Penalty not exceeding
Twenty Pounds.

148. If any Person demands or receives, either directly or in-
directly, from any Seaman or ApprenticOi or from any Person
seeking Employment as a Seaman or Apprentice, or from any
Person on his Sehalf, any Remuneration whatever^ other than the
Fees hereby authorized, for providing him with Employment, he
shall for every such Offence incur a Penalty not exceeding Five
Pounds«

149. The Master of every Ship, except Ships of less than Eighty
Tons registered Tonnage exclusively employed in trading between
different Ports on the Coasts of the United Kingdom, shall enter
into an Agreement with every Seaman whom he carries to Sea
from any Port in the United Kingdom as One of his Crew in the
Manner herein-after mentioned ; and every such Agroement shall
be in a Form sanctioned by the Board of Trade, and shall be dated
at the Time of the first Signature thereof, and shall be signed by
the Master before any Seaman signs the same, and shall contain
the following Particulars as Terms thereof; (that is to say,)

(1.) The Nature, and, as far as practicable, the Duration of the

intended Voyage or Engagement :
(2.) The Number and Description of the Crew, specifying how

many are engaged as Sailors :

(3.) Th^

A.D.1854* 17^ & 18 • VICTOBIiB; €• 104i 491

(3.) The Time at which each Seaman is to be on board or to En^offemmt of
begin Work : Siamm.

(4.) The Capacity in which each Seaman is to serve ;
(5.)- — - -

The Amount of Wages which each Seaman is to receiye !
(6.) A Scale of the Provisions which are to be furnished to

' each Seaman :
(7.) Any Regulations as to Conduct on board, and as to Fines,
short Allowance of Provisions, or other lawful Punish-
ments for Misconduct, which have been sanctioned by
the Board of Trade as Regulations proper to be adopted,
and which the Parties agree to adopt :
And every such Agreement shall be so framed as to admit of
Stipulations, to be ^opted at the Will of the Master and Seaman
in each Case, as to Advance and Allotment of Wages, and may
oontain any other Stipulations which are not contrary to Law :
Provided that if the Master of any Ship belonging to any British Proviso as to
Possession has an Agreement with his Crew made in due Form ^<>™ *^
according to the Law of the Possession to which such Ship belongs ^""^^ o^P*-
or in wUch her Crew were engaged, and engages single Seamen
-in the United Kingdom, such Seamen may sign the Agreement so
made, and it shall not be necessary for them to sign an Agre^nent
in the Form sanctioned by the Board of Trade. «

160. In the Case of all Foreign-going Ships, in whatever Part Boles with
of Her Majesty's Dominions the same are registered, the following re«P«ct to
Rules shall be observed with respect to Agreements; (that is to ^fc^^^f ^

^T») Foreign-going

(L) Every Agreement made in the United Kingdom (except in Ships,
such Cases of Agreements with Substitutes as are herein-
after specially provided for) shall be signed by each
Seaman in the Presence of a Shipping Master :

(2.) Such Shipping Master shall cause the Agreement to be
read over and explained to each Seaman, or otherwise
ascertain that each Seaman understands the same before
ho signs it, and shall attest each Signature :

(3.) When the Crew is first Engaged the Agreement shall be TobeinDupli-
signed in Duplicate, and one Part shall be retained by <^te;
the Shipping Master, and the other Part shall contain a
special Place or Form for the Descriptions and Signa-
tures of Substitutes or Persons engaged subsequently to
the First Departure of the Ship, and shall be delivered
to' the Master :

(4.) In the Case of Substitutes engaged in the Place of Seamen Provision for
who have duly signed the Agreement, and whose Ser- Substitutes,
vices are lost within Twenty-four Hours of the Ship's
putting to Sea by Death, Desertion, or other unforeseen
Cause, the Engagement shall, when practicable, be made
before some Shipping Master duly appointed in the
Manner herein-before specified ; and whenever such last-
mentioned Engagement cannot be so made, the Master
shall, before the Ship puts to Sea, if practicable, and if
not, as soon afterwanls as possible, cause the Agreement
to be read over and explained to the Seamen ; and the
Seamen shall thereupon sign the same in the Presence of
a Witness, who shaU attest their Signatures.

16L In

492

C.104,

17« & 18" VICTORLffi,

A.D.1854.

EngagemioUof
Seamen,

Foreign-going
Ships making
short Voyages
may haTc
nmning Agree-
ments.

Engagement
and Discharge
of Seamen in
the meantime.

Baplicates of
nmning Agree-
ments, htfw to
be dealt with.

Fees to be paid
on such running
Agreements.

In Home
Trade Ships
Ag^reement
to be entered
into before a
Shipping
Master, or other
Witness.

16L In the Case of Foreign-going Ships making Yojages
averaging less than Six Months in Duration, running Agreements
with the Crew may be made to extend over Two or more Yojages,
so that no such Agreement shall extend beyond the next following
Thirtieth Day of June or Thirty-first Day of December or the
First Arrival of the Ship at her Port of Destination in the United
Kingdom after such Date, or the Discharge of Cargo consequent
upon such Arrival ; and every Person entering into such Agree-
ment, whether engaged upon the First Commencement thereof or
otherwise, shall enter into and sign the same in the Manner hereby
required for other Foreign-going Ships ; and every Person engaged
thereunder, if discharged in the United Kingdom, shall be dis-
charged in the Manner hereby required for the Discharge of Sea-
men belonging to other Foreign-going Ships.

152. The Master of every Foreign-going Ship for which such a
running Agreement as aforesaid is made shall, upon every Return
to any Port in the'^United Kingdom before the final Termination
of the Agreement, discharge or engage before the Shipping Master
at such Port any Seaman whom he is required by Law so to dis-
charge or engage, and shall upon every such Return indorse om
the Agreement a Statement (as the Case may be) either that no
8-jch Discharges or Engagements have been made or are intended
to be made before the Ship again leaves Port, or that all such
Discharges or Engagements have been duly made as herein-before
required, and shfdl deliver the Agreement so indorsed to the
Shipping Master; and any Master who wilfully makes a false
Statement in such Indorsement shall incur a Penalty not exceed-
ing Twenty Pounds ; and the Shipping Master shall also sign an
Indorsement on the Agreement to the Efiect that the Provisions
of this Act relating to such Agreement have been complied with,
and shall re-deliver the Agreement so indorsed to the Master.

163. In Cases in which such running Agreements are made,
the Duplicate Agreement retained by the Shipping Master upon
the First Engagement of the Crew shall either be transmitted to
the Registrar General of Seamen immediately, or be kept by the
Shipping Master until the Expiration of the Agreement^ as the
Board of Trade directs.

154. For the Purpose of determining the Fees to be paid upon
the Engagement and Discharge of Seamen belonging to Foreign-
going Ships which have running Agreements as aforesaid, the
Crew shall be considered to be engaged when the Agreement is
first signed, and to be discharged when the Agreement finally ter-
minates, and all intermediate Engagements and Discharges shall be
considered to be Engagements and Discharges of single Seamen.

166. In the Case of Home Trade Ships, Crews or single Seamen
may, if the Master thinks fit, be engaged before a Shipping Master
in the Manner herein-before directed with respect to Foreign-
going Ships ; and in every Case in which the Engagement is not
so made, the Master shall before the Ship puts to Sea, if practi-
cable, and if not, as soon afterwards as possible, cause the Agree-
ment to be read over and explained to each Seaman, and the Sea-
man shall thereupon sign the same in Uie Presence of a Witness,
who shall attest his Signature,

166. In

A.D.1854. 17 «& 18* VICTORIA. 0.104. 493

166. In Cases irhere seyeral Home Trade Ships belong to the Engagement of
same Owner, the Agreement with the Seamen maj, notwithstand* Stawun.
ing anything herein contained, be made by the Owner instead of „ iJTir^
bj the Master, and the Seamen may be engaged to serve in any j^^^ for^^*^^
Two or more of such Ships, provided that the Names of the Ships Home Trade
and the Nature of the Service are specified in the Agreement ; Ships belong-
but with the foregoing Exception all Provisions herein contained hig to same
which relate to o^nary Agreements for Home Trade Ships shall Owners.

be applicable to Agreements made in pursuance of this Section.

167. If in any Case a Master carries any Seaman to Sea Penalty for
without entering into an Agreement with him in the Form and «Wpphig Sea-
Manner and at the Place and Time hereby in such Case required, "*"* ^^^*
the Master in the Case of a Foreign-going Ship, and the Master diSJ^^^ted,
or Owner in the Case of a Home Trade Ship, shall for each such

Offence incur a Penalty not exceeding Five Pounds.

168. The Master of every Foreign-going Ship of which the Crew Changes in
has been engaged before a Shipping Master shall before finally ^^^ ^ he
leaving the United Kingdom sign and send to the nearest Ship- ^^ported.
ping Master a full and accurate Statement in a Form sanctioned

by the Board of Trade of every Change which takes place in his
Crew before finally leaving the United Kingdom, and in default
ahall for each Offence incur a Penalty not exceeding Five Pounds ;
and such Statement shall be admissible in Evidence, subject to all
just Exceptions.

169. Every Master of a Ship who, if such Ship is registered Seamen en-
in the United Kingdom engages any Seaman in any British Pos- ^f^"*^!^
session, or if such Ship belongs to any British Possession engages gi^^^'before
any Seaman in any British Possession other than that to which gome Shipping
the Ship belongs, shall, if there is at the Place where such Seaman Master or

is engaged any ofiicial Shipping Master or other Officer duly ap- Officer of
pointed for the Purpose of shipping Seamen, engage such Seaman Customs,
before such Shipping Master, and if there is no such Shipping
Master or Officer, then before some Officer of Customs ; and the
same Rules, Qualifications, and Penalties as are herein-before
specified with respect to the Engagement of Seamen before Ship-
ping Masters in the United Kingdom shall apply to such Engage-
ments in a British Possession ; and upon every such Engagement
such Shipping Master or Officer as aforesaid shall indorse upon
the Agreement an Attestation to the Effect that the same has been
signed in his Presence, and otherwise made as hereby required;
and if in any Case such Attestation is not made, the Burden of
proving that the Seaman was duly engaged as hereby required
shall lie upon the Master.

160. Every Master of a British Ship who engages any Seaman Seamen
at any Place out of Her Majesty's Dominions in which there is a «pgag^ jj
British Consular Officer shall, before carrying such Seaman to Sea, ^^J^^^i^J"
procure the Sanction of such Officer, and shall engage such Soa- ^{^ the^mc-
man before such Officer; and the same Rules as arc herein-before tion and in the
contained with respect to the Engagement of Seamen before Ship- Presence of the
ping Masters in the United Kingdom shall apply to such Engage- Consol.
ments made before Consular Officers ; and upon every such En-
gagement the Consular Officer shall indorse upon the Agreement
his Sanction thereof, and an Attestation to the Effect that the
same has been signed in his Presence, and otherwise made as

hereby

494 a 104 .17« & 18* VICTORLiB. JLD,1854.

Engagemmuqf hereby required; and every Master who engages any Seaman in
Stammi. ^ny Place in which there is ti Consular Officer, otherwise than as
herein-before requiredi shall incur a Penalty not exceeding
Twenty Pounds; and if in any Case the Indorsement and Attes-
tation iDereby required is not made upon the Agreement, the
Burden of proving the Engagement to have been made as herein-
before required shall lie upon the Master.
Bules as to 16L The following Rules shall be observed with respect to the

Production of Production of Agreements and Certificates of Competency or Se^
andSSuea ^^ ^^^ Foreign-going Ships ; (that is to say,)
of Masters (1.) The Master of every Foreign-going Ship 'shall, on signing

and Mates of the Agreement with his Crew, produce to the Shipping

Foreign-going Master before whom the same is signed the Certificates

P^ of Competency or Service which the said Master and

his First and Second Mate or Only Mate, as the Case
may be, are hereby required to possess ; and upon such
Production being duly made, and the Agreement being
dnlv executed as hereby required, the Slipping Master
shall sign and give to the Master a Certificate to that
Effect :
(2.) In the Case of running Agreements for Foreign-going
Ships the Shipping Master shdl, before the Seciond and
every subsequent Voyage made after the First Com-
mencement of the Agreement, sign and give to the Master,
on his complying with the Provisions herein contained
with respect to such Agreements, and producing to the
Shipping Master the Certificate of Competency or Ser-
vice of any Firsts Second, or only Mate then first engaged
by him, a Certificate to that Effect :
(3.) The Master of every Foreign-going Ship shall, before pro-
ceeding to Sea, produce the Certificate so to be given to
him by the Shipping Master as aforesaid to the Collector
or Comptroller of Customs, and no Officer of CustomB
shall clear any such Ship Outwards without such Pro-
duction ; and if any such Ship attempts to go to Sea
without a Clearance, any such Officer may detain her
until such Certificate as aforesaid is produced :
(4.) The Master of every Foreign-going Ship shall, within
Forty-eight Hours after the Ship's Arrival at her final
Port of Destination in the United Kingdom, or upon the
Discharge of the Crew, whichever first happens, deliver
such Agreement to a Shipping Master at the Place ; and
such Shipping Master shall thereupon give to the Master
a Certificate of such Delivery ; and no Officer of Customs
shall clear any Foreign-going Ship Inwards without the
Production of such Certificate:
And if the Master of any Foreign-going Ship fails to deliver the
Agreement to a Shipping Master at the Time and in the Manner
hereby directed, he shall for every Default incur a Penaltj not
exceeding Five Pounds.
Rules as to pro- 162. The following Bules shall be observed with respect to the

a"!^^!^* Production of Agreements and Certificatea of Competency or Ser-
A-rcements ^.^ f^^ ^^^^ ^^.^^ gj^ . ^^^^ ^ ^^ ^ ^

A D.1864. 17* & 18» VICTORIiBS, C. 104. 4D6

(L) In the Case of Home Trade Ships of more than Eighty andOertlileates
Tona Burden, no Agreement shall extend beyond the for Home
next following Thirtieth Day of June or Thirty-first Day T»de Ships.
oiDeeembery or the First Arrivid of the Ship at her final
Port of Destination in the United Kingdom after such
Date, or the Discharge of Cargo consequent upon such
Arrival :
(2.) The Master or Owner of every such Ship shall, within
Twenty-one Days after the Thirtieth Day of June and
the Thirty-first Day of December in every Year, transmit
or deliver to some Shipping Master in the United King-
dom every Agreement mi^e within the Six Calendar
Months next precedingsuch Days respectively, and shall
also in the Case of Home Trade Passenger Ships pro-
duce to the Shipping Master the Certificates of Com-
petency or Service which the said Master, and his First
or Only Mate, as the Case may be, are hereby required
to possess t
(3.) The Shipping Master shall thereupon give to the Master or
Owner a Certificate of such Delivery and Production ;
and no Officer of Customs shall grant a Clearance or
Transire for any such Ship as last aforesaid without the
Production of such Certificate ; and if any such Ship
attempts to ply or go to Sea without such Clearance or
Transire, any such Officer may detain her until the said
Certificate is produced :
And if the Agreement for any Home Trade Ship is not delivered
or transmitted by the Master or Owner to a Shipping Master at
the Time and in the Manner hereby directed, such Master or
Owner shall for every Default incur a Penalty not exceeding
Five Pounds.

10S. Every Erasure, Interlineation, or Alteration in any such Alterations to
Agreement with Seamen as is required by the Third Part of this ^ ^®|^ unless
Act ^except Additions so made as herein-before directed for 5^ made with
shipping Substitutes or Persons engaged subsequently to the First the Consent of
Departure of the Ship) shall be wholly inoperative, unless proved all Parties,
to have been made with the Consent of all the Persons interested
in such Erasure, Interlineation, or Alteration by the written
Attestation (if made in Her Majesty's Dominions) of some Ship-
ping Master, Justice, Officer of Customs, or other public Func-
tionary, or (if made out of Her Miyesty's Dominions) of a British
Consular Officer, or, where there is no such Officer, of Two respect^
able Briiish Merchants.

164. Every Person who fraudulently alters, assists in fraudu- Penalty for
lently altering, or procures to be fraudulently altered, or makes, or ^^y^^Z
assists in making, or procures to be made, any false Entry in, -^8^^™®°
or delivers, assists in delivering, or procures to be delivered, a

false Copy of any Agreement, shall for each such Ofience be
deemed guilty of a Misdemeanor.

165. Any Seaman may bring forward Evidence to prove the Production of
Contents of any Agreement or otherwise to support his Case, with- Agreement
out producing or giving Notice to produce the Agreement or any

Copy thereof.

166. The

496

0.104.

17* & IS** VICTORIiE.

A.D.1854.

Engagemaatof
Stamen^

Copy of Agree-
ment accessible
to Crew.
Seamen dis-
charged before
Voyage to
have Compen-
sation,

AUoimait
of Wages.

Begolations
as to Allot-
ment Notes.

Allotment
Notes may be
saed on snm-
■ marily by
certain Per-
sons and
under certain
Conditions.

166. The Master shall at the Commenoement of every Voyage
or Engagement cause a legible Copj of the Agreement (omitting
the Signatures) to be placed or posted up in such Part of the
Ship as to be accessible to the Crew, and in default shidl for each
Offence incur a Penalty not exceeding Five Pounds.

167. Anj Seaman who has signed an Agreement, and is after*
wards discharged before the Commencement of the Voyage, or
before One Month's Wages are earned, without Fault on his Part
justifying such Discharge and without his Consent, shall be entitled
to receive from the Master or Owner, in addition to any Wages
he may have earned, due Coropensatioa for the Damage thereby
caused to him, not exceeding One Month's Wages, and may, on
adducing such Evidence as the Court hearing the Case deems
satisfactory of his having been so improperly discharged as afore-
said, recover such Compensation as if it were Wages duly earned.

Allotment of Wages.

168. All Stipulations for the Allotment of any Part of the
Wages of a Seaman during his Absence which are made at the
Commencement of the Voyage shall be inserted in the Agreement,
and shall state the Amounts and Times of the Payments to be
made ; and all Allotment Notes shall be in Forms sanctioned by
the Board of Trade.

169. The Wife, or the Father or Mother, or the Grandfather or
Grandmother, or any Child or Grandchild, or any Brother or
Sister of any Seaman in whose Favour an Allotment Note of Part
of the Wages of such Seaman is made, may, unless the Seaman
is shown in manner herein-after mentioned to have forfeited or
ceased to be entitled to the Wages out of which the Allotment is
to be paid, and subject, as to the Wife, to the Provision herein-
after contained, sue for and recover the Sums allotted by the Note
when and as the same are made payable, with Costs, from the
Owner or any Agent who has authorized the drawing of the Note,
either in the County Court or in the summary Manner in which
Seamen are by this Act enabled to sue for and recover Wages
not exceeding Fifty Pounds; and in any such Proceeding it shall
bo sufficient for tho Claimant to prove that he or she is the Per-
son mentioned in the Note, and that the Note was given by the
Owner or by the Master or some other authorized Agent ; and
the Seaman shall be presumed to be duly earning his Wages,
unless the contrary is shown to the Satisfaction of the Court,
either by the official Statement of the Change in the Crew caused
by his Absence made and signed by the Master, as by this Act is
required, or by a duly certified Copy of some Entry in the official
Log Book to the Effect that he has left the Ship, or by a credible
Letter from the Master of the Ship to the same Effect, or by such
other Evidence, of whatever Description, as the Court in its abso-
lute Discretion considers sufficient to show satisfactorily that the
Seaman has ceased to be entitled to the Wages out of which the
Allotment is to be paid : Provided that the Wife of any Seaman
who deserts her Children, or so misconducts herself as to be
undeserving of Support from her Husband shall thereupon forfeit
all Right to further Payments of any Allotment of his Wages
which has been made in her Favour.

Dueharg%

A.D.1854. 17'' & 18** VICTORIiE. C. 104. 497

Discharge and Payment of Wages. DUcJuxrge and

170. In the Case of all British Foreign-going Ships, in what- ^"^^^^^

ever Part of Her Majesty's Dominions the same are registered, all il *

Seamen discharged in the United Kingdom shall be discharged Discharge from
and receive their Wages in the Presence of a Shipping Master Foreign-going
duly appointed under this Act, except in Cases where some com- Ships to be
patent Court otherwise directs ; and any Master or Owner of 2^^!^°'^
any such Ship who discharges any Seaman belonging thereto, or. Master.
except OS aforesaid, pays his Wages within the United Kingdom
in any other Manner, shall incur a Penalty not exceeding Ten
Pounds ; and in the Case of Home Trade Ships Seamen may, if
the Owner or Master so desires, be discharged and receive their
Wages in like Manner.

17L Every Master shall, not less than Twenty-four Hours Master to
before paying off or discharging any Seaman, deliver to him, or, deliyer Account
if he 18 to be discharged before a Shipping Master, to such Ship- ^^ Wages.
ping Master, a full and true Account in a Form sanctioned by
the Board of Trade of his Wages and of all Deductions to be
made therefrom on any Account whatever, and in default shall
for each Offence incur a Penalty not exceeding Five Pounds ; and
no Deduction from the Wages of any Seaman (except in respect of
an/ Matter happening after such Delivery) shall be allowed unless
it is included in the Account so delivered ; and the Master shall
during the Voyage enter the various Matters in respect of which
such Deductions are made, with the Amounts of the respective
Deductions, as ihej occur, in a Book to be kept for that Purpose, .^.^ ^

and shall, if required, produce such Book at the Time of the Pay-
ment of Wages, and also upon the Hearing before any competent
Authority of any Complaint or Question relating to such Pay-
ments.

172. Upon the Discharge of any Seaman, or upon Payment of Masters to
his Wages, the Master shall sign and give him a Certificate of his J&f®*™*"^
Discharge, in a Form sanctioned by the Board of Trade, specifying dSc^to*!^
the Period of his Service and the Time and Place of his Discharge ; return (^ti-
and if any Master fails to sign and give to any such Seaman such ^cates of
Certificate of Discharge he shall for each such Offence incur a Competency,
Penalty not exceeding Ten Pounds ; and the Master shall also, ^^ ^ Mates.
upon the Discharge of every Certificated Mate whose Certificate
of Competency or Service has been delivered to and retained by
him, return such Certificate, and shall in default incur a Penalty
not exceeding Twenty Pounds.

178. Every Shipping Master shall hear and decide any Question Shipping
whatever between a Master or Owner and any of his Crew which Master may
both Parties agree in Writing to submit to him ; and every Award decide Qp^
so made by him shall be binding on both Parties, and shall in any p^^^^ ^^^
legal Proceeding which may be taken in the Matter before any to him.
Court of Justice be deemed to be conclusive as to the Rights of
the Parties ; and no such Submission or Award shall require a
Stamp; and any Document purporting to be such Submission or
Award shall be primd facie Evidence thereof.

174. In any Proceeding relating to the Wages, Claims, or Dis- Master and
charge of any Seaman carried on before any Shipping Master °**^"^?! ?*®'
under the Provbions of this Act, such Shipping Master may call p5|^„ j^*

17 h 18 Vict. K k upon ^

498

C.104,

17° & 18* VICTORLffi.

A.D.1854.

Shipping
Masters, and
give Evidence.

Settlement of
Wages.

Bclease to be
signed befbre
and attested
by the Ship-
ping Master;

to be Dis-
charge;

and to be
^Syidence.

No other
Receipt to lie
a Discharge.

Voucher to
be given to
Master, and to
be Evidence.

Master to
make Reports
of Character.

upon the Owner or his Agent, or upon the Master or anj Mate or
other Member of the Crew, to produce any Log Books, Papers, or
other Documents in their respective Possession or Power rekting
to anj Matter in question in such Proceeding, and may call before
him and examine any of such Persons being then at or near the
Place on any such Matter ; and every Owner, Agent, Master,
Mate, or other Member of the Crew who when called upon by
the Shipping Master does not produce any such Paper or Docu-
ment as aforesaid, if in his Possession or Power, or does not
appear and give Evidence, shall, unless he shows some reasonable
Excuse for such Default, for each such Offence incur a Penalty
not exceeding Five Pounds.

175. The following Rules shall be observed with respect to the
Settlement of Wages ; (that is to say,)
(1.) Upon the Completion before a Shipping Master of any
Discharge and Settlement, the Master or Owner and each
Seaman shall respectively in the Presence of the Ship-
ping Master sign in a Form sanctioned by the Board of
Trade a mutual Release of all Claims in respect of the
past Voyage or Engagement, and. the Shipping Master
shall also sign and attest it, and shall retain and transmit
it as herein directed :
(2.) Such Release so signed and attested shall operate as a
mutual Discharge and Settlement of all Demands be-
tween the Parties thereto in respect of the past Voytge
or Engagement :
(3.) A Copy of such Release certified under the Hand of such
Shipping Master to be a true Copy shall be given by him
to any Party thereto requiring the same ; and such Copy
shall be receivable in Evidence upon any future Question
touching such Claims as aforesaid, and shall have all
the Effect of the Original of which it purports to be a
Copy :
(4.) In Cases in which Discharge and Settlement before »
Shipping Master are hereby required, no Payment,
Receipt, Settlement, or Discharge otherwise made shall
operate or be admitted as Evidence of the Release or
Satisfaction of any Claim :
(5.) Upon any Payment being made by a Master before a Ship-
ping Master, the Shipping Master shall, if required, sign
and give to such Master a Statement of the whole
Amount so paid ; and such Statement shall as between
the Master and his Employer be received as Evidence
that he has made the Payments therein mentioned.
176. Upon every Discharge effected before a Shipping Master
the Master shall make and sign in a Fo m sanctioned by the
Board of Trade a Report of the Conduct, Character, and Qualifi-
cations of the Persons discharged, or may state in a Column to be
left for that Purpose in the said Form that he declines to give any
Opinion upon such Particulars or upon any of them ; and il)^
Shipping Master shall transmit the same to the Registrar General
of Seamen, or to such other Person as the Board of Trade directs,
to be recorded, and shall, if desired so to do by any Seaman, give

. to him or indorse on his Certificate of Discharge a Copy of so

much

A.D.1854. 17*> & IS** VICTOBIiE. C. 104. 499

much of such Report as concerns him ; and eyerj Person who JDi^charge and
makes, assists in making, or procures to be made any false Certi- Pament of
ficate or Report of the Service, Qualifications, Conduct, or Cha- '°^*'

racter of anj Seaman, knowing the same to be false, or who
forges, assists in forging, or procures to be forged, or fraudulently
alters, assists in fraudulently altering, or procures to be fraudu-
lently altered, any such Certificate or Report, or who fraudulently
makes use of any Certificate or Report or of any Copy of any
Certificate or Report which is forged or altered or does not belong
to him, shall for each such Offence be deemed guilty of a Misde-
meanor.

Remittance of Wages and Savings Bqnksfor Seamen. Remittance of

177. Facilities shall, if the Board of Trade so directs, be given s^^Banks
for remitting the Wages and other Monies of Seamen and Ap- for Seamen,

prentices to their Relatives or other Persons by means of Money

Orders issued by Shipping Masters ; and the Board of Trade Facilities may
may make Regulations concerning such Orders, and the Persons ^ ?*^?° ^"^^
by or to whom, and the Mode and Time in and at which, the same ^IJmen'f

are to be paid, and may from Time to Time repeal or alter any Wages,
such Regulations ; and all such Regulations, so long as they are
in force, shall be binding upon all Persons interested or claiming
'to be interested in such Orders, as well as upon the Officers em-
ployed in issuing or paying the same ; and no legal Proceeding
shall be instituted against the Board of Trade, or against any
Shipping Master or other public Officer employed about fiiuch
Orders, on account of any such Regulations, or on account of any
Act done or left undone in pursuance thereof, or on account of
any Refusal, Neglect, or Omission to pay any such Money Order
unless such Refusal, Neglect, or* Omission arise from Fraud or
wilful Misbehaviour on the Part of the Person against whom
Proceedings are instituted.

178. The Board of Trade may, in any Case in which it thinks Power to pay
fit so to do, cause the Amount of any such Money Order as ^^^ ^^^^ '^
aforesaid to be paid to the Person to whom or in whose Favour the ^

same may have been granted, or to his personal Representatives,
Legatees, or next of Kin, notwithstanding that such Order may
not be in his or their Possession ; and in all such Cases from and
after such Payment the Boiurd of Trade and every Shipping
Master or other Officer of the Board of Trade shall be freed from
all Liability in respect of such Order.

179. Every Shipping Master or other public Officer who grants Penalty for
or issues any Money Order with a fraudulent Litent shall in issuing Money
England or Ireland be deemed guilty of Felony, and in Scodand 9^^^.^^^
of a high Crime and Offence, and shaU be liable to be kept in ^^nt
Penal Servitude for a Term not exceeding Four Years.

180. The Commissioners for the Reduction of the National Savings Bonks
Debt, or the Comptroller Gksneral acting under them, may, on the *»r Seamen
Application and Recommendation of the Board of Trade, esta- JJJ^^****"
blish Savings Banks at such Ports and Places within the United
Kingdom, either in the Shipping Offices established in such Ports

or elsewhere, as may appear to be expedient, and may appoint
Treasurers to receive from or on account of Seamen, or the Wives
and Families of Seamen, desirous to become Depositors in such

K k 2 Savings

600

C.104.

17 «& 180 VICTORIES.

A.D.1854.

Remittance of Savings Bankfl, Deposits to an Am6unt not exceeding One hon-

Wagee and dred and fifty Pounds in the whole in respect of anj One Account,

SavinM Banke under such Regulations as may be prescribed by the said Cornmis*

for Seamen. ^^^^^^ ^^ Comptroller General; and such Regulatiop^ shall be
binding on all such Treasurers and Depositors ; and the said Com-
missioners may remoye such Treasurers^ and appoint others in
their Place ; and all the Provisions of the Acts now in force
relating to Savings Banks, except so far as relates to the annual
Amount of Deposit^ shall apply to all Savings Banks which may
be established under the Authority of this Act^ and to such Trea*
surers and Depositors as aforesaid. .

Legal Rightt
to Wagee.

Bight to
Wages, &CU
when to begm.

Seamen not
to give up
certain Rights.

Wages not to
be dependent
on the earning
of Freight

Payment of
Wages mease
of Death.

Rights to
Wages in case
of Termination
of Service
by Wreck or
lUnefis.

Wages not to
accrue during
Refusal to
TTork or Im*
prisooment

LegeU Bights to Wages.

18L A Seaman's Right to Wages and Provisions shall be taken
to commence either at the Time at which he commences Work
or at the Time speciGed in the Agreement for his Commencement
of Work or Presence on board, whichever first happens.

182. No Seaman shall by any Agreement forfeit his Lien upon
the Ship, or be deprived of any Remedy for the Recovery of his
Wages to which he would otherwise have been entitled; and
every Stipulation in any Agreement inconsistent with any Pro-
vision of this Act, and every Stipulation by which any Seaman
consents to abandon his Right to Wages in the Case of the Loss
of the Ship, or to abandon any Right which he may have or
obtain in the Nature of Salvage* shaU be wholly inoperative.

188. No Right to Wages shi^ be dependent on the earning of
Freight ; and every Seaman and Apprentice who would be entitled
to demand and recover any Wages if the Ship in which he has
served had earned Freight, shall, subject to all other Rules of
Law and Conditions applicable to the Case, be entitled to claim
and recover the same^ notwithstanding that Freight has not been
earned; but in all Cases of Wreck or Loss of the Ship, Proof
that he has not exerted himself to the utmost to save the Shijs
Cargo, and Stores, shall bar his Claim«

184. If any Seaman or Apprentice to whom Wages are dae
under the last preceding Enactment dies before the same are paid,
they shall be paid and applied in the Manner herein-after specified
with regard to the Wages of Seamen who die during a Voyage*

186. In Cases where the Service of any Seaman terminatefi
before the Period contemplated in the Agreement by reason of
the Wreck or Loss of the Ship, and also in Cases where such Ser-
vice terminates before such Period as aforesaid by reason of his
being left on shore at any Place abroad under a Certificate of his
Unfitness or Inability to proceed on the Voyage granted as herein-
after mentioned, such Seaman shall be entiUed to Wages for the
Time of Service prior to such Termination as aforesaid, but not for
any further Period.

186. No Seaman or Apprentice shall be entitled to Wages for
any Period during which he unlawfully refuses or neglects to work
when required, whether before or after the Time fixed by the
Agreement for his beginning Work, nor, unless the Court heanng
the Case otherwise directs, for any Period during which he i»
lawfully imprisoned for any Offence committed by him.

X87* *•'*'

A.D.1854.

no&iaoyiCTOBiiB.

G.104.

501

187. The Master or Owner of every Ship shall pay to every Legai Rights
Seaman his Wages within the respective Periods following ; (that ^ Wages,
is to say,) in the Case of a Home Trade Ship within Two Days p . T~^^
after the Termination of the Agreement or at the Time when ^wSimges
such Seaman is discharged, whichever first happens ; and in the are to be paid.
Case of all other Ships (except Ships employed in the Southern
Whale Fishery or on other Voyages for which Seamen hy the
Terms of their Agreement are wholly compensated by Shares in
the Profits of the Adventure) within Three Days after the Cargo
has been delivered, or within Five Days after the Seaman's Dis-
charge, whichever first happens; and in all Cases the Seaman
shall at the Time of his Discharge be entitled to be paid on
account a Sum equal to One Fourth Part of the Balance due to
him ; and every Master or Owner who neglects or refuses to make
Payment in manner aforesaid, without sufficient Cause, shall pay
to the Seaman a Sum not exceeding the Amount of Two Days
Pay for each of the Days, not exceeding Ten Days, during which
Payment is delayed beyond the respective Periods aforesaid, and
SQch Sum shall be recoverable as Wages.

Mode of recovering Wages*

188. Any Seaman or Apprentice, or any Person duly authorized
on his Behalf, may sue in a summary Manner before any Two
Justices of the Peace acting in or near to the Place at which the
Service has terminated, or at which the Seaman or Apprentice
has been discharged, or at which any Person upon whom the
Claim is made is or resides, or in Scotland either before any such
Justices or before the Sheriff of the County within which any such
Place is situated, for any Amount of Wages due to such Seaman
or Apprentice not exceeding Fifty Pounds over and above the
Costs of any Proceeding for the Recovery thereof, so soon as the
Mme becomes payable ; and every Order made by such Justices
or Sheriff in the Matter shall be final.

189. No Suit or Proceeding for the Recovery of Wages under
the Sum of Fifty Pounds shall be instituted by or on behalf of
any Seaman or Apprentice in any Court of Admiralty or Vice-
Admiralty, or in the Court of Session in Scotlandy or in any
Superior Court of Record in Her Majesty's Dominions, unless the
Owner of the Ship is adjudged bankrupt or declared insolvent, or
unless the Ship is under Arrest or is sold by the Authority of any
such Court as aforesaid, or unless any Justices acting under the
Authority of this Act refer the Case to be adjudged by such
Court, or unless neither the Owner nor Master is or resides
within Twenty Miles of the Place where the Seaman or Appren-
tice is discharged or put ashore.

190. No Seaman who is engaged for a Voyage or Engagement
which is to terminate in the United Kingdom shall be entitled to
sue in any Court abroad for Wages, unless he is discharged with
such Sanction as herein required and with the written Consent of
the Master, or proves such Ill-usage on the Part of the Master or
by his Authority as to warrant reasonable Apprehension of Dan-
ger to the Life of such Seaman if he were to remain on board ;
but if any Seaman on his Return to the United Kingdom proves
ttiat the Master or Owner has been guilty of any Conduct or

E k 3 Default

Mode of

recovering

Wages,

Seamen may
sue for Wages
in a sommary
Manner.

Restrictions
on Suits for
Wages in
Superior
Courts.

No Seaman to
sue for Wages
abroad, except
in Cases of
Discharge or of
Duiger to
Life.

502

C.104,

l7«&18»VICTORIiB.

A.D.1854.

Mods of

recovering

Wages.

Master to have
same Bemedies
for Wages as
Seamen.

Bditfto

Seamen's

Families out of

Poor Bates,

BeUef to Sea-
men's Families
to be charge-
able on a
certain Pro-
portion of
their Wages.

Notice to be
given to
Owner, and
Charge to
be enforced on
the Betom of
the Seaman.

Default which but for this Enactment would have entitled the
Seaman to sue for Wages before the Termination of the Voyage
or Engagement, he shall be entitled to recover in addition to his
Wages such Compensation not exceeding Twenty Founds as the
Court hearing the Case thinks reasonable.

191. Eyerj Master of a Ship shall, so far as the Case permits,
have the same Bights, Liens, and Remedies for the Recovery of
his Wages which by this Act or by any Law or Custom any Sea-
man, not being a IV^ter, has for the Recovery of his Wages ; and
if in any Proceeding in any Court of Admiralty or Yice-Admiralty
touching the Claim of a Master to Wages any Right of Set-off or
Counter-claim is set up, it shall be lawful for such Court to enter
into and adjudicate upon all Questions and to settle all Accounts
then arising or outstanding and unsettled between the Parties to
the Proceeding, and to direct Payment of any Balance which is
found to be due.

Relief to Seamen* s Families out of Poor Rates,

192. Whenever during the Absence of any Seaman on a Yoyago
his Wife, Children, and Step-children, or any of them, become or
becomes chargeable to any Union or Parish in the United King-
dom, such Union or Parish shall be entitled to be reimbursed out
of the Wages of such Seaman earned during such Voyage any Sums
properly expended during his Absence in the Maintenance of his
said Relations, or any of them, so that such Sums do not exceed
the following Proportions of his said Wages ; (that is to say,)

(1.) If only One of such Relations is chargeable, One Half of
such Wages :

(2.) If Two or more of such Relations are chargeable, Two
Thirds of such Wages :
But if during the Absence of the Seaman any Sums have been
paid by the Owner to or on behalf of any such Relation as afore-
said, under an Allotment Note given by the Seaman in his, her,
or their Favour, any such Claim for Reimbursement as aforesaid
shall be limited to the Excess (if any) of the Proportion of the
Wages herein-before mentioned over the Sums so paid.

193. For the Purpose of obtaining such Reimbursement as
aforesaid, the Guardians of the Union or Parish, where the Belief
of the Poor is administered by Guardians, and the Overseers of
the Poor of any other Parish in England^ and the Guardians or
other Persons having the Authority of Guardians in any Union
in Irelandy and the Inspector of the Poor in Scotland^ may give
to the Owner of the Ship in which the Seainan is serving »
Notice in Writing stating the Proportion of the Seaman's Wages
upon which it is intended to make the Claim, and requiring ibe
Owner to retain such Proportion in his Hands for a Period to be
therein mentioned, not exceeding Twenty-one Days from the
Time of the Seaman's Return to his Port of Discharge, and alw
requiring such Owner immediately on such Return to give to
such Guardians, Overseers, Persons, or Inspector Notice m
Writing of such Return; and such Owner, after receiving such
Notice as aforesaid, shall be bound to retain the said Proportion
of Wages, and to give Notice of the Seaman's Return accord-
ingly!

A.D. 1854. 17* & 18° VICTORLSJ. C. 104. 603

inglj, and shall likewise give to the Seaman Notice of the in- Hditfto
tended Claim; and the said Guardians, Overseers, Persons, or Seamen*8
Ii)?pector maj upon the Seaman's Return apply in a summary Fmndieaoutof
Way in England or Ireland to any Two Justices having Juris- "^ itates.
diction in such Union or Parish as aforesaid, and in Scotland to
the Sheriff of the County, for an Order for such Reimbursement
as aforesaid ; and such Justices or Sheriff may hear the Case,
and may make an Order for such Reimbursement to the whole
Extent aforesaid, or to such lesser Amount as they or he may
under the Circumstances think fit ; and the Owner shall pay to
such Guardians, Overseers, Persons, or Inspector, out of the Sea-
man's Wages, the Amount so ordered to be paid by way of Reim-
bursement, and shall pay the Remainder of the said Wages to the
Seaman; and if no such Order as aforesaid is obtained within
the Period mentioned in the Notice so to be given to the Owner as
aforesaid, the Proportion of Wages so to be retained by him as
aforesaid shall immediately on the Expiration of such Period,
and without Deduction^ be payable to the Seaman.

Wages and Effects of deceased Seamen, Wages and

194. Whenever any Seaman or Apprentice belonffing to or Effects^ de-

^ . V . n •!? r oi.* 1- xi- -o • • c«v ceosed Seamen,

sent home m any Bnash Ship, whether a Foreign-going Ship or

a Home Trade Ship, employed on a Voyage which is to terminate Masters to

in the United Kingdom, dies during such Voyage, the Master take charge of

shall take charge of all Money, Clothes, and Effects which he o^* »ell Effects

leaves on board, and shall, if he thinks fit, cause all or any of the ^^^**^

said Clothes and Effects to be sold by Auction at the Mast or ^^ich^e on

other Public Auction, and shall thereupon sign an Entry in the board, and

Official Log Book containing the following Particulars ; (that is enter the same

to say,) 5°d 7^««es

(1.) A Statement of the Amount of the Money and a Descrip- jlffi^Sii i!>

tion of the Effecia so left by the Deceased : " ^'

(2.) In case of a Sale, a Description of each Article sold, and

the Sum received for each :

(3.) A Statement of the Sum due to the Deceased as Wages,

and the total Amount of the Deductions (if any) to be

made therefrom :

And shall cause such Entry to be attested by a Mate and by One

of the Crew.

196. In the Cases provided for by the last preceding Section, Such Effects

the following Rules shall be observed ; (that is to say,) and Wages to

(1.) If the Ship proceeds at once to any Port in the United ^F^A^^*^''

Kingdom without touching on the Way at any Foreign ^ ^jpping^

Port, the Master shall within Forty- eight Hours after Master, with

his Arrival deliver any such Effects as aforesaid remain* fUi Accounts.

ing unsold, and pay any Money which he has taken

charge of or received from such Sale as aforesaid, and

also the Balance of Wages due to the Deceased, to the

Shipping Master at the Port of Destination in the

United Kingdom :

(2.) If the Ship touches and remains for Forty-eight Hours at

some Foreign Port or at some Port in Her Majesty's

Dominions abroad before coming to any Port in the

United Kingdom, the Master shall report the Case to

^ • ' K k 4 the

604

C.104.

17° & 18* VICTORIiR

A.D.1854.

Wa^s and
Effects of de-
ceased Seamen,

Penalties for
Dot taking
charge of,
remitting, or
accoonting for
soch Monies
and Effects.

the British Consular Officer or Officer of Customs there,
as the Case may be, and shall give to such Officer aoj
Information he requires as to the Destination of the Ship
and probable Length of the Vojage ; and such Officer
may thereupon, if he considers it expedient so to doi
require the said Effects, Money, and Wages to be de-
livered and paid to hira, and shall upon such DeUvery
and Payment give to the Master a Receipt, and the
Master shall within Forty-eight Hours after his Arrival
at his Port of Destination in the United Kingdom pro-
duce the same to the Shipping Master there; and such
Consular Officer or Officer of Customs shall in such Case
indorse and certify upon the Agreement with the Crew
such Particulars with respect to such Delivery and Pay-
ment as the Board of Trade requires :
(3.) If such Officer as aforesaid does not require such Payment
and Delivery to be made to him, the Master shall take
charge of the said Effects, Money, and Wages, and shall
within Forty-eight Hours after his Arrival at his Port
of Destination in the United Kingdom deliver and pay
the same to the Shipping Master there :
(4.) The Master shall in all Cases in which any Seaman or
Apprentice dies during the Progress of a Voyage or
Engagement give to the Board of Trade, or to SQch
Officer or Shipping Master as aforesaid, an Account in
such Form as they respectively require of the Effects,
Money, and Wages so to be delivered and paid; and
no Deductions claimed in such Account shall be allowed
unless verified, if there is any official Log Book, by such
Entry therein as herein-before required, and also by such
other Vouchers (if any) as nuiy be reasonably required
by the Board of Trade, or by the Officer or Shipping
Master to whom the Account is rendered :
(5.) Upon due Compliance with such of the Provisions of this
Section as relate to Acts to be done at the Port of Des-
tination in the United Kingdom, tlie Shipping Master
shall grant to the Master a Certificate to that Effect, and
no Officer of Customs shall clear Inwards any Foreign-
going Ship without the Production of such Certificate.
196. If any Master fails to take such Charge of the Money or
other Effects of a Seaman or Apprentice dying during a Voyage,
or to make such Entries in respect thereof, or to procure such
Attestation to such Entries, or to make such Payment or Delivery
of any Money, Wages, or Effects of any Seaman or Apprentice
dying during a Voyage, or to give such Account in respect thereof
as herein-before respectively directed, he shall be accountable for
the Money, Wages, and Effects of the Seaman or Apprentice to
the Board of Trade, and shall pay and deliver the same accord-
ingly; and such Master shall in addition for every such Offence
incur a Penalty not exceeding treble the Value of the Money or
Effects not accounted for, or, if such Value is not ascertained, not
exceeding Fifty Pounds ; and if any such Money, Wages, or
Effects are not duly paid, delivered, or accounted for by the
Master, the Owner of the Ship shall pay, ddiver, and account for

the

A.D.1854, 17" & 18" VICTORIA C. 104. 505

the same, and such Money and Wages and the Valae of such Wages and
Effects shall be recoyerabfe from him accordingly ; and if he Effectg ofde*
failA to account for and pay the same, ho shall, in addition to his ctaaed^eam^n.
Liability for the said Money and Value, incur the same Penalty
which is herein-before mentioned as incurred by the Master for
the like Offence ; and all Money, Wages, and Effects of any Sea-
man or Apprentice dying during a Voyage shall be recoverable
in the same Courts and by the same Modes of proceeding by
which Seamen are hereby enabled to recover Wages due to them.

197. If any such Seaman or Apprentice as Inst aforesaid dies Officers of
abroad at any Place either in or out of Her Majesty's Dominions Cuatonw and
leaving any Money or Effects not on board his Ship, the chief 2?"'^ *® *
Officer of Customs or the British Consular Officer at or nearest to £^(^ il^i^
the Place, as the Case may be, shall claim and take charge of such Seamen
Money and Effects ; and such Officer shall, if he thinks fit, sell all abroad, and to
or any of such Effects, or any Effects of any deceased Seaman or remit the same
Apprentice delivered to him under the Provisions herein-before ^ ^^
contained ; and every such Officer shall, quarterly or at such -^^udot
other Times as the Board of Trade directs, remit to Her Majesty's Trade.
Paymaster General all Monies belonging to or arising from the

Sale of the Effects of or paid as the Wages of any deceased Seamen
or Apprentices which have come to his Hands under the Provisions
herein-before contained, and shall render such Accounts in re-
spect thereof as the Board of Trade requires.

198. Whenever any Seaman or Apprentice dies in the United Wages^ &c of
Kingdom, and is at the Time of his Death entitled to claim from Seamen dying
the Master or Owner of any Ship in which he has served any **i^\^^
unpaid Wages or Effects, such Master or Owner shall pay and ^^ toBow^
deliver or account for the same to the Shipping Master at the of Trade.
Port where the Seaman or Apprentice was discharged or was to

have been discharged, or to the Board of Trade, or as it directs.

199. If the Money and Effects of any deceased Seaman or If lew than
Apprentice paid, delivered, or remitted to the Board of Trade or *^ 2!!*^
ita Agents, including the Monies received for any Part of the said ^^gcSSf^
Efiecta which have been sold either before Delivery to the Board seamen may
of Trade or by its Direction, do not exceed in Value the Sum of ^ paid ore?
Fifty Pounds, then, subject to the Provisions herein-after con- withoatPro-
tained, and to all such Deductions for Expenses incurred in respect ^. ?J^^"
of the Seaman or Apprentice or of his said Money and Effects ^"I^^ ^
as the said Board thinks proper to allow, the said Board may, if entitled*

it thinks fit so to do, pay and deliver the said Money and Effects
either to any Claimants who can prove themselves to the Satisfac-
tion of the said Board either to be his Widow or Children, or to be
entitled to the Effects of the Deceased under his Will (if any), or
under the Statutes for the Distribution of the Effects of Intestates,
or under any other Statute, or at Common Law, or to be entitled
to procure Probate or take out Letters of Administration or Con-
firmation, although no Probate or Letters of Administration or
Confirmation have been taken out, and shall be thereby discharged
from aU further Liability in respect of the Monev and Effects so
paid and delivered, or may, if it thinks fit so to do, require Pro-
bate or Letters of Administration or Confirmation to be taken out,
and thereupon pay and deliver the said Money and Effects to the
legal personal Representatives of the Deceased ; and all Claimants

to

506

C.104.

17* & 18^ VICTORUB.

AD.1854.

Wages and
Effects ofde-
ceased Seamen,

Mode of Pay.
ment under
Wills made by
Seamen,

FrorkiaEi for
Payment of
just Claimi by
Creditors, and
for pferenting
fraudulent
Claims.

to whom such Money or Effects are so paid or delivered shall
apply the same in due Coarse of Administration ; and if snch
Money and Effects exceed in Yalae the Sum of Fifty Pounds, then
subject to the Provisions herein-after contained and to Deductioii
for Expenses, the Board of Trade shall pay and deliver the same
to the legal personal Representatives of the Deceased.

200. In Cases where the deceased Seaman or Apprentice has
left a Will, the Board of Trade shall have the following Powers ;
(that is to say,)

(1.) It may in its Discretion refuse to pay or deliver any such
Wages or Effects as aforesaid to any Person claiming to
be entitled thereto under a Will made on board Ship,
unless such Will is in Writing, and is signed or acknow-
ledged by the Testator in the Presence of the Master or
First or Only Mate of the Ship, and is attested by such
Master or Mate :
(2.) It may in its Discretion refuse to pay or deliver any such
Wages or Effects as aforesaid to any Person not being
related to the Testator by Blood or Marriage who daims
to be entitled thereto under a Will made elsewhere than
on board Ship, unless such Will is in Writing, and is
signed or acknowledged by the Testator in the Presence
of Two Witnesses, One of whom is some Shipping
Master appointed under this Act, or some Minister or
Officiating Minister or Curate of the Place in which the
same is made, or, in a Place where there are no such
Persons, some Justice of the Peace, or some BriUdi
Consular Officer, or some Officer of Customs, and is
attested by such Witnesses :
Whenever any Claim made under a Will is rejected bj the Board
of Trade on account of the said Will not being made and attested
-as herein-before required, the Wages and Effects of the Deceased
shall be dealt with as if no Will had been made.

201. The following Rules shall be observed with respect to
Creditors of deceased Seamen and Apprentices ; (that is to say,)

(1.) No such Creditor shall be entitled to claim from the Board
of Trade the Wages or Effects of any such Seaman or
Apprentice or any Part thereof by virtue of Letters of
Administration taken out by him, or by virtue of Confir-
mation in Scotland as Executor Creditor :

(2.) No such Creditor shall be entitled by any Means whatever
to Payment of his Debt out of such Wages and Effects,
if the Debt accrued more than Three Years before the
Death of the Deceased, or if the Demand is not made
within Two Years after such Death :

(3.) Subject as aforesaid, the Steps to be taken for procuring
Payment of such Debt shall be as follows (that is to
say): Every Person making a Demand as Creditor shall
deliver to the Board of Trade an Account in Writing
in such Form as it requires, subscribed with his Name,
stating the Particulars of his Demand and the Place of
his Abode, and verified by his Declaration made before
a Justice:

(4.) V

AJ).1854. !?• & 18* VICTORLa:. C. 104. 607

(4.) If before such Demand is made anj Claim to the Wages Wages and
and Effects of the Deceased made by any Person into- Effects qfdem
rested therein as his Widow or Child, or under a Will or ceased Seamen.
under the Statutes for the Distribution of the Effects of
Intestates, or under any other Statute, or at Common
Law, has been allowed, the Board of Trade shall give
Notice to the Creditor of the Allowance of such Person's
Claim, and the Creditor shall thereupon have the same
Rights and Remedies against such Person as if he or
she had received the said Wages and Effects as the legal
personal RepreseiUative of the Deceased :
(5.) If no Claim by any such Person has been allowed, the Board
of Trade shall proceed to investigate the Creditor's
Account, and may for that Purpose require him to prove
the same, and to produce all Books, Accounts, Vouchers,
and Papers relating thereto ; and if by such Means the
Creditor duly satisfies the Board of Trade of the Justice
of the Demand, either in the whole or in part, the same
shall be allowed and paid accordingly, so far as the Assets
in the Hands of the Board of Trade will extend for that
Purpose, and such Payment shall discharge the Board of
Trade from all further Liability in respect of the Money
so paid I but if such Board is not so satisfied, or if such
Books, Accounts, Vouchers, or Papers as aforesaid are
not produced, and no sufficient Reason is assigned. for
not producing them, the Demand shall be disallowed :
(6.) In any Case whatever the Board of Trade may delay the
Investigation of anv Demand made by a Creditor for the
Payment of his Debt for One Year from the Time of the
first Delivery of the Demand ; and if in the course of
that Time a Claim to the Wages and Effects of the
Deceased is made and substantiated as herein-before
required by any Person interested therein as a Widow
or Child, or under a Will, or under the Statutes for the
Distribution of the Effect3 of Intestates, or under any
other Statute, or at Common Law, the Board of Trade
may pay and deliver the same to such Person; and there-
upon the Creditor shall have the same Rights and Reme«
dies against such Person as if he or she had received
the same as the legal personal Representative of the
Deceased.
202. In Cases of Wages or Effects of deceased Seamen or Mode of
Apprentices received by the Board of Trade to which no Claim is dealing witli
substantiated within Six Years after the Receipt thereof by such unclaimed
Board, it shall be in the absolute Discretion of such Board, if any Y^^l^
subaequent Claim is made, either to allow or to refuse the same ; geamcn.
and, subject to the Provision herein-after contained, the Board of
Tn&de shall from Time to Time pay any Monies arising from the
unclaimed Wages and Effects of deceased Seamen, which in the
Opinion of such Board it is not necessary to retain for the Purpose
of satisfying Claims, into the Receipt of Her Majesty's Exchequer
in such Manner as the Treasury directs, and such Monies shall be
carried to and form Part of the Consolidated Fund of the United j

JBOngdom,
• - 208. Every ^J

508

C. 104.

17»&18»VICTORIiE.

A.aiS54.

Wages and
Effects of df
ceased Seamen,

punuhinent
for Forgery
andfUae
Kepresenta-
tions in order
to obtain
Wages and
Property of
decayed Sea-
men.

Disposal of the
Effects of
Seamen dis-
charged from
the Kayjr.

Leaving
Seamen amad^

On Discharge
of Seamen
abroad, by
Sale of Ship
or otherwise,
Certificates
of Discharge
tobegiTen,
and Seamen
to be sent
home at Ex-
pense of
(hrner.

208. Eyerj Person who, for the Purpose of obtaining, either
for himself or for another, any Money or Efiects of any deceased
Seaman or Apprentice, forges^ assists in forging, or procures to
be forged, or fraudulently alters, assists in fraudulenUy altering,
or procures to be fraudulently altered, any Document purporting
to show or assist in showing a Right to such Wages or Effects,
and every Person who for the Purpose aforesaid makes use of any
such forged or altered Document as aforesaid, or who for the
Purpose aforesaid gives or makes or procures to be given or
made, or assists in giving or making or procuring to be given or
made, any false Evidence or Representation, knowing the same to
be false, shall be punishable with Penal Servitude for a Term not
exceeding Four Years, or with Imprisonment with or withoat
Hard Labour for any Period not exceeding Two Years, or if
summarily prosecuted find convicted, by Imprisonment, with or
without Hard Labour, for any Period not exceeding Six Months.

204., In the Case of Seamen invalided or discharged from any
of Her Majesty's Ships, and sent home in Merchant Ships, any
Monies or Effects belonging to them which are paid, remitted, or
delivered to the Board of Trade, or its Agents, under the Frovi-
sions herein-before contained, shall be paid over and disposed of
in such Manner as the Accountant General of Her Majesty's
Navy directs.

Leaving Seamen abroad.
206. Whenever any British Ship is transferred or disposed of
at any Place out of Her Majesty's Dominions, and any Seaman or
Apprentice belonging thereto does not in the Presence of some
British Consular Officer, or, if there is no such Consular Officer
there, in the Presence of One or more respectable British Mer-
chants residing at the Place, and not interested in the said Ship»
signify his Consent in Writing to complete the Voyage if con-
tinued, and whenever the Service of any Seaman or Apprentice
belonging to any British Ship terminates at any Place out of Her
Majesty's Dominions, the Master shall give to each such Seamen
or Apprentice a Certificate of Discharge in the Form sanctioned
by the Board of Trade as aforesaid, and in the Case of any Certi-
ficated Mate whose Certificate he has retained shall return sach
Certificate to him, and shall also, besides paying the Wages to
which such Seaman or Apprentice is entitled, either provide him
with adequate Employment on board some other British Ship
bound to the Port in Her Majesty's Dominions at which he was
originally shipped, or to such other Port in the United Engdom
as is agreed upon by him, or furnish the Means of sending him
back to such Port, or provide him with a Passage home, or
deposit with such Consular Officer or such Merchant or Mer-
chants as aforesaid such a Sum of Money as is by such Officer or
Merchants deemed sufficient to defray the Expenses of his Soh-
sistence and Passage home; and such donsular Officer or Merchants
shall indorse upon the Agreement of the Ship which the Seaman
or Apprentice is leaving the Particulars of such Payment, Provi-
sion, or Deposit ; and if the Master refuses or neglects to complj
with the Kequirements of this Section, such Expenses as last
aforesaid, if defrayed by such Consular Officer or by any other

Person

A.D.1854. 17* & 18* VICTORIiE. C. 104. 609

Person, sbally unless such Seaman or Apprentice has been gailtj Leaving
of Barratrjy be a Charge upon the Ship to which such Seaman or Seamen abroad.
Apprentice belonged and upon the Owner for the Time being
thereof, and may be recovered against such Owners, with Costs,
at the Suit of the Consular Officer or other Person defraying such
Expenses, or, in case the same has been allowed to the Consular
Officer out of the Public Monies, as a Debt due to Her Mi^jestj
either bj ordinary Process of Law, or in the Manner in which
Seamen are hereby enabled to recover Wages ; and such Ex-,
penses, if defrayed by the Seaman or Apprentice, shall be reco-
verable as Wages due to him.

206. If the Master or any other Person belonging to any British Fordng Set*

Ship wrongfully forces on shore and leaves behind, or otherwise "SJ."^ *^^'*
wilfully and wrongfully leaves behind, in any Place, on shore or ^^^^0^
at Sea, in or out of Her Majesty's Dominions, any Seaman or

Apprentice belonging to such Ship before the Completion of the
Voyage for which such Person was engaged or the Return of the
Ship to the United Kingdom, he shaLL for each such Offisnce be
deemed guilty of a Misdemeanor.

207. If the Master of any BriiUh Ship does any of the fol- No Seamen
lowing Things ; (that is to say,) to be dis-

(1.) Discharges any Seaman or Apprentice in any Place situate ^'^^Clfl

in any British Possession abroad (except the Possession ^thoot Certi-
in which he was shipped), without previously obtaining ficate of lome
the Sanction in Writing indorsed on the Agreement of Functionary,
some public Shipping Master or other Officer duly
appointed by the local Government in that Behalf, or
(in the Absence of any such Functionary) of the chief
Officer of Customs resident at or near the Place where
the Discharge takes place ;
(2«) Discharges any Seaman or Apprentice at any Place out of
Her Mi^esty's Dominions without previously obtaining
the Sanction so indorsed as aforesaid of the British Con-
sular Officer there, or (in his Absence) of Two respect*
able Merchants resident there ;
(3.) Leaves behind any Seaman or Apprentice at any Place
situate in any British Possession abroad on any Ground
whatever, without previously obtaining a Certificate in
Writing so indorsed as aforesaid from such Officer or
Person as aforesaid, stating the Fact and the Cause
thereof, whether such Cause be Unfitness or Inability
to proceed to Sea, or Desertion or Disappearance ;
(4.) Leaves behind any Seaman or Apprentice at any Place out
of Her Majesty's Dominions, on shore or at Sea^ on any
Ground whatever, without previously obtaining the Cer-
tificate indorsed in manner and to the Effect last afore-
said of the British Consular Officer there, or (in his
Absence) of Two respectable Merchants, if there is any
such at or near the Place where the Ship then is :
He shall for each such Default be deemed guilty of a Misde-
meanor; and the said Functionaries shall and the said Merchants
may examine into the Grounds of such proposed Discharge, or
into the Allegation of such Unfitness, Inability, Desertion, or Dis-
appearance aa aforesaid, in a summary Way, and may for that

Purposci

610

C.104.

17» & 18' VICTORLffl.

A.D.1854

Leaving
Seamen abroad.

Proof of Boch
Certificate to
' be upon the
Master.

Wages to be
paid when
Seamen are
left behind on
Ground of
Inability.

Such Wages
to be treated
as Money due
to the Seamen,
subject to Pay-
ment of Ex-
pense of their
Subsistence
and Passage
home.

Parpose, if they think fit so to do, administer Oaths, and may
either grant or refuse such Sanction or Certificate as appears to
them to be just.

208. Upon the Trial of any Information, Indictment^ or other
Proceeding against any Person for discharging or leaving behind
any Seaman or Apprentice, contrary to the Provisions of this Act,
it shall lie upon such Person either to produce the Sanction or
Certificate hereby required, or to prove that he had obtained the
same previously to having discharged or left behind such Seaman
or Apprentice, or that it was impracticable for him to obtain such
Sanction or Certificate.

209. Every Master of any British Ship who leaves any Seaman
or Apprentice on shore at any Place abroad in or out of Her
Majesty's Dominions, under a Certificate of his Unfitness or In-
ability to proceed on the Voyage, shall deliver to One of the
Functionaries aforesaid or (in the Absence of such Functionaries)
to the Merchants by whom such Certificate is signed, or, if there
be but One respectable Merchant resident at such Place, to him,
a full and true Account of the Wages due to such Seaman or
Apprentice, such Account when deLvered to a Consular Officer
to be in Duplicate, and shall pay the same either in Money or by
a Bill drawn upon the Owner ; and in the Case of every Bill so
drawn, such Functionary, Merchants or Merchant as aforesaid,
shall by Indorsement certify thereon that the same is drawn for
Money due on account of a Seaman's Wages, and shall also indorse
the .Ajnount for which Buch Bill is drawn, with such further Par-
ticulars in respect of the Case as the Board of Trade requires,
upon the Agreement of the Ship ; and every such Master as afore<-
said who refuses or neglects to deliver a full Account of such
Wages, and pay the .^ount thereof in Money or by Bill, as
hcrcin-bcfore required, shall for every such Onence or Default
be liable, in addition to the Payment of the Wages, to a Penalty
not exceeding Ten Pounds ; and every such Master who delivers
a false Account of such Wages shall for every such Offence, in
addition to the Payment of the Wages, incur a Penalty not
exceeding TwentyPounds.

210. Every such Payment as last aforesaid, whether by Bill or
in Money, shall, if made in any British Possession, be made to the
Seaman or Apprentice himself, and, if made out of Her Majesty's
Dominions, to the Consular Officer, who shall, if satisfied with ^e
Account, indorse on One of the Duplicates thereof a Receipt for
the Amount paid or Bill delivered, and shall return the same to
the Master ; and the Master shall, within Forty-eight Hours after
his Return to his Port of Destination in the United Kingdom,
deliver the same to the Shipping Master there ; and the Consular
Officer shall retain the other Duplicate of the said Account^ and
shall, if the Seaman or Apprentice subsequently obtains Employ-
ment at or otherwise quits the Port, deduct out of the Sum
received by him as aforesaid any Expenses wliich have been
incurred by him in respect of the Subsistence of the Seaman or
Apprentice under the Provisions herein contained, except such as
the Master or Owner of the Ship is hereby required to pay, and
shall pay the Remainder to the Seaman or Apprentice, and shall
also deliver to him an Account of the Sums so received and ex-
pended

A.D.1864. 17^ & 18 ° VICTORIA C. 104. 611

ponded on his Behalf ; and shall, if the Seaman or Apprentice Leaving

dies before his Ship quits the Port, deal with the same in the Seamen abroad.

Manner herein-after specified in that Behalf, and shall^ if the

Seaman or Apprentice is sent home at the public Expense under

the liVo visions herein contained, account for the Amount received

to the Board of Trade ; and such Amount shall, after deducting

any Expenses which have been duly incurred in respect of such

Seaman or Apprentice, except such as the Master or Owner of the

Ship is hereby required to pay, be dealt with as Wages to which

he is entitled, and shall be paid accordingly.

211. The Governors, Consular Officers, and other Officers of Distressed
Her Majesty in Foreign Countries shall, and in Places where Seamen foQ^d
there are no such Governors or Officers any Two Resident British ^^^J^^
Merchants may, provide for the Subsistence of all Seamen or Ap- ^^^ ^0^^
prenticesy being Subjects of Her Majesty, who have been ship- at the public
wrecked, discharged, or left behind at any Place abroad, whether Expense,
from any Ship employed in the Merchant Service or from any of

Her Majesty's Ships, or who have been engaged by any Person
acting either as Principal or Agent to serve in any Ship belonging
to any Foreign Power or to the Subject of any Foreign State, and
who are in Distress in any Place abroad, until such Time as they
are able to provide them with a Passage home, and for that Pur-
pose shall cause such Seamen or Apprentices to be put on board
some Ship belonging to any Subject of Her Majesty bound to
any Port of the United Eanedom, or to the British Possession to
which ihey belong, (as the Case requires,) which is in want of
Men to make up its Complement, and in default of any such Ship
shall provide ihem with a Passage home as soon as possible in
some Ship belonging to a Subject of Her Majesty so bound as
aforesaid, and shall indorse on the Agreement of any Ship on
board of which any Seaman or Apprentice is so taken or sent the
Name of every Person so sent on board thereof, with such Parti-
culars concerning the Case as the Board of Trade requires, and
shall be allowed for the Subsistence of any such Seaman or Ap-
prentice such Sum per Diem as the Board of Trade from Time to
Time appoints ; and the Amount due in respect of such Allowance
shall be paid out of any Monies applicable to the Relief of dis-
tressed British Seamen, and granted by Parliament for the Pur-
pose, on the Production of the Bills of the Disbursements, with the
proper Vouchers.

212. The Master of every British Ship so bound as aforesaid Masters of
shall receive and afford a Passage and Subsistence to all Seamen British Ships
or Apprentices whom he is required to take on board his Ship compdled to
under the Provisions herein-before contained, not exceeding One * *™*
for every Fifty Tons Burden, and shall during the Passage pro-
vide every such Seaman or Apprentice with a proper Berth or
Sleeping Place effisctually protected against Sea and Weather;

and on the Production of a Certificate signed by any Governor,
Consular Officer, or Merchants by whose Directions any such
Seaman or Apprentice was received on board, specifying the
Number and Names of such Seamen or Apprentices, and the Time
when each of them respectively was received on board, and on a
Declaration made by such Person before a Justice, and verified
bj the Begistrar General of Seamen^ stating the Number of Days

during

512

C.104.

17^ & 18^ VICTORIA.

A.D.1854.

Power to
sue for the
Amoant ad-
rancedfor
the Belief of
vSeamen left
ahroMd.

Leaving during which each Seaman or Apprentice received Sahsistence
Seamen abroad, and was provided for as aforesaid on board his Ship, and stating
also the Number of Men and Boys forming tho Complement of
his Crew, and the Number of Seamen and Apprentices employed
on board his Ship during such Time, and every Variation (if anj)
of such Number, such Person shall be entitled to be paid ont of
the said Monies applicable to tho Relief of distressed BritiA
Seamen, in respect of the Subsistence and Passage of every
Seaman or Apprentice so conveyed, subsisted, and provided for
by him excecMling the Number (if any) wanted to make op the
Complement of his Crew, such Sum per Diem as the Board of
Trade from Time to Time appoints ; and if any Person having
Charge of any such Ship fails or refuses to receive on board his
Ship, or to give a Passage home, or Subsistence to, or to provide
for any such Seaman or Apprentice as aforesaid, contrary to the
Provisions of this Act, he shall incur a Penalty not exceeding
One hundred Pounds for each Seaman or Apprentice with respect
to whom he makes such Default or Refusal.

213. If any Seaman or Apprentice belonging to any BritiA
Ship is discharged or left behind at any Place out of the (Jnited
Kingdom, without full Compliance on the Part of the Master with
all the Provisions in that Behalf in this Act contained, and
becomes distressed and is relieved under the Provisions of this
Act, or if any Subject of Her Majesty, after having been engaged
by any Person (whether acting as Principal or Agent) to serve in
any Ship belonging to any Foreign Power, or to the Subject of
any Foreign Power, becomes distressed and is relieved as afore*
said, the Wages (if anv) due to such Seaman or Apprentice, and
all Expenses incurrea for his Subsistence, necessary Clothing,
Conveyance home, and Burial, in case he should die abroad before
reaching Home, shall be a Charge upon the Ship, whether British
or Foreign, to which he so belonged as aforesaid ; and the Board
of Trade may in the Name of Her Majesty (besides suing for any
Penalties which may have been incurred) sue for and recover the
said Wages and Expenses, with Costs, either from the Master of
such Ship as aforesaid, or from the Person who is Owner thereof
for the Time being, or, in the Case of such Engagement as afore-
said for Service in a Foreign Ship, from such Master or Owner, or
from the Person by whom such Engagement was so made as afore-
said; and such Sums shall be recoverable either in the same
Manner as other Debts due to Her Majesty, or in the same Manner
and by the same Form and Process in which Wages due to the
Seaman would be recoverable by him ; and in any Proceedings
for that Purpose Production of tho Account (if any) to be fur-
nished as herein-before is provided in such Cases, together with
Proof of Payment by the Board of Trade or by the Paymaster
General of the Charges incurred on account of any such Seaman,
Apprentice, or other Person, shall be sufficient Evidence that he
was relieved, conveyed home, or buried (as the Case may be) at
Her Majesty's Expense.

Volunteering
into the Navy,

Volunteering into the Navy.

214. Any Seaman may leave his Ship for the Purpose of forth-

Seamen al- with entering into the Naval Service of Her Majesty, and such
lowed to leave leaving

A.D.1854. 17* & 18* VlCTORIiE, C.104. 513

leaving his Ship shall not be deemed a Desertion therefrom, and Vdunteering
shall not render him liable to any Punishment or Forfeiture what- "* ^ Navy,
ever ; and all Stipulations introduced into any Agreement whereby
any Seaman is declared to incur any Forfeiture or be exposed to
any Loss in case he enters into Her Majesty's Naval Service shall
be void, and every Master or Owner who causes any such Stipu-
lation to be so introduced shall incur a Penal^ not exceeding
Twenty Pounds.

216. Whenever any Seaman, without having previously com- Clothes to be
mitted any Act amounting to and treated by the Master as De- delivered at
aertion, leaves his Ship in order to enter into the Naval Service ^^'
of Her Majesty and is received into such Service, the Master shall
deliver to him his Clothes and Effects on board such Ship, and Wages to be
shall pay the proportionate Amount of his Wages down to the g^®° ^ *^
Time of such Entry, subject to all just Deductions, as follows ; offiw" on
(that is to say,) the Master of the said Ship shall pay the same account of
to the Officer authorized to receive such Seaman into Her Majesty's the Seamen.
Service, either in Money or by Bill drawn upon the Owner and
payable at Sight to the Order of the Accountant General of the
Navy ; and the Receipt of such Officer shall be a Discharge for the
Money or Bill so given ; and such Bill shall be exempt from Stamp
Duty ; and if such Wages are paid in Money, such Money shall be
cref^ted in the Muster Book of the Ship to the Account of the
^aid Seaman ; and if such Wages are paid by Bill, su(;h Bill shall
be noted in the said Muster Book and shall be sent to the said
Accountant Greneral, who shall present the same or cause the
aame to be presented for Payment, and shall credit the Produce
thereof to the Account of the said Seaman ; and such Money or
Produce (as the Case may be) shall not be paid to the said
Seaman until the Time at which he would have been entitled to
receive the same if he had remained in the Service of the Ship
which he had so quitted as aforesaid ; and if any such Bill is not
duly paid when presented, the said Accountant General or the
Seaman on whose Behalf the same is given may sue thereon or
may recover the Wages due by all or any of the Means by which
Wages due to Mcrcliant Seamen are recoverable ; and if upon
any Seaman leaving his Ship in the Manner and for the Purpose
aforesaid, the Master fails to deliver his Clothes and Effects, or
to pay his Wages as herein-before required, he shall, in addition
to his Liability to pay and deliver the same, incur a Penalty not
exceeding Twenty Pounds ; provided that no Officer who receives
any such Bill as aforesaid shall be subject to any Liability in
respect thereof, except for the safe Custody thereof until sent to
the said Accountant General as aforesaid.'

216. If upon any Seaman leaving his Ship for the Purjjose of Repayment
entering the Naval Service of Her Majesty, the Owner or Master to Owner of
of such Ship shows to the Satisfaction of the Admiralty that he has an/^ ^uW
paid or properly rendered himself liable to pay an Advance of earned.
Wages to or on account of such Seaman, and that such Seaman
has not at the Time of quitting his Ship duly earned such Advance
by Service therein, and, in the Case of such Liability as aforesaid
if such Owner or Master actually satisfies the same, it shall be
lawful for the Admiralty to pay to such Owner or Master so much
of such Advance as has not been duly earned, and to deduct the

17 & 18 Vict. L 1 Sum

514

C. 104.

17" & 18" VICTORIiE.

'A.D.1864

Voiunteertng
into the Navy,

If new Seamen
are engaged, the
Owner may
apply for
Repayment
of any extra
Expense he
has been put to.

Application
how to be
decided on,
and Amount
of Bepavment
how to be
ascertained.

Accountant
General to pay
Sums when
ascertained.

Sum so paid from the Wages of the Seaman earned or to be earned
in thQ Naval Service of Her Majesty.

217. If, in conBequcnce of any Seaman so leaving his Ship wiUi-
out the Consent of the Master or Owner thereof, it becomes neces-
sary for the Safety and proper Navigation of the siud Ship to
engage a Substitute or Substitutes, and if the Wages or other
Remuneration pud to such Substitute or Substitutes for subse-
quent Service exceed the Wages or Remuneration which would
have been payable to the said Seaman under his Agreement for
similar Service, the Master or Owner of the said Ship may apply
to the Registrar of the High Court of Admiralty in England for
a Certificate authorizing the Repayment of such Ezeesis; and
such Application shall be in such Form, and shall be accompanied
by such Documents, and by such Statements, wheither on Oath or
otherwise, as the Judge of the said Court from Time to Time
directs.

218. The said Registrar shall, upon receiving aniy such Applica-
tion as aforesaid, give Notice thereof in Writing, and of the Sum
claimed, to the Secretary to the Admiralty, and shall proceed to
exan^ine the said Application, and may cafl upon the Registrar
General of Seatnen to produce any Papers in his Possession re-
lating thereto, and may call for further Evidence ; and if the
whole of the Claim appears to him to be just, he shall give a
.Certificate •accordingly ; but if he considers that sTuch Claim or
%ny Part thereof is not just, he shall give Notice of such his
Opinion in Writing under his Hand to the Person making the
said Application or his Attorney or Agent; and if within Sixteen
Days from the giving of such Notice such Person does not leave
or cause to be left at the Office of the Registrar of the* said Court
a written Notice demanding that the said Application shall be
referred to the Judge of the said Court, then the said Regirtrar
shall finally decide thereon, and certify accordingly ; but if such
Notice is left' as aforesaid, then the said Application shall stand
referred to the said Judge in his Chambers, and his Decision
thereon shall be final, and the said Registrar shall certify the
same accordingly ; and the said Registrar and Judge respectively
shall in every Proceeding under this Act have full Power to admi-
nister Oaths, and to exercise all the ordinary Powers of the Court,
as in any other Proceeding within its Jurisdiction ; and the said
Registrar or Judge (as the Case may be) may, if he thinks fit,
allow for the Costs of any Proceeding under this Act any Sum not
exceeding Five Pounds for each Seaman so quitting his Shipts
aforesaid ; and such Sum shall be added to the Sum allowed, and
shall be cei-tified by the said Registrar accordingly.

219. Every Certificate so given shall be sent by Post or other-
wise to the Person making the Application, his Attorney or Agent,
and a Copy thereof shall be sent to the Accountant General of
the Navy; and such Accountant General shall, upon Delivery to
him of the said original Certificate, together with a Beceipt in
Writing purporting to be a Receipt from the Master or Owner
making the Application, pay to the Person delivering the fame
out of the Monies applicable to the Naval Service of Her Majesty,
and granted by Parliament for the Purpose, the Amount men-
tioned in such Certificate ; and such Certificate and Receipt shall

absoluieJy

A.D.18&4. 17» & 18» VICTORIA. C.104. 615

ftbeolutelj discharge the said Accountant General and Her iMajestj VoUtUeering
from all Liabiiitj in respect of the Monies so paid or of the said "•*^ ^ Navy,
Application.

^0. Every Person who, in making or supporting any such Pexudty for
AppHcfttion as aforesaid to the Registrar of the High Court of forgery and
Admiralty, forges, assists in forging, or procures to be forged, ^^*1?^P'^"
or froudolently alters, assists in fraudulently altering, or procures J^pon^f "*
io be fk^audulcntly altered, any Document, and every Person who such Applica-
in making or supporting any such Application presents or makes tions.
use of any such forged or altered Document, or who in making or
supporting any such Application makes or gives, or assists in
making or giving, or procures to be made or given, any fklse
Evidence or Representation, knowing the same to be false, shall
be deemed guilty of a Misdemeanor.

Provisions^ Healthy and Accommodation. Provinons,

S2L Any Three or more of the Crew of any British Ship may Acc^Mdation,
com^ain to any Officer in c(»nmand of any of Her Majesty^ « — r
8&]p8, or any BriHsh- Consular Officer, or any Shipping Master, r?J|!J!iJ^,^
or any Chief Officer of Customs, that the Provisions or Water ^nd Water <m
ibr the Use' of the Crew are at any Time of bad Quality, unfit Compkant
for Use, or deficient in Qaantity ; and such Officer may thereupon made.
examine the said Provisions or Water, or cause thiem to foe ex-
anaflned ; and if on Examination such Provisions or Water are
found to be of bad Quality and unfit for Use, or to be deficient
in Quantity, the Person making such Examination shall signify
the s^me in Writing to the Master of the Ship ; and if such
Maeter does not thereupon provide other proper Provisions or
Water in lieu of any so signified to be of a bad Quality and unfit
for Use, ' or does not procure the requisite Quantity of any so
signified to be insufficient in Quantity, or uses any Provisions or
Water which have been so signified as aforesaid to be of a bad
QoitHty and unfit for Use, he shall in every such Case incur a
Penalty not exceeding Twenty Pounds ; and upon every such
EzftmiDation us aforesaid the Officers making or directing the
'same shall enter a Statement of the Result of the Examination in
the Official Log, and shall send a Report thereof to the Board of
Trade, and such Report, if produced out of the Custody of such
Board or its Officers, shall be received in Evidence in any legal
Proceeding.

822. If tiie Officer to whom any such Complaint as last afore- Forfeiture
aaid is made certifies in such Statement as aforesaid that there ^^^ frivolous
was no reasonable Ground for such Complaint, each of the Parties Co™P»""^
BO complaining shall be liable to forfeit to the Owner out of his
Wages a Sam not exceeding One Week's Wages.

^^, In the following Cases, (that is to say,) Allowance

(1.) If during a Voyage the Allowance of any of the Provisions for short or

which any Seaman has by his Agreement stipulated for ^^ Trovisions.
is reduced (except in accordance with any Regulations
for Reduction by way of Punishment contained in the
Agreement, and also except for any Time during which
such Seaman wilfully and without sufficient Cause refuses
or neglects to perform his Duty, or is lawfully under
Confinement for Misconduct, either on board or on shore) ;
L 1 2 (2.) If

file

C.104.

17' & 180 VICTORLaE.

A.D.1854.

Provisions^

Healthy and

Accotninodation.

Medicines,
Lime or'
Lemon Juice,
Sugar, and
Vinegiir to be
provided and
kept on board
<rertain Ships.

(2.) If it is shown that anj of such Provisions are or haye
during the Voyage been bad in Quality and unfit for Use ;
The Seamen shall receive by way of Compensation for such
Reduction or bad Quality, according to the Time of its Conti-
nuance, the following Sums, to be paid to him in addition to and
to be recoverable as Wages ; (that is to say,)

(L) If his Allowance is reduced by any Quantity not exceeding
One Third of the Quantity specified in the Agreement,
a Sum not exceeding Fourpence a Day :
(2.) If his Allowance is reduced by more than One Thh*d of

such Quantity, Eightpence a Day :
(3*) In respect of such bad Quality as aforesaid, a Sam not
exceeding One Shilling a Day :
But if it is shown to the Satisfaction of the Court before wbich
the Case is tried that any Provisions the Allowance of which has
been reduced could not be procured or supplied in proper Quan-
tities, and that proper and equivalent Substitutes were supplied in
lieu thereof, the Court shall take such Circumstances into con-
sideration, and shall modify or refuse Compensation as the Justice
of the Case may require.

224. The following Rules shall be observed with respect to
Medicines, Medical Stores, and Antiscorbutics ; (that is to say,)
(1.) The Board of Trade shall from Time to Time issue and
cause to be published a Scale of Medicines and Medical
Stores suitable to Accidents and Diseases arising on Sea
Voyages :
(2.) Tlie Owner of every Ship navigating between the United
Kingdom and any Place out of the same shall provide
and cause to be constantly kept on board such Ship a
Supply of such Medicines and Medical Stores in accord-
ance with the said Scale :
(3.) The Master or Owner of every Foreign-going Ship (except
those bound to European Ports or to Ports in the Medi-
terranean Sea, and also except such Ships or Chisses of
Ships bound to Ports on the Eastern Coast of America
North of the Thirty-fifth Degree of North Latitude and
to any Islands or Places in the Atlantic Ocean North of
the same Limit, as the Board of Trade mayfrom Time
to Time exempt from this Enactment,) shall also provide
and cause to be kept on board such Ship a suffident
Quantity of Lime or Lemon Juice, or of such Articles as
the Board of Trade sanctions as Substitutes for Lime or
Lemon Juice, and also of Sugar and Vinegar:
(4.) The Master of every such Ship as last aforesaid shall serve
out the Lime or Lemon Juice or other such Articles as
aforesaid and Sugar and Vinegar to the Crew, whenever
they have consumed Salt Provisions for Ten Days, and
so long afterwards as such Consumption continues, the
Lime or Lemon Juice and Sugar daily at the Rate of
Half an Ounce each per Day and the Vinegar weekly
at the Rate of Half a Pint per Week, to each Member of
the Crew:
And if in any such Ship as aforesaid such Medicines, Medical
Stores, Lime or Lemon Juice or other Articles, Sugar and Vinegar,

A.D.1854. XT'* & 18^ VICTORIiE. C. 104. 517

aB are herein-before required, are not provided and kept on board Provision^
as herein-before required, the Master or Owner shall incur a ^^th,and
Penalty not exceeding Twenty Pounds ; and if the Master of any ^»«<w»"o<fa<>o*>
snch Ship as aforesaid neglects to serve out the Lime or Lemon
Juice or other Articles, Sugar or Vinegar, in the Case and Manner
herein-before directed, ho shall for each such Oifence incur a
Penalty not exceeding Five Pounds ; and if any Master is con-
victed in either of the last-mentioned Penalties, and it appears that
the Offence is owing to the Act or Default of the Owner, such
Master may recover the Amount of such Penalty and the Costs
incurred by him from the Owner.

226. Every Master shall keep on board proper Weights and Masters to
Measures for the Purpose of determining the Quantities of the ^®*P Weights
several Provisions and Articles served out, and shall allow the J^^i,^!^"'^^*
same to be used at the Time of serving out such Provisions and
Articles in the Presence of a Witness whenever any Dispute
arises about such Quantities, and in default shall for every Offence
incur a Penalty not exceeding Ten Pounds.

226. Any Local Marine Board may, upon being required by the Board of
Board of Trade so to do, appoint and remove a Medical Inspector Trade and
of Ships for the Port, and may £lx. his Remuneration, such Remu- ^^^*^ Boards
neration to be subject to the Control of the Board of Trade ; and ]^^!Lctare"of
at Ports where there are no Local Marine Boards the Board of Medicines,
Trade may appoint and remove such Inspectors, and fix tj^eir who are to
Remuneration ; and it shall be the Duty of such Inspectors to in- see that Ships
spect the Medicines, Medical Stores, Lime or Lemon Juice, or other ^^ ^^^^^^
Articles, Sugar and Vinegar, required to be kept on board any ^^^^
auch Ships as aforesaid ; and such Inspection, if made at Places
where there are Local Marine Boards, shall be made under their
Direction, and abo in any special Cases under the Direction of the
Board of Trade, and if made at Places where there are no Local
l^larine Boards, shall be made under the Direction of the Board of
Trade ; and such Medical Inspectors shall for the Purposes of such
Inspection have the same Powers as the Inspectors appointed by
the Board of Trade under the First Part of this Act ; but every
such Inspector, if required by timely Notice in Writing from the
Master, Owner, or Consignee, shall make his Inspection Three
Days at least before the Ship proceeds to Sea, and if the Result of
the .Inspection is satisfactory shall not again make Inspection
before the Commencement of the Voyage, unless he has Reason to
auspect that some of the Articles inspected have been subsequently
removed, injured, or destroyed ; and whenever any such Medical
Inspector is of opinion that in any Ship hereby required to carry
such Articles as aforesaid the same or any of them are deficient in
Quantity or Quality, or are placed in improper Vessels, he shall
signify the same in Writing to the Chief Officer of Customs of the
Port where snch. Ship is lying, and also to the Master, Owner, or
Consignee thereof, and thereupon the Master of such Ship, before
proceeding to Sea» shall produce to such Chief Officer of Customs
a Certificate under the Hand of such Medical Inspector or of some
other Medical Inspector, to the Effect that such Deficiency has
been supplied or remedied, or that such improper Vessels have
been replaced by proper Vessels, as the Case may require ; and
such Ciuef OflSk^r of Customs shall not grant a Clearance for such

L 1 8 Ship

518

C.104.

17« & IS'VICTOEIJE.

A.D.1854.

Health, and
Actommoda^oiu

Penalty for
selling bad
DroAB for
Ships.

Expense of
Medical
Attendance
and Subsist-
ence in case of
niness, and of
Bnrial in case
of Death, how-
to be defrayed.

Expenses, if
paidl^^
Consul, to be
recoyerable
ftrom Owner.

Ship without the Production of such Certificate^ asd if such Ship
attempts to go to Sea without a Clearance, may detain her until
such Certificate is produced ; and if such Ship proceeds to Seft
without the Production of such Certificate, the Owner, Master, or
Consignee thereof shall incur a Penalty not exceeding Twenty
Pounds.

227. Any Person who sells or supplies any Medicines, Medical
Stores, Lime or Lemon Juice, of bad Quality, for the Use of any
Ship, shall for each such Offence incur a Penalty not exceeding
Twenty Pounds.

228. The following Rules shall be obserred with respect to
Expenses attendant on Illness and Death ; (that is to say,)

(1.) If the Master or any Seaman or Apprentice reeciTes any
Hurt or Injury iu the Service of the Ship to whicdii be
belongs, the Expense of providing the necessary Surgical
and Medical Advice, with Attendance and Medicines^
and of his Subsistence until he is cured» or dies, or is
brought back to some Port in the United Kingdom, if
shipped in the United Kingdom, or if shipped lit some
British Possession to some Port in such Possession, and
of his Conveyance to such Port, and the Exp^ise (if any)
of his Burial, shall be defrayed by the Owner of such
Ship, without any Deduction on that. Account from the
. ^ Wages of such Master, Seaman, or Apprentice :

(2.) If the Master or any Seaman or Apprentice is on acooulit
of any Illness temporarily removed from his Ship for the
. . Purpose of preventing Infection, or otherwbe for the
Convenience of the Ship, and subsequently returns to
his Duty, the Expense of such Removal and of providing
' the necese^ary Advice with Attendance and Medicines
and of his Subsistence whilst away from the Ship^ shall
be defrayed in like Manner :

(3.) The Expense of all Medicines and Surgical or Medical
Advice and Attendance given tD any Master, Seaman,
or Apprentice whilst on Iward his Ship shall be defrayed
in like Manner :

(4.) In all other Cases any reasonable Expenses duly incurred
by the Owner for any Seaman in respect of Illness, and
also any reasonable Expenses duly incuired by the
Owner in respect of the Bnrial of any Seaman or Appren-
tice who dies whilst on Service, shall, if duly proved, be
deducted from the Wages of sudi Seaman or Apprentice.

229. If any such Expenses in respect of the Illness, Injury, or
Hurt of any Seaman or Apprentice, as are to be borne by the
Owner, are paid by any Consular Officer or other Person on
behalf of Her Majesty, or if any other Expenses in resi^ect of the
niness, Iiyury, or Hurt of any Seaman or Apprentice whose Wages
are not accounted for to such Officer under the Provisions herein*
before contained in that Behalf are so paid, such Expenses sha&
be repaid to such Officer or other Person by the Master of the
Ship, and if not so repaid, the Amount thereof^ with Costs^ shall
be a Charge upon the Ship, and be recoverable from the said
Master or from the Owner of the Ship for the Time being as a
Debt due to Her Majesty, and shall be reeoFevablc either hf

ordinary

A.D.1854. 17» & 18» VICTORIiE. C.104. 519

ordinary Process of Law or in the Manner in which Seamen are ProuUiont,
hereby enabled to recover Wages; and in any Proceeding for the ■Beaiih^nd
Recovery thereof the Production of a Certificate of the Facta, ^*cr«»^«"o"-
signed by such Officer or other Person, together with such
Vouchers (if any) as the Case requires, shall be sufficient Proof
that the said Expenses were duly paid by such Consular Officer
or other Person as aforesaid.

230. Every Foreign-going Ship having One hundred Persons Certain Ships ;
<^ upwards on board shall carry on board as Part of her Com* 1^^?
plement some Person duly authorized by Law to practise as Phy* Practitioners.
sician. Surgeon, or Apothecary ; and in default the Owner shall

for every Voyage of any such Ship made without such Medical
Practitioner incur ^ Penalty not e^KCeeding One hundred Pounds :
Provided that nothing herein contained shall in anywise affect any
Provision contained in the ** Passengers Act, 1352," concerning
the Carriage of Medical Practitioners by the Class of Ships therein
named Passenger Ships, nor shall any such Passenger Ship, if not
thereby required to carry a Medical Practitioner, be hereby re-
quired to do so.

231. The following Rules shall be observed .with respect to Place appro-
Accommodation on ^ard; at (this to say,) ^^^ *2>

1. Every Place in any Ship occupied by^Seamen or Apprentices, ^^^certain
and appropriated to their Use, shall have for every such gpac^ fo, ^^yl
Seaman or Apprentice, if they sleep in Hammocks, a Man;
Space of not leas than Nine Superficial Feet, and if they and to be
do not sleep io Hammocks, a Space of not less than prope^ con-
Twelve Superficial Feet, measured on the Deck or Floor "^^^^
of such Place :
(2.) Every such Place shall either be Six Feet in Height from
Deck to Deck, or shall have for every Seaman and Ap-
prentice, if thev sleep in Hammocks, a Space of not
less than Fifty-four Cubic Feet, and if they^do not sleep
in Hammocks, a Space of not less than Seventy-two Cubic
Feet:
(3.) Every such Place shall be kept free from Stores or Goods
of any kind, not being the personal Property of the Crew
in use during the Voyage :
(4.) Every such Place shall be properly caulked, and in all
other respects.securely and properly constructed and well
ventilated :
And if any such Place in any Ship is not in the whole sufficiently
lai^e to give such Space for each Seaman and Apprentice as
h6rein-beu)re required, or is not properly caulked and in all other
respects securely and properly constructed and well ventilated, the
Owner shall for every such Failure to comply with the Provisions
of this Section incur a Penalty not exceeding Twenty Pounds ;
and if any such Space as aforesaid is not kept free from Goods
and Stores as aforesaid, the Master shall for every such Failure
to comply with the Provisions of this Section incur a Penalty not
exceeding Ten Pounds. Power of

Power of making Complaint. {^!^l^

232. If any Seaman or Apprentice whilst on board any Ship ...»
states to the Master that he desires to make Complaint to a Justice Seamen to be

L I 4 of *llo^^ *" '^

620

C. 104.

17* & 18" VICTORI-^

A.D.1854.

ashore to
make Com-
plaint to a
Justice.

Protection of

Seamen fiom

Imposition.

Sale of and
Charge upon
Wages to be
invalid.

As to Recovery
of Debts.

Penalty for
Overcharges by
Lodging-house
Keepers.

Penalty for
detaining Sea
men's Effects.

Persons not to
go on board
before the final
Arrival of Ship
without Per-
mission.

Penalty for
Solicitations by

of the Peace, or Consular Officer, or Naval Officer in command of
any of Her Majesty's Ships, against the Master or any of the
Crew, the said Master shall, if the Ship is then at a Fla^ where
there is a Justice or any such Officer as aforesaid, so soon as the
Service of the Ship will permit, and if the Ship is not then at
such a Place, so soon after her first Arrival at such a Place as
the Service of the Ship will permit, allow such Seaman or Appren-
tice to go ashore or send htm ashore in proper Custody so that
he may be enabled to make such Complaint, and shall, in default^
incur a Penalty not exceeding Ten Pounds.

Protection of Seamen from Imposition,
23d. No Wages due or accruing to any Seaman or Apprentice
shall be subject to Attachment or Arrestment from' any Court;
and every Payment of Wages to a Seaman or Apprentice shall be
valid in Law^ notwithstanding any previous Sale or Assignment
of such Wages, or of any Attachment, Incumbrance, or Arrestment
thereon ; and no Assignment or Sale of such Wages or of Salvage
made prior to the accruing thereof shall bind the Party making
the same; and no Power of Attorney or Authority for the Receipt
of any such Wages or Salvage shall be irrevocable.

234. No Debt exceeding in Amount Five ShiUings, incurred
by any Seaman after he has engaged to serve, shall be recoverable
until the Service agreed for is concluded.

235. If any Person demands or receives from any Seaman or
Apprentice to the Sea Service Payment in respect of his Board or
Lodging in the House of such Person for 'a longer Period than
such Seaman or Apprentice has actually resided or boarded
therein, he shall incur a Penalty not exceeding Ten Pounds.

236. If any Person receives or takes into his Possession or
under his Control, any Monies, Documents, or Effects of any
Seaman or Apprentice to the Sea Service, and does not return
the same or pay the Value thereof when required by such Seaman
or Apprentice, subject to such Deduction as may be justly due to
him from such Seaman or Apprentice in respect of Board or
Lodging or otherwise, or absconds therewith, he shall incur a
Penalty not exceeding Ten Pounds, and any Two Justices may,
besides inflicting such Penalty, by summary Order direct the
Amount or Value of such Monies, Documents, or Effects, subject
to such Deduction as aforesaid, to be forthwith paid to such Sea-
man or Apprentice*

237. Every Person who, not being in Her Majesty's Service,
and not being duly authorized by Law for the Purpose, goes on
board any Ship about to arrive at the Place of her Destination,
before her actual Arrival tn Dock or at the Place of her Discharge,
without the ^^rmission of the Master, shall for every such Offon<^
incur a Penalty not exceeding Twenty Pounds ; and the Master
or Person in charge of such Ship may take any such Person eo
going on board as aforesaid into Oustody, and'deliver him up forth-
with to any Constable or Peace Oflicer, to be by him taken M^
a Justice or Justices or the Sheriff of the County in ScoiwnOt
and to be dealt with according to the Provisions of this Act

238. If, within Twenty-four Hours after the Arrival of «ny
Ship at any Port in the United Kingdom, any Person then being

A.D.1854. 17* & 18* VICTORIA. C. 104. 521

on board such Sliip solicits any Seaman to become a Lodger at Lodging-honse
the House of any Person letting Lodgings for Hire, or takes out KeepeiB.
of such Ship any Effects of any Seaman, except under his personal
Direction and with the Permission of the Master, he shall for
every such Offence incur a Penalty not exceeding Five Pounds.

Discipline. DifcipUne.

289. Any Master of or any Seaman or Apprentice belonging Mlscondiict
to any BriHih Ship who by wilful Breach of Duty, or by Neglect endangering
of Duty, or by reason of Drunkenness, does any Act tending to Ship or Life
the immediate Loss, Destruction, or serious Damage of such Ship, ^ ^^^ • ^^^
or tending immediately to endanger the Life or Limb of any Person ^^™^**^'''
belonging to or on board of such Ship, or who by wilful Breach
of Duty, or by Neglect of Duty, or by reason of Driinkenness,
refuses or omits to do any lawful Act proper and requisite to be done
by him for preserying such Ship from immediate Loss, Destruction,
or serious Damage, or for preserving any Person belonging to or
on board of such Ship from immediate Danger to Life or Limb,
shall for every such Offence be deemed guilty of a Misdemeanor.

240. Any Court having Admiralty Jurisdiction in any of Her Power of Ad*
Majesty's Dominions may, upon Application by the Owner of any miralty Coorti
Ship being within the' Jurisdiction of such Court, or by the Part to remove
Owner or Consignee, or by the Agent of the Owner, or by any Master,
certificated Mate, or by One Third or more of the Crew of such
Ship,. and upon Proof on Oath to the Satisfaction of such Court
that the Removal of the Master of such Ship is necessary, remove
him accordingly ; and may also, with the Consent of the O^ner or
his Agent, or the Consignee of the Ship, or if there is no Owner
or Agent of the Owner or Consignee of the Ship within the Juris*
diction of the Court, then without such Conseitt, appoint a new
Master in his Stead ; and may also make such Order, and may
require such Security in respect of Costs in the Matter, as it
thinks fit.

24L If the Board of Trade or any Local Marine Board has Power to inves-
reason to believe that any Master or Mate is from Incompetency tigate Cases of
or Misconduct unfit to discharge his Duties, the Board of Trade *^®«^ ^J^"
may either institute an Investigation or may direct the Local ^L^c^^act
Marine Board at or nearest to the Place at which it may be con-
venient for the Parties and Witnesses to attend to institute the
same, and thereupon such Persons as the Board of Trade may
appoint for the Purpose, or, as the Case may be, the Local Marine
Board, shall, with the Assistance of a local Stipendiary Magistrate
(if any), and if there is no such Magistrate of a competent legal
Assistant to be appointed by the Board of Trade, conduct the
Investigation, and may summon the Master or Mate to appear, and
shall give him full Opportunity of making a Defence either in
person or otherwise, and shall for the Purpose of such Investiga*
tion have all the Powers given by the First Part of this Act to
Inspectors appointed by the Board of Trade, and may make such
Order with resp^t to tlie Costs of such Investigation as they may
deem just ; and shall on the Conclusion of the Livestigation make
a Report upon the Case to the Board of Trade ; and in Cases where
there is no Local Marine Board before which the Parties and Wit-
nesses can convemently attend, or where such Local Marine Board

is

623

C.104.

17«& 18» VICTORIJB.

A.D.18d4.

Discipline,

Board of Trade
may cancel or
anspend Certifi-
cates in certain
Gases.

Offences of
Seamen and
Apprentices
and their Piin-
iahments.
I/eseition :

is unwilling to institute the Investigation, the Board of Trade maj
direct the same to be instituted before Two Justices or a Stipen-
diary Magistrate ; and thereupon such Investigation shall be con«
ducted, and the Results thereof reported, in the same Manner and
with the same Powers in and with which formal Investigationfl
into Wrecks and Casualties are directed to be conducted, and the
Results thereof reported, under the Provisions contained in the
Eighth Part of this Act, save only that, if the Board of Trade so
directs, the Person bringing the Ch^ge of Incompetency or Mia*
conduct, to the Notice.. of the Bo$vd of Trade shall be deemed to
be the Party having the Cqnduct of the Case.
242. The Board of Trade may suspend or cfuicel the Certificate

i whether of Competency or Service) of any Master .or Mate in the
oUowing Ca^s ; (that is to Sjay,) . .
(1.) S^. upon any Investigation made in pursuance of the last
preceding Section, he is reported to be inoomp^tent, or
to have been guilty of any gross Act of Misconduct,
Drunkenness^ or Tyranny :
(2.) If upon aoj Investigation conducted under the Provisiona
contained in the Eighth Part of this A^ct^ or upon anj
Investigation made by a Naval Court constituted as
herein-after mentioned, it is reported that theLoflsor
Abandonment of or serious Damage to any Ship or Loss
,of Life has been caused by his wrongful Act or Default:
(8.) If he is superseded by the Order of any Admiralty Court
or of any Naval Court constituted aa herein-after men-
tioned:
If he is shown to have been convicted of ai\y Offence :
If r upon any Investigation made by any Court or Tribunal
authorized or hereafter to be authorized by the Legisla-
tive Authority in any British Possession to make Inquiry
. into Charges of Incompetency or Misconduct on the Part
of Masters or Mates of Ships, or as to Shipwrecks or
other Casualties affecting Ships^ a Report is nu&de bj
such Court or Tribunal to the Effect th^t he has been
guilty^ of any gross Act of Misconduct^ Drunkennes^ or
Tyranny, or tlmt the Loss or Abandonment of or serious
Damage to any Ship or Loss of Life has been caused bj
lus wrongful Act or Default, and such Report is con-
firmed by the Governor or Person adminii^tering the
Government of such Possession :
And every Master or Mate whose Certificate is cancelled or sus-
pended shall deliver it to the Board of Trade or as it directsi, and
in default shall for each Offence incur a Penalty not exceeding
Fifty Pounds; and the Board of Trade may at any subsequent
Time grant to any Person whose Certificate has b^ canosUed
a new Certificate of the same or of any lower Grade*

248. Whenever any Seaman who has been lawfully engaged ^^

any Apprentice to the Sea Service commits any of the following

Offences he shall be liable to be punished summarily as follows;

(that is to say,)

(1.) For Desertion he shall be liable to Imprisonment for soy

Period not exceeding Twelve Weeks, with or without

Hard Labour, anil also to forfeit all or any Fart of the

^ Clothes

(4.)
• (5.)

A.D.1854. 17* & 18* VICTORIJB. C. 104. 583

Clothes and Effects he leaves on hoard, and all or any Discipline,

Part of the Wages or Emoluments which be has then

earned, and also, if such Desertion takes place abroad,
at the Discretion of the Court, to forfeit all or anj Part
of the Wages or Emoluments he may earn in any other
Ship in which he may be employed until his next Return
to the United Kingdom, and to satisfy any Excess of ..
Wages paid by the Master or Owner of the Ship from
which he deserts to any Substitute engaged in his Place -
at a higher Bato of Wages than the Rate stipulated to
be paid to him : .

(2.) For neglecting or refusing, without reasonaUe Cause, to Neglecting or
join his Ship, or to proceed to Sea in his Ship, or for reftwingtojoin,
Absence without Leaw at any Time within Twenty- ^^be^***
fonr Hours of tiie Ship's sailing fr6m any jfort either wiAin24Houi»
at the Commencement or during the Progress of any before sailing, .
Voyage, or for Abstoce 9A any Time without Leave and afnd Abeenoe
without aufiicient Reason from his Shipor from his Duty ^^o^t ^vni
not amounting. to Desertion or not treated as sbch by
the Master, he. shall be liable to Imprisonment jfpr any
Period not exceeding Ten Weeks, With or without Hard
Labour, and also^ at the Disc^tion of the Court, to forfeit
out of his Wages a Sum not exceeding the An^ount of
Two Days Pay, and in addition for every Twenty-four
Hours of Absence either a Sum not exceeding Six Days
Pay, or any Expenses which have been properly incurr^ *
in hiring a Substitute :

(3.) For quitting the Skip without Leave after her Arrival at Quitting with-
hor Port of Delivery and before she is placed in ^Security, ?^ ^^^^. .
he shaU be liaWe to forfeit out of his Wages a Sum not ^^. ^ "*
exceeding One Month's Pay :

(4^) For wilful Disobedience, to any lawful Command he shall Act of Dia- ^
be liable to Imprisonment for any Period not exceeding obedlenee : - ;
Four Weeks, with or without Ha^ Labour^ and also^ at
the Discretion of the Court, to foifeit out of his Wages
a Sum not exceeding Two Days Pay :

(5.) For continued wilful Disobedience to lawful Commands, or Continued *
eontinued wilful Neglect of Duty, he shall be liable to D>«>l>edienoe:
Imprisonment for any Period not exceeding Twelve
Weeks, with or without Hard Labour, and also, at th^
Discretion of the Courts to forfeit for every Twenty-
four Hours Continuance of such Disobedience or Neglect
either a Sum not .exceeding Six Days Pay, or any Ex-
penses which have been properly incurred in hiring a
Substitute:

(6.) For assaulting any Master or Mate he shall be liable to Asaault on
Lnprisoimient for any Period not exceeding Twdve Officers:
Weeks, with or witiiout Hard Labour:

^7.) For combining with any other cnt others of the- Crew to Combining to
^disobey lawM Commands, or to neglect Duty, or to disobey:
impede the Navigation of ibA Ship or &e Progress of the
Voyage^ he shall be Habk to Imprisonment for any Period
not exceeding Twelve Weeks^ with or without Hard
Labour:

(8.) For

524 a 104. 17« & 18« VICTORIA A.D.1854.

Wilful Damage (8.) For wilfully damaging the Ship, or embezzling or wilfully
and Embezzle- damaging any of her Stores or Cargo, he shall be liable

ment: to forfeit out of his Wages a Sum equal in Amount to

the Loss thereby sustained, and also, at the Discretion
of the Court, to Imprisonment for any Period not ex-
ceeding Twelve Weeks, with or without Hard Labour :
Act of Smugw (9.) For any Act of Smuggling of which he is convicted, and
glingcausiDg whereby Loss or Damage is occasioned to the Master or

I/)S8 to Owner. Owner, he shall be liable to pay to such Master or

Owner such a Sum as is sufficient to reimburse the
Master or Owner for such Loss or Damage; and the
whole or a proportionate Part of his Wages may be re-
tained in satisfaction or on account of such Liability,
without Prejudice to any further Remedy.
Entry of 244. Upon the Commission of any of the Offences enumerated

Offences to be in the last preceding Section an Entry thereof shall be made in
made in official the official Log Book, and shall be signed by the Master and also

iSd ^er OT a ^7 *^® ^**^ ^^ ^® ®' *^® ^^^ » *^^ ^^® Offender, if stiU in the
Copy given to ^^hip, shall before the next subsequent Arrival of the Ship at any
the Offender, Port, or if she is at the Time in Port, before her Departure
and his Ueply, therefrom, either be furnished with a Copy of such Entry or have
if any, to he ^|jg ^fkine read over distinctly and audibly to him, and may there-
a 80 entere . ^^^^ make such Reply thereto as he thinks fit ; and a Statement
that a Copy of the said Entry has been so furnished, or that the
same has been so read over as aforesaid, and the Reply (if any)
made by the Offender, shall likewise be entered and signed in
manner aforesaid; and in any subsequent legal Proceeding the
Entries herein-before required shall, if practicable, be produced
or proved, and in default of such Pn>duction or Proof the Court
hearing the Case may, at its Discretion, refuse to receive Evidence
of the Offence.
Seamen, &c. 246. Every seafaring Person whom the Master of any Ship is,

to be subject to under the Authority of this Act or of any other Act of Parlla-
Penalties for ment compelled to take on board and convey, and every Person
di^e. ^ *" ^^^ S°^ ^^ ^* ^° *"7 ^^^P without the Consent of the Master
or Owner or other Person entitled to give such Consent, shall,
so long as he remains in such Ship, be subject to the same Laws
and Regulations for preserving Discipline, and to the same Pen-
alties and Punishments for Offences constituting or tending to a
Breach of Discipline, to which he would be subject if he were
a Member of the Crew and had signed the Agreement
Master or 246. Whenever, either at the Commencement or during the

0^«r ™*y *P" Progress of any Voyage, any Seaman or Apprentice neglects or
^hend Deser- y^fyg^g iq jqJji q^ deserts from or refuses to proceed to Smi in any
Warrant. ^^^P ^^ which he is duly engaged to serve, or is found otherwise

absenting himself therefrom without Leave, the Master, or any
Mate, or the Owner, Ship's Husband, or Consignee, may, in any
Place in Her Majesty's Dominions, with or without the Assistance
of the local Police Officers or Constables, who are hereby directed
to give the same, if required, and also at any Place out of Her
M^esty's Dominions, if and so far as the Laws in force at such
Place will permit, apprehend him without first procuring a War-
rant ; and may thereupon in any Case, and shall in case be so
requires and it is practicable, convey him before some Court

capable

A.D.1854. 17» & 18^ VICTOEI-^ C. 104. 625

capable of taking c(^Qizance of the Matter, to be dealt with Discipiine,

according to Law ; and maj, for the Purpose of conTeying him

before such Court, detain him in Custody for a Period not exceeding
Twenty-four Hours or such shorter Time as may be necessary,
or may, if he does not so require, or if there is no such Court at
or near the Place, at once convey him on board ; and if any such
Apprehension appears to the Court before which the Case is
brought to have been made on improper or on insufficient Grounds,
the Master, Mate, Owner, Ship's Husband, or Consignee who makes
the same or causes the same to be made shall incur a Penalty
not exceeding Twenty Pounds ; but such Penalty, if inflicted,
shall be a Bar to any Action for false Imprisonment in respect of
such Apprehension.

247. Whenever any Seaman or Apprentice is brought before Deserters may
any Court on the Ground of his having neglected or refused to 1« sent on board
join or to proceed to Sea in any Ship in which he is engaged "Jjjj^n ^"^
to serve, or of having deserted or otherwise absented himself
therefrom without Leave, such Court may, if the Master or the

Owner or his Agent so requires, instead of committing the Offen-
der to Prison, cause him to be conveyed on board for the Purpose
of proceeding on the Voyage, or 'deliver him to the Master or any
Mate of the Ship, or the Owner or his Agent, to be by them so
conveyed, and may in such Case order any Costs and Expenses
properly incurred by or on behalf of the Master or Owner by
reason of the Offence to be paid by the Offender, and, if necessary
to be deducted from any Wages which he has then earned, or which
by virtue of his then existing Engagement he may afterwards earn, tSeamen impri-

248. If any Seaman or Apprentice is imprisoned on the Ground ^^ ^P^

of his having neglected or refused to join or to proceed to Sea in sreaS^of ^i».
any Ship in which he is engaged to serve, or of having deserted cipline may be
or otherwise absented himself therefrom without Leave, or of his sent on booid
having committed any other Breach of Discipline, and if during before Termi-
snch Imprisonment and before his Engagement is at an end his ^^^ ^^
Services are required on board his Ship, any Justice may, at the °^

Reqnest of the Master or of the Owner or his Agent, cause such
Seaman or Apprentice to be conveyed on board his said Ship
for the Purpose of proceeding on the Voyage, or to be delivered
to the Master or any Mate of the Ship or to the Owner or his
Agent, to be by thepi so conveyed, notwithstanding that the Ter-
mination of the Period for which he was sentenced to Imprison-
ment has not arrived.

249. In all Cases of Desertion from any Ship in any Place Bntiies and
abroad the Master shall produce the Entry of such Desertion in Certificates
the official Log Book to the Person or Persons hereby required abi«S*to*S
to indorse on the Agreement a Certificate of such Desertion ; and copied, Mnt
fluch Person or Persons shall thereupon make and certify a Copy home, and ad-
of sttch Entry and also a Copy of the said Certificate of De- mitted in
sertion ; and if such Person is a public Functionary he shall, and Eridence.

in other Cases the said Master shall forthwith transndt such Copies
to the Registrar General of Seamen in England; and the said
Registrar shall, if required, cause the same to be produced in any
legal Proceeding ; and such Copies, if purporting to be so made
and certified as* aforesaid, and certified to have come from the
Custody of the said Registrar, shall in any legal Proceeding relating

to

526 C. 104. ir* & 18^ VICTORIiE. A.D.1854.

DucipUM. to such Dcsertioh be received as Evidence of the Entries tbereiii

"" — appearing.

Facilities for ^60. Whenever a Question arises whether the Wages of any

proving Deser* Seaman or Appi-entice are forfeited for Desertion, it shall be

tion, so &r as sufficient for the Party insisting on the Forfeiture to show that

ocmoems For- gy^»jj Seaman or Apprentice was dnly engaged in or that he be*

WwS. longed to the Ship from which he is alleged to= have deserted,

^^ and that he quitted such Ship before the Completion of the Voyage

or Engagement, or if such Voyage was to termfnatein the United

Kingdom and the Ship has not returned, that he is absent from

her, and that fth Entry of the Desertion has been duly made in

the officikl Log Book ; and thereupon the Desertion shall, so hr

as relates to any Forfeiture of Wages or Emoluments under the

Provisions herein-before contained, be deemed to be proved, unless

. ihe Seaman or Apprentice can produce a proper Certificate of

Discharge, or can otherwise show to the Satisfaction of the Court

that he had sufficient Reasons fbr leaving his Ship.

Costsof i>n>car- 261. Whenever in any Proceeding relating to Seamen's Wages

ing Lnprison- it is shown that any Seaman or Apprentice has in the course

S^K^^t^^f of the Voyage been convicted of any Offence by any competent

3t^be deducted Tribunal and rightfully punished therefor by Imprisonment or

fhnn Wages. otherwise, the Court hearing the Case may direct a Part of the

Wages due to such Seaman, not exceeding Three Pounds, to be

applied in reimbursing any Costs properly incurred by the Master

in procuring such Conviction and Punishment.

Avoantof Foj^ 262. Whenever any Seaman contracts for Wages by the Voyage

feiture how to or by the Run or by the Share, and not by the Month or other

^^^•*^^f*JJ*^ stated Period of Time, the Amount of Forfeiture to be incurred

oomUBot for the ^^^^^ ^^^^ -^^^ ^hvlX be taken to be an Amount bearing the same

Voyage. Proportion to the whole Wages or Share as a Calendar Mouth or

, other the Period herein-before mentioned in fixing the Amount

of such Forfeiture (as the Caae may be) bears to the whole Time

spent in the Voyage ; and if the whole Time spent in the Voyage

does not exceed the Period for which the Pay is to be forfeited,

the Forfeiture shall extend to the whole Wages or Share.

Application of 268. All Clothes, Effiacts, Wages, and £molument4B which under
Forfeitures. the Provisions herein-before contained are forfeited for Desertion
shall be applied in the first instance in or towards the Reimbime-
ment of the Expenses occasioned by such Desertion to the Master
or Owner of the Ship from which the Desertion has taken plaoB;
and may, if earned subsequently to the Desertion, be rc<j6vared
by such Master, or by the Owner or his Agent, in the same Manner
as the Deserter might have recovered the same if they had not
been forfeited ; and in any legal IVoceeding relating to soch
Wages the Court may order the same to be paid accordingly ; and
subject to such Reimbursement the same shall be paid into the
Receipt of Her Majesty's Exchequer in such Manner as the Trea-
sury may direct, and shall be tarried to and form Part of the
Consolidated Fund of the United Kingdom ; and in all other Cases
of Forfeiture of Wages under the Provisions herein-before contained
the Forfeiture shall, in the Absence of any specific Directions to the
contrary, be for the Benefit of the Master or Owner by whom the
Wages are payable.

264. Any

A.D. 1854. 1 7 ^ & 18« VICTORIiE. C. 104. ^27

264. Anj Question concerning the Forfeiture of or Deductions Qaestioii»of >
from the Wages of any Seaman or Apprentice may be determined IV)rfeit«re8inay
in any Proceeding lawfully instituted with respect to such Wages, g i^^w"*
notwithstanding that the Offence in respect of which such Qucsticm ^ ^^ ^^
arises, though hereby made punishable by Imprisonment as well
as Forfeiture, has not been made the Subject of any Criminal
Proceeding.

259. If any Seaman on or before being engaged wilfully and Penalty for
fraudulently makes a false Statement of the Name of his last Ship ftl«e StatMjent
or last aUeged ^p, or wilfully and fraudulently makes a false "^ml
Statement of his own Name, he shall incur a Penalty not exceed-
ing Five Pounds ; and such Penalty may be deducted from any

Wages he may earn by virtue of such Engagement as aforesaid,
and shall, subject to Reimbursement of the Loss and Expenses (if
any) oocasionedby any previous Desertion, be paid and applied in
the same Mantaer as other Penalties payable under this Act.

260. Whenever atiy Seaman commit:} an Act of Misconduct for Fines to be de*
which his Agreement imposes a Fine, and which it is intended to ducted from
punish by enforcing such Fine, an Entry thereof shall be made in WMes,aiidpaid
the Official Log Book, and a Copy of such Entry shall be furnished JJ^Jf ^ ^
or the same shall be read over to the Offender, and an Entry of

tsuch reading over, and of the Reply (if any) made by the Offender,
shall be made, in the Manner and subject to the Conditions herein-
before specified with respect to the Offences against Discipline
specified in and punishable under this Act ; and such Fine shall
be deducted and paid over as follows ; (that is to say,) if the
Offender is discharged in the United Kingdom, and the Ofience
and such Entries in respect thereof as aforesaid are proved, in the
Case of a Foreign-going Ship to the Satisfaction of the Shipping
Master before whom the Offender is discharged^ and In the Case
of a Home Trade Ship to the Satisfaction of the Shipping Master
at or nearest to the Place at which the Crew is discharged, the
Master or Owner shall deduct such Fine from the Wages of the
Offender, and pay the same over to such Shipping Master ; and
if before the finri Discharge of the Crew in the United Kingdom
any such Offender as aforesaid^ enters into any of Her Majesty's
Ships, or is discharged abroad, and the Offence and such Entries
as aforesaid are proved to the Satisfaction of the Officer in com-
mand of the Ship into which he so enters, or of the Consular
Officer, Officer of Customs, or other Person by whose Sanction he
is BO discharged, the Fine shall thereupon be deducted as aforesaid,
and an Entry of such Deduction shall then be made in the Official
Log Book ^if any) and signed by such Officer or other Person ;
and on the Return of the Ship to the United Kingdom the Master
or Owner shall pay over such Fine, in the Case of Foreign-going
Ships, to the Shipping Master before whom the Crew is discharged,
and in the Case of Home TVade Ships to the Shipping Master at
or nearest to the Place at which the Crew is discharged ; and if
any Master or Owner neglects or refuses to pay over any such
Fine in manner aforesaid, he shall for each such Offence incur a
Penalty not exceeding Six Times the Amount of the Fine retained
by him ; Provided that no Act of Misconduct for which any such
Fine as aforesaid has been inflicted and paid shall be otherwise
punished under the Provisions of this Act.

267. Every

5S8

C. 104.

17»&18'» VlCTORIiE.

A.D.1854.

Penalty for
enticing to
desert, and har*
1>oaring Deser-

Penalty for ob-
taining Passage
sorreptitiouslj.

On Change of
Masters, Docu-
ments hereby
required to be
handed oyer to
Successor.

Naval Courts,

Naval Courts
may be sum-
moned for hear-
ing Complaints,
and investigat-
ing Wrecks on
the High Seas
or abnMd.

Constitution of
such Courts.

257. Every Peraon who by any Means whatever persuades or
attempts to persuade any Seaman or Apprentice to neglect or
refuse to join or to proceed to Sea in or to desert from his Ship,
or otherwise to absent himself from his Duty, shall for each such
Offence in respect of each such Seaman or Apprentice incur a
Penalty not exceeding Ten Pounds ; and every Person who wil-
fully harbours or secretes any Seaman or Apprentice who has
deserted from his Ship, or who has wilfully neglected or refused
to join or has deserted from his Ship, knowing or having Reason
to believe such Seaman or Apprentice to have so done, shall for
every such Seaman or Apprentice so harboured or secreted incur
a Penalty not exceeding Twenty Pounds.

268. Any Person who secretes himself and goes to Sea in any
Ship without the Consent of either the Owner, Consignee, or
Master, or of a Mate, or of any Person in charge of such S^iip,
or of any other Person entitled to give such Consent, shall incur
a Penalty not exceeding Twenty Pounds, or be liable to Imprison-
ment with or without Hard Labour for any Period not exceeding
Four Weeks.

259. If during the Progress of a Voyage the Master is super-
seded or for any other Reason quits the Ship and is succeeded in
the Command by some other Person, he shall deliver to his Suc-
cessor the various Documents relating to the Navigation of the
Ship and to the Crew thereof which are in his Custody, and shall
in default incur a Penalty not exceeding One hundred Pounds ;
'and such Successor shall immediately on assuming the Command
of the Ship enter in the Official Log a List of the Documents so
to delivered to him.

Naval Courts on the High Seas and abroad,

260. Any Officer in command of any Ship of Her Majesty on
any Foreign Station, or, in the Absence of such Officer, any Con-
sular Officer, may summon a Court, to be termed a ** Naval
Court," in the following Cases ; (that is to say,)

(1.) Whenever a Complaint which appears to such Officer to
require immediate Investigation is made to him by the
Master of any British Ship, or by any certificated Mate,
or by One or more of the Seamen belonging to any such
Ship :

(2.) Whenever the Interest of the Owner of any British Ship
or of the Cargo of any such Ship appears to such Officer
to require it :

(3.) Whenever any British Ship is wrecked or abandoned or
otherwise lost at or near the Place where such Officer
may be, or whenever the Crew or Part of the Crew of
any British Ship which has been wrecked, abandoned,
or lost abroad, arrives at such Place.

261. Every such Naval Court as aforesaid shall consist of not
more than Five and not less than Three Members, of whom, if
possible, One 'shall be an Officer in the Naval Service of Her
Majesty not below the Rank of Lieutenant, One a Consular Officer,
and One a Master of a British Merchant Ship, and the rest shall
be either Officers in the Naval Service of Her Majesty, Masters
of British Merchant Ships, or British Merchants ; and such Court

may

A.D.1854. 17» & 18« VICTORIA. C. 104.

may include tlio Naval or Consular Officer summoning the same, Naval Courts.

but shall not include the Master or Consignee of the Ship to which ,

the Parties compkining or complained against may belong ; and
the Naval or Consular Officer in such Court, if there is only One
such Officer in the Court, or, if there is more than One, the Naval
or Consular Officer who, according to any Regulations for settling
their respective Ranks for the Time being in force, is of the
highest Rank, shall be the President of such Court,

263. Every such Naval Court shall hear and investigate the General Fnnc-
Complaint brought before it, or the Cause of the Wreck or *'®"f ^?^ ^9^^
Abandonment, (as the Case may be,) and may for that Purpose gich Coi^
summon and compel the Attendance of Parties and Witnesses, and
administer Oaths, and order the Production of Documents, and
shall conduct the Investigation in such Manner as to give any
Person against whom any Charge is made an Opportunity of
making a Defence.

263. Every such Naval Court may, after hearing the Case, Powers of such
exercise the following Powers ; (that is to say,) Courts:

(1.) It may, if unanimous that the Safety of the Ship or Crew, To supersede
or the Interest of the Owner, absolutely requires it, the Master;
supersede the Master, and may appoint another Person
to act in his Stead ; but no such Appointment shall be
made without the Consent of the Consignee of the Ship,
if then at the Place : T d* bar

(2.) It may discharge any Seaman from his Ship : . s«tmm- ^^ *

(3.) It may order the Wages of any Seaman sb discharged *

or any Part of such Wages to be forfeited, and may ^^^^^
direct the same either to be retained by way of Com- ^^'
pensation to the Owner, or to be paid into' the Receipt
of Her Majesty's Exchequer in the same Manner as
other Penalties and Forfeitures under this Act :

(4.) It may decide any Questions as to Wages, or Fines, or To decide Dis-
Forfeitures, arising between any of the JParties to the pntes as to
Proceedings : Wages, &c.:

(o.) It may direct that all or any of the Costs incurred by the To direct Costs
Master or Owner of any Ship in procuring the Imprison- of Imprison-
ment of any Seaman or Apprentice in a Foreign Port, >n«nt tobe paid
. or in his Maintenance whilst so imprisoned, shall be paid ®'** ^^ Wages:
out of and deducted from the Wages of such Seaman or
Apprentice, whether then or subsequently earned :

(6.) It may exercise the same Powers with regard to Persons To send home
charged before it with the Commission of Offences at Sea Offenders for
or abroad as are by this Act given to British Consular I'nal:
Officers :

(7.) It may order the Costs of the Proceeding before it (if any ), To order Pay-
or any Portion thereof, to be paid by any of the Parties m«ot of Costs^
thereto, and may order any Person making a frivolous ^-
or vexatious Complaint to pay Compensation for any
Loss or Delay caused thereby ; and any Cost or Com-
pensation so ordered shall be paid by such Person ac-
cordingly, and may be recovered in the same Manner in
which the Wages of Seamen are recoverable, or may, if
the Case admits, be deducted from his Wages :

17 & 18 Vict. M m And

530

C.104.

17'' & 18*> VICTORIA

A.D.1854.

Naval Comrii.

Orders to be
entered in
Official Log.

Report to be
made of Fro-
ceedingsof.
Naval Courta.

Penalty for
prerenthig
ComplaSnt or
obatmetisff
InTestigation.

Crimes caWm
mitttd abrcad

Offences com-
mitted W
British Seamen
at Foreip Ports
to be wKbin
Admiralty Ju-
risdiction.

Conyeyance of
Offenders and
Witnesses to
United King-
dom or some
British Posses-
sion.

And all Orders duly made by any sncb Court under the Powers
hereby given to it shall in any subsequent legal Proceedings be
deemed conclusive as to the Rights of the Parties.

264. All Orders made by any such Naval Court shall, when-
ever practicable, be entered in the Official Log Book of the Ship
to which the Parties to the Proceedings before it belong, and
shall be signed by the President of the Court.

205. Every such Naval Court shall make a Report to the
Board of Trade, containing the following Particulars ; (that is
to say^)
(1,^..A Statement of the Proceedings, with the Order made

by the Court, and a Report of the Evidence :
(2.) An Account of the Wages of any Sepiman or Apprentice

who ia discharged from his Ship by such Court :
^(3.) If summone4 in order to inquire into. 9, Case of Wreck
or Abandonment, a Statement of th<^ Opinion of the
Coiirt as to the Cause of such Wreck or Abandonment,
with such Remarks on the Conduct of the Master and
Crew as the Circumstances require :
And every such Report shall be signed by the President of the
Court ; and every Document purporting to be such a Report and
to be so signed as aforesaid shall, if produced out of the Custody
of some Officer of the Board of Trade, be deemed to be sadi
Rdport, unless ths contrary is proved, and shall be received in
Evidence, subject to all just Exceptions.

266*. Any Pcsrson who wilfully and without due Cause pre-
vents or obstructs the making of any such Complaint as last afore-
said, or the Conduct of any Case or Investigation by any Naval
Court, shall for each such Offence incur a Penalty hot exceeding
Kfty Pounds, or be liable to Imprisonment with or without Hard
Labour for any Period not exceeding Twelve Weeks.

Crimes eommitied an ike High Seas and abroad.

207. All Ofiences against Property or Person committed in or
at any Place either ashore or afloat out of Her Majesty's Do*
minions by any Master, Seaman, or Apprentice who at the Time
when the Offence is committed is or within Three Months pre-
viously has been employed in any British Ship shall be deemed
to be Offences of the same Nature respectively, and be liable to
the same Punishments respectively, and be inquired of, heard,
tried, determined, and adjudged in the same Manner and by the
same Courts and in the same Places as if such Offences had been
committed within the Jurisdiction of the Admiralty o{ England:
and the Costs and Expenses of the Prosecution of any such Of-
fence may be directed to be paid as in the Case of Costs and
Expenses of Prosecutions for Offences committed within the
Jurisdiction of the Admiralty of England,

268. The following Rules shall be observed with respect to
Offences committed on the High Seas or abroad ; (that is to say,)
(1.) Whenever any Complaint is made to any British Consular
Officer of any of the Offences mentioned in the last pre-
ceding Section, or of any Offence on the High Seas
having been committed by any Master, Seaman, or Ap-
prentice belonging to any British Ship, such Consular

Officer

A.D.1854. 17*» & 18^ VICTORIES. C. 104. 531

Officer ma J inquiro into the Case upon Oath, and maj Crimes com-
if the Case so reqtrires take any Steps in his Power for mined abroad.
the Purpose of placing the Offender under necessary ""^

Restraint and of sending him as soon as practicable in
safe Custody to the United Kingdom, or to any BrUish
Possession in which tliere is a Court capable of taking
cognizance of the Offence, in any Ship belonging to Her
Majesty or to any of Her Subjects, to be there proceeded
against according to Law :
(2.) For the Purpose aforesaid such Consular Officer may order
the Master of any Ship belonging to any Subject of Her
Majesty bound to the United Kingdom or to such British
Possession as aforesaid to receiye and afford a Passage
and Subsistence during the Voyage to any such Offender
as aforesaid, and to the Witnesses, so that, such Master
be ii6t required to receive more than One Offender for
erery One hundred Tons of his Ship^s registered Ton-
nage, or inore than One Witness for every Fifty Tons of
such Tonnage ; and such Consular Officer shall indorse
upon the Agreement of the Ship such Particulars with
respect to any Offenders or Witnesses sent in her as the
Board of Trade requires :
(S.) Bvery such Master shall on his Ship's Arrival ixi the
United Kingdom, or in such BriUsh Possession as afore-
said, give every Offender so committed to his Charffe
into the Custody of some Police Officer or Constabk,
who shall take the Offender before a Justice of the Peace
or other Magistrate by Law empowered to deal with the
Matter, and such Justice or Magistrate shall deal with
the Matter as in Cases of Offences committed upon the
High Seas:
And any such Master as aforesaid who, when required by any
Briikh Consular Officer to receive and afford a Passage and Sub-
sitftenoe to any Offisnder or Witness, does not receive him and
alford such Passage and Subsistence to him, or who does not'
deliver any Offender committed to his Charge into the Custody of
sMne Police Officer or Constable as herein-before directed, shall
for each such Offence incur a Penalty not exceeding Fifty Pounds ;
and the Expense of imprisoning any such Offender and of coti-
▼eying*hlm and the Witnesses to the United Kingdom or to such
jSK^£ft4 Possession as aforesaid in any Manner other than in the
Ship to which they respectively belong, shall be Part of the Costs
of the Prosecution, or be paid as Costs incurred on account of
seafkring Subjects of Her Majesty left in Distress in Foreign Parts.

269. Whenever any Case of Death happens on board any Xnqairyinto
Foreign-going Ship, the Shipping Master shall on the Arrival of Cause of Death
such Ship at the Port where the Crew is discharged inquire into ^^ ^»w^
the Cause of such Death, and shall make on the List of the Crew
dtslivered to him as herein required an Indorsement to the Effect
either that the Statement of the Cause of Death therein contained
is in his Opinion true or otherwise, as the Result of the Inquiry
requires ; and every such Shipping Master shall for the Purpose
of such Inquiry have the Powers hereby given to Inspectors ap-
pointed by the Board of Trade under the First Part of this Act ;

M m 2 and

532

C.104.

17" St 18» VICTORUE.

A-D.1854.

Crimes com*
mitted abroad.

DeposidoDS to
be reoeiyed in
Evidence when
Witness cannot
be produced.

liegistratUm

ana Hetums

regpecHng

Seamen,

Establishment

of
Office.

and if in the course of such Inquiry it appears to him that anj
such Death as aforesaid has been caused by Violence or other
improper Means, he shall either report the Matter to the Board
of Trade, or, if the Emergency of the Case so requires, shall take
immediate Steps for bringing the Offender or Offenders to Justice.

270. Whenever in the course of any legal Proceedings insti-
tuted in any Fart of Her Majesty's Dominions before any Judge
or Magistrate, or before any Person authorized b^ Law or by
Consent of Parties to receive Evidence, the Testimony of any
Witness is required in relation to the Subject Matter of such
Proceeding, then upon due Proof, if such Proceeding is instituted
in the United Kingdom, that such Witness cannot be found in
that Kingdom, or if in any British Possession, that he cannot be
found in the same Possession, any Deposition that such Witness
may have previously made on Oath in relation to the same Sub-
ject Matter before any Justice or Magistrate in Her Majesty's
Dominions, or any British Consular Officer elsewhere, shall be
admissible in Evidence subject to the following Bestrictions ; (that
is to say,)

(1.) If such Deposition was made in the United Ejugdom, it

shall not be admissible in any Proceeding instituted in

the United Kingdom :
(2.) If such a Deposition was made in any British Posfleaaiony

it shall not be admissible in any Proceeding instituted

in the same British Possession :
(3.) If the Proceeding is Criminal it shall not be admissible

unless ic was made in the Presence of the Person

accused:
Every Deposition so made as aforesaid shall be authenticated by
the Signature of the Judge, Magistrate, or Consular Officer, before
whom the same is made ; and such Judge, Magistrate, or Con-
sular Officer shall, when the same is taken in a Criminal Matter,
certify, if the Fact is so, and that the accused was present at the
taking thereof, but it shall not be necessary in any Case to prove
the Signature or official Character of the Person appearing to have
signed any such Deposition ; and in any Criminal Proceeding such
Certificate as aforesaid shall, unless the contrary is proved, be
sufficient Evidence of the accused having been present in manner
thereby certified ; but nothing herein contained shall affect any
Case in which Depositions taken in any Proceeding are rendered
admissible in Evidence by any Act of Parliament, or by any Act
or Ordinance of the Legislature of any Colonv, so far as regards
such Colony, or to interfere with the Power of any Colonial L^is-
lature to make such Depositions admissible in Evidence, or to
interfere with the Practice of any Court in which Depositions not
authenticated as herein-before mentioned are admissible.

Registration of and Returns respecting Seamen,

271. There shall be in the Port of London an Office, to be
called the ** General Register and Record Office of Seamen," and
the Board of Trade shall have Control over the same, and may
appoint and from Time to Time remove a Registrar General, and
such Assistants, Clerks, and Servants as may be necessary, and
may from Time to Time, with the Consent of the Treasury, re-
gulate

A.D.1854. V 8cl8^ VICTORIiE. C. 104. 533

gulate their Salaries and Allowances ; and such Salaries and J^egi^rathn
Allowances, and all other necessary Expenses, shall be paid by '*"*' Returns
the Treasury out of any Monies to be granted by Parliament for ^^^enf

that Purpose ; and the Board of Trade may direct the Business *

of the Register Office at any of the Outports to be transacted at
the Shipping Office, or with the Consent of the Commissioners of
Customs, at the Custom House of the Port, and may appoint the
Shipping Master, or, with such Consent as aforesaid, some Officer
of Customs, to conduct the same ; and such Business shall there-
upon be conducted accordingly, but shall in all Cases* be subject
to the immediate Control of the Board of Trade.

272. The SJud Registrar General of Seamen shall by means of Register of Sca-
the Agreements, Lists, and other Papers to be transmitted to him ™®*' ^ ^ ^^P^
as herein directed, or by such other Means as are in his Power,

keep a Register of all Persons who serve in Ships subject to the
ProYisions of this Act.

273. Every Master of every Foreign-going Ship of which the Lists to lie made
Crew is discharged in the United Kingdom, in whatever Part of for all Ships,
Her Majesty's Dominions the same is registered, and of every ^pj^f^ia^
Home Trade Ship, shall make out and sign a -List in a Form
sanctioned by the Board of Trade, containing the following Par-
ticulars ; (that is to say,)

(1.) The Number and Date of the Ship's Register and her

registered Tonnage :
(2.) The Length and general Nature of the Voyage or Employ-
ment:
(3.) The Christian Names, Surnames, Ages, and Places of Birth

of all the Crew, including the Master and Apprentices ;

their Qualities on board, their last Ships or other Em-

I^oym^sts, and the Dates and Places of their joining the

Ship:
(4.) The Names of any Members of the Crew who have died or

otherwise ceased to belong to the Ship, with the Times,

Places, Causes, and Circumstances thereof:
(6.) The Names of any Members of the Crew who have been

maimed or hurt, with the Times, Places, Causes, and

Circumstances thereof :
(6.) The Wages due to any of the Crew who have died, at the

Times of their respective Deaths :
* (7.) The Clothes and other Efifects belonging to any of the

Crew who have died, with a Statement of the Manner in

which they have been dealt with, and the Money for

which any of them have been sold :
(8.) The Name, Age, and Sex of every Person, not being one of

the Crew, who dies on board, with tlio Date and the

Cause thereof :
(9.) Every Birth which happens on board, with the Date

thereof, the Sex of the Infant^ and the Names of the

Parents :
(10.) Every Marriage wliich takes place on board, with the

Date thereof, and t£e Names and Ages of the Parties.

274. In the Case of Foreign-going Ships, the Master shall, Lists for
within Forty-eight Hours after the Ship's Arrival at her final Foreigo- going

M m 3 Port ^^'P* to be de

534 C. 104. 17 « & 18 <» YICTORLZE. A.DJ864.

liyered to Ship- Fort Of DeBtinatioQ in the United Kingdom^ or upon the Difr-
ping Master on charge of the Crew, whichever first happens, deliver to the Ship-
Arrival piogMaster before whom the Crew is discharged such List aa
herein-before required, and if he fails so to do shall for every
Default incur a Penalty not exceeding Five Pounds ; and aueh
Shipping Jtf aster shall thereupon give to the Master a Certificate
of such Delivery ; and no Ofiicer of Customs shfdl clear Inwards
any Foreign-going Ship without the Production of such Certificate,
and any such Officer may detain any such Ship until the aame is
produced. •
Lists to be de- 276. The Master or Owner of every Home Trade Ship shall,
liYeredbyl^ome within Twenty-one Days after the Thirtieth Day of June and the
Ti^e Ships Thirty-first Day of December in every Year, transmit or deliveic
half-year y. ^ aome Shipping Master in the United Kingdom such List as
herein-before required for the preceding Half Year, and shall in
default incur a Penalty not exceeding Five Pounds; and such
Shipping Master shall give to the Master or Owner a Certificate
of such Transmission or Delivery ; and no Officer of Customs shall
grant a Clearance or Transire for any Home Trade Ship without
the Production of such Certificate, and any such Officer may detain
any such Ship until the same is produced.
Lists to be sent 270. If any Ship ceases by reason of Transfer of Ownership or
home in case of Change of Employment to fall within the Definition of a Foreign-
^j^erofS^p g^jng Qj. ^£» ^ pf^nj^j Trade Ship, the Master or Owner thereof
in case o gj^nu^ if ^^^ gyp jg ^\^^^ in the United Kingdom, within One
Month, and if she is elsewhere, within Six Months, deliver or
transmit to the Shipping Master at the Port to which the Ship
has belonged such List as herein-before mentioned, duly made out
to the Time at which phe ceased to bo a Foreign-going or Home
Trade Ship, and in default shall for each Offisnce incur a Penalty
not exceeding Ten Pounds ; and if any Ship is lost or abandoned
the Master or Owner thereof shall, if practicable, and as soon as
possible, deliver or transmit to the Shipping Master at the Port
to which the Ship belonged such List as herein-before mentioned
duly made out to the Time of such Loss or Abandonment, and in
default shall for each Offence incur a Penalty not exceeding Ten
Pounds.
Shipping Mas- 277. All Shipping Masters and Officers of Customs shall take
tm and other charge of all Documents which are delivered or transmitted to or
tm^mit Docu- ^**i"®^ ^7 them in pursuance of this Act, and shall keep them
mentstoBegis^ ^^^ such Time (if any) as may be necessary for the Purpose of*
trar. settling any Business arising at the Place where such Documents
come into their Hands, or for any other proper Purpose, and shall,
if required, produce them for any of such Purposes, and shall then
transmit them to the Registrar General of Seamen, to be by him
Begistrar to recorded and preserved ; and the said Registrar shall, on Payment
permit Inspec- of a moderate Fee to be fixed by the Board of Trade, or without
tion, to produce payment of any Fee if the Board of Trade so directs, allow any
SveCoD*e Person to inspect the same ; and in Cases in which the Production
^ of the Original of any such Document in any Court of Justice or
elsewhere is essential, shall produce, the same, and in other Cases
shall make and deliver to any Person requiring it a certified Copy
of any such Document or of any Part thereof; and every Copy
purporting to be so made and certified shall be received in Evi-
dence,

A.DJ854. 17*» & 18" VICTORIA C, 104, 535

dence^ a&d shall have all the Effect of the Original of which it
purports to he a Copj.

278. The Collector or Comptroller of Customs at everj Port io Officen of Cus-
the United Kingdom shall on or hefore the First Day o£ February toms to make
«nd the First Day of August in every Year transmit to the Regis- ^^"la to
trar General of Seamen a List of all Ships registered in such Port, "^S"*"**-
and also of all Ships whose Registers have heen transferred or
cancelled in such Port since the last preceding Return.

870. The following Rules shall be observed with respect to the Agreements,
Delivery of Documents to British Consular Officers ; (that is to Indentures, and
say,) Assignments,

(1.) Whenever any ShiiH in whatever Part of Her Miyesty's po^'^'port *
Dominions the same is registered, (except Ships whose to^belraos^ted
Business for the Time being is to carry Passengers,^ with the Consul,
arrives at any Foreign Port where there is a British and at a Colony
Consular Officer, or at any Port in any British Posses- "with the Officers
aion abroad, and remains thereat for Forty-eight Hours, ®^ Customs.
the Master shall, within Forty-eight Hours of the Ship's
Arrival, deliver to such Consular Officer, or to the Chief
Officer of Customs, (as the Case may be,) the Agreement
with the Crew, and also all Indentures and Assignments
of Apprenticeships, or, in the Case of a Ship belonging
to a British Possession, such of the said Documents as
such Ship is provided with :
(2.) Such Officer shall keep such Documents during the Ship's
Stay in such Port, and, in Cases where any Indorsements
upon the Agreement are hereby required, shall duly
make the same, and shnll return the said Documents to
the Master a reasonable Time before his Departure,
with a Certificate indorsed on the Agreement, stating
when the same were respectively delivered and returned :
(3.) If it appears that the required Forms have been neg- ,

lected, or that the existing Laws have been transgress^,
such Officer shall make an Indorsement to that Effect on
the Agreement, and forthwith transmit a Copy of such
Indorsement, with the fullest Information he can collect
regarding such Neglect or Transgression, to the Re-
gistrar General of ^amen :
And if any Master fails to deliver any such Document as afore-
said he shall for every such Default incur a Penalty not exceeding
Twenty Pounds; and in any Prosecution for such Penalty it
shall lie upon the Master either to produce the Certificate of the
C<«sular Officer or Officer of Customs herein-before required,
or to prove that he duly obtained the same, or that it was imprac-
ticable for him so to do.

Official Logs. Official fj^gs.

280. The Board of Trade shall sanction Forms of Official Log Official Logs to
Books, which may be different for different Classes of Ships, so be kept in Forms
that each such Form contains Blanks for the Entries herein-after !f°*^**°!i)2i
required ; and an Official Log of every Ship (except Ships em- IJ^'ard of Trade.
ployed exclusively in trading between Ports on the Coasts of the
United lungdom) shall be kept in the appropriate sanctioned
Form ; and such Official Log may, at the Discretion of the Master

M m 4 or

536

C.104.

17<»&18^ VICTORI.^

A-D,1854.

Official Logs.

Entries to be
inade in due
Time.

Entries required
in Official Log.

Convictions.

Offences.

Punishments.

Conduct, &c.,
of Crew.

Illnesses and
Iiguries.

Deaths.
Births.
Marriages.
Quitting Ship.

Wages of Men
entering Nayy

Wages of de-
ceased Seamen.

Sale of their
Effects.

Collisions.

Entries how to
be signed.

or Owner, either be kept distinct from the •rdinarj Bhip^s Log
or united therewith, so that in all Cases^ all the Blanks in the
Official Log be duly filled up.

28L Every Entry in every Official Log shall be made as soon
as possible after the Occurrence to which it relates, and if not
made od the same Day as the Occurrence to which it relates, shall
be made and dated so as to show the Date of the Occnrrence and
of the Entry respecting it ; and in no Case shall any Entry theron
in respect of any Occurrence happening previously to the Arrival
t)f the Ship at her final Port of Discharge be made more than
Twenty-four Hours after such Arrival.

282. Every Master of a Ship for which an Official Log Book
is hereby required shall make or cause to be made therein Entries
of the following Matters ; (that is to say,)

(1.) Every legal Conviction of any Member of his Crew, and
the Punishment inflicted :

(2.) Every Offence committed by any Member of his Crew for
wluch it is intended to prosecute, or to enforce a For-
feiture, or to exact a Fine, together with such State-
ment concerning the reading over such Entry, and
concerning the Reply (if any) made to the Charge, as
herein-before required :

(8.) Every Offence for which Punishment is inflicted on board,
and the Punishment inflicted :

(4.) A Statement of the Conduct, Character, and Qualifications
of each of his Crew, or a Statement that he declines to
give an Opinion on such Particulars :

(5.) Every Case of Illness or Injury happening to any Member
of the Crew, with the Nature thereof, and the Medical
Treatment adopted (if any) :

(6.) Every Case of Death happening on board, and of the Cause
thereof:

(7.) Every Birth happening on board, with the Sex of the
Infant and the Names of the Parents :

(8.) Every Marriage taking place on board, with the Names and
Ages of the Parties :

(9.) The Name of every Seaman or Apprentice who ceases to
be a Member of the Crew, otherwise than by Death,
with the Place, Time, Manner, and Cause thereof:

(10.) The Amount of Wages due to any Seaman who enters
Her Majesty's Service during the Voyage :

(11.) The Wages due to any Seaman or Appi-entice who dies
during the Voyage, and the gross Amount of all Deduc-
tions to be made therefrom :

(12.) The Sale of the Effects of any Seaman or Apprentice who
dies during the Voyage, including a Statement of each
Article sold, and of the Sum received for it :

(13.) Every Collision with any other Ship, and the Circum-
stances under which the same occurred.

283. The Entries hereby required to be made in Official Log
Books shall be signed as follows ; that is to say, every such
Entry shall be signed by the Master and by the M^te or some
other of the Crew, and every Entry of Illness, Injury, or Denth
shall be also signed by the Surgeon or Medical Practitioner on

boartl

A.T).1S54.

17* & 18* VICTORIiE.

C.104.

537

board (if any) ; and every Entry of Wages due to or of the Sale
of the £€bct8 of any Seaman or Apprentice who dies shall be
signed by the Master and by the Mate and some other Member of
the Crew; and every Entry of Wages due to any Seaman who
enters Her Majesty's Service shall be signed by the Master, and
by the Seaman or by the Officer authorized to receive the Seaman
into saoh Service.

284. The following Offences in respect of Official Log Books
shall be punishable as herein-after mentioned; (that is to say,)
(1.) If in any Case an Official Log Book is not kept in the
Manner hereby required, or if any Entry hereby directed
to be made in any such Log Book is not made at the
Time and in the Manner hereby directed, the Master
shall for each such Offence incur the specific Penalty
herein mentioned in respect thereof, or where there is
no such specific Penalty, a Penalty not exceeding Five
Pounds :
(2.) Every Person who makes or procures to be made or assists
in making any Entry in any Official Log Book in re-
spect of any Occurrence happening previously to the
Arrival of the Ship at her final Port of Discharge more
than Twenty-four Hours after such Arrival, shall for
ekch such Offence incur a Penalty not exceeding Thirty
Pounds :
(3.) Every Person who wilfully destroys or mutilates or renders
illegible any Entry in any Official Log Book, or who
wilfully makes or procures to be made or assists in
making any false or fraudulent Entry or Omission in
any such Tx>g Book, shall for each such Offence be
deemed guilty of a Misdemeanor.
286. All Entries made in any Official Log Book as herein-before
directed shall be received in Evidence in any Proceeding in any
Court of Justice, subject to all just Exceptions.

286. In the Case of Foreign-going Ships the Master shall,
within Forty-eight Hours af\er the Ship's Arrival at her final
Port of Destination in the United Kingdom, or upon the Dis-
charge of the Crew, whichever first happens, deliver to the Ship-
ping Master before whom the Crew is discharged the Official Log
Book of the Voyage ; and the Master or Owner of every Home
Trade Ship, not exclusively employed in trading between Ports on
the Coasts in the United Kingdom, shall within Twenty-one Days
after the Thirtieth Day of June and the Thirty-first Day of
December in every Year transmit or deliver to some Shipping
Master in the United Kingdom the Official Log Book for the pre-
ceding Half Year ; and every Master or Owner who refuses or
neglects to deliver his Official Log Book as hereby required sball
be subject to the same Consequences and Liabilities to which he is
hereby made subject for the Non-delivery of the List of his Crew
herein-before mentioned.

287. If any Ship ceases by reason of Transfer of Ownership or
Change of Employment to fall within the Definition of a Foreign-
going or of a Home Trade Ship, the Master or Owner thereof
riiall if such Ship is then in the United Kingdom, within One
Month, and if she is elsewhere, within Six Months, deliver or

transmit

OfficudLogs,

Penalties in re-
spect of Official
Logs,

Entries in
Official Logs to
be received in
Evidence.
Official Logs to
be delivered
to Shipping
Master.

Official Logs to
be sent home in
oase of Transfer
of Ship, and in
case of Loss.

S88

a 104.

17^ & 18* VICTORIiB.

.A-Da854-

Official Log$.

East Indies
and Colonies.

Frovisions of
Act, as applied
by East Indian
and Colonial
Qoyemments
to their own
Ships, may be
enforced
throughout the
Empire.

East Indian and
Colonial Acts
to be subject to
Disallowance,
and require
Sanction as in
dther Cases.

Conflict of
Laws.

transnut to the Shipping Master at the Port to which the Ship be-
longed the Official Log Book (if any) duly made out to the Time
at which she ceased to be a Foreign-going or Home Trade Ship,
and in default shall for each Offence incur a Penalty not exceeding
Ten Pounds ; and if any Ship is lost or abandoned, the Master
or Owner thereof shall, if practicable, and as soon as possible,
deliver or transmit to the Shipping Master at the Port to which
the Ship belonged the Official Log Book (if any) duly made out to
the Time of such Loss or Abandonment, and in default shall for
each Offence incur a Penalty not exceeding Ten Pounds.

'East Indies and Colonies.

288. If the Goyernor General of India in Council, or the re-
spective Legislative Authorities in any British Possession abroad,
bj any Acts, Ordinances, or other appropriate legal Means, apply
or adapt any of the Provisions in the Third Part of this Act con-
tained to any British Ships registered at, trading with, or being
at any Place within their respective Jurisdictions, and to the Own-
ers, Masters, Mates, and Crews thereof, such Provisions, when so
applied and adapted as aforesaid, and as long as they remain in
force, shall in respect of the Ships and Persons to which the same
are applied be enforced, and Penalties and Punishments for the
Breach thereof shall be recovered and inflicted, throughout Her
Majesty's Dominions, in the same Manner as if such Provisions
had been hereby so adopted and applied, and such Penalties and
Punishments had been hereby expressly imposed.

289. Every Act, Ordinance, or other Form of Law to be passed
or promulgated by the Governor General of India in Council,
or by any other Legislative Authority, in pursuance of this Act,
shall respectively be subject to the saine Bight of Disallowance
or Bepeal, and require the same Sanction or other Acts and
Formalities, and be subject to the same Conditions in all respects,
as exist and are required in order to the Validity of any other
Act, Ordinance, or other Form of Law passed by such Gt>vernor
General in Council or other Legislative Authority respectively.

290. If in any Matter relating to any Ship or to any Person
belonging to any Ship there appears to be a Conflict of Law^s, then,
if there is in the Third Part of this Act any Provision on the Sub-
ject which is hereby expressly made to extend to such Ship, the
Case shall be governed by such Provision, and if there is no such
Provision the Case shall be governed by the Law of the Place
in which such Ship is registered.

Application,

Application of
Part IV. of Act

PABT IV.
SAFETY AND PBEVBNTION OF ACCIDENTS.
Application,
29L The Fourth Part of this Act shall apply to all Bri4i$k
Ships ; and all Foreign Steam Ships carrying Passengers be-
tween Places in the United Kingdom shall be subject to all the
Provisions contained in the Four^ Part of this Act, and likewise
to the same Provisions with respect to the Cert^cates of the
Masters and Mates thereof to which British Steam Ships are
anbject

Boats

A.D.1854. 17" & 18- VICTORIiE. C.104. 688

BoaU for Sea-going Shipt. Boats far Sm-

202. The following Rules shall be observed with respect to

Boats and Life Buors ; (that is to say,) Bales as to

(1.) No decked Ship (except Ships used solely as Steam Tugs Boats and lafe
and Ships engsiged in the Whale Fishery) shall proceed ™^y"*
to Sea from any Place in the United Kingdom, unless
she is provided, according to her Tonnage, with Boats
duly supplied with all Requisites for Use, and not being
fewer in Number nor less in their Cubic Contents than
the Boats the Number and Cubic Contents of which are
specified in the Table marked S. in the Schedule hereto
for the Class to which such Ship belongs :
(2.) No Ship carrying more than Ten Passengers shall proceed
to Sea from any Place in the United Kingdom, unless, in
addition to the Boats herein-before required, she is also
provided with a Life Boat furnished with all Requisites
for Use, or unless One of her Boats herein-before required
is rendered buoyant after the Manner of a Life Boat :
(3.) No such Ship as last aforesaid shall proceed to Sea unless
she is dso provided with Two Life Buoys ;
And such Boats and Life Buoys shall be kept so as to be at all
Times fit and ready for Use : Provided, that the Enactments with
respect to Boats and Life Buoys herein contained shall not apply
in any Case in which a Certificate has been. duly obtained under 15 & 16 Vict,
the Tenth Section of the "Passengers Act, ISSS.** c 44. s. 10.

298. In any of the following Cases, (that is to say,)

(1.) If any Ship herein-before required to be provided ivith Boats Penalties on
or Life Buoys proceeds to Sea without being so provided Mw^w «»d
therewith, or if any of such Boats or Life Buoys are lost SSSiffto
or rendered unfit for Service in the course of the Voyage j^ovidelSiafeft
through the wilful Fault or Negligence of the Owner or andLife Buoys.
Master; or,
(2.) If, in case of any of such Boats or Life Buoys being acci-
dentally lost or injured in the course of the Voyage, the
Master wilfully neglects to replace or repair the same on
the first Opportunity; or,
(3.) If such Boats and Life Buoys are not kept so as to be at all
Times fit and ready for Use ;
Then if the Owner appears to be in fault he shall incur a Penalty
not exceeding One hundred Pounds, and if the Master appears to
be in fault he shall incur a Penalty not exceeding Fifty Pounds.

204. No Officer of Customs shall grant a Clearance or Transire Ships not
for any Ship herein-before required to be provided with Boats or cleared,
with Life Buoys unless the same is duly so provided ; and if any
sucli Ship attempts to go to Sea without such Clearance or Tran-
sire any such Officer may detain her until she is so provided. Rules as to

Lights, Meeting
Lights and Fog Signals, and Meeting and Passing. and Passing,

296. The following Bules shall be observed with regard to Begnlations as
Lights and Fog Signals ; (that is to say,) to Lighto and

(1.) The Admiralty shall from Time to Time make Regulations ^®« Signals.
requiring the Exhibition of such Lights, by such Classes
of Ships, whether Steam or Sailing Ships, within such

Places

540 C.104. n^ft 18" VICTORIiE. A.D.1854.

Ryks aa to Places and under such Circumstances as tliej think fit.

Lights^ Meeting and may from Time to Time revoke, alter, or yarj the

and Pauing, game :

(2.) The Admiralty may, if they think fit^ make Regulations
requiring the Use of such Fog Signals, by such Classes
of Sliips, whether Steam or Sailing Ships, within such
Places and under such Circumstances as they think fit,
and may from Time to Time revoke, alter, or vary the
same :
(3.) All llegulations made in pursuance of this Section shall be
published in the London Gazette^ and sball come into
operation on a Day to be named in the Gazette in which
they are published, and the Admiralty shall cause all
such Regulations to be printed, and shall furnish a Copy
thereof to any Owner or Master of a Ship who applies
for the same, and Production of the Gazette containing
such Regulations shall be sufficient Evidence of the due
making and purport thereof:
(4.) All Owners and Masters shall be bound to take notice of
the same, and shall, so long as the same continue in
force, exhibit such Lights, and use such Fog Signals, at
such Times, within such Places, in such Manner, and
under such Circumstances as are enjoined by such Regu-
lations, and shall not exhibit any other Lights or use any
other Fog Signals, and in case of Default the Master, or
the Owner of the Ship, if it appears that he was in fault,
shall for each Occasion upon which such Regulations are
infringed incur a Penalty not exceeding Twenty Pounds.
Rule as to Ships 296. Whenever any Ship, whether a Steam or Sailing Ship,
meeting each proceeding in one Direction, meets another Ship, whether a Steam
other. or Sailing Ship, proceeding in another Direction, so that if both

Ships were to continue their respective Courses they would pass
so near as to involve any Risk of a Collision, the Helms of both
Ships shall be put to Port so as to pass on the Port Side of each
other ; and this Rule shall be obeyed by all Steam Ships and by
all Sailing Ships whether on the Port or Starboard Tack, and
whether close-hauled or not, unless the Circumstances of the Case
are such as to render a Departure from the Rule necessary in
order to avoid inmiediate Danger, and subject also to the Proviso
that due Regard shall be had to the Dangers of Navigation, and,
' as regards Sailing Ships on the Starboard Tack close-hauled, to
the keeping such Ships under Command.
Rule for Steam- 297. Every Steam Ship, when navigating any narrow Channel,
en in narrow shall, whenever it is safe and practicable, keep to that Side of the
Channels. Fair-way or Mid-channel which lies on the Starboard Side of

such Steam Ship.
Jf Collision 298. If in any Case of Collision it appears to the Court before

ensues firom which the Case is tried that such Collision was occasioned by the
^^^CT*** Non-observance of any Rule for the Exhibition of Lights or the
Owner not*to ^^® ®^ ^^S Signals issued in pursuance of the Powers herein-
be entitled to before contaiined, or of the foregoing Rule as to the passing of
recover. Steam and Sailing Ships, or of the foregoing Rule as to ^ Steam

Ship keeping to that Side of a narrow Channel which lies on the
Starboard Side, the Owner of the Ship by which such Rule has

been

BuiU €md

A.D.1854- 17» & 18« VICTOEIJE. C. 104. 541

been infringed shall not be entitled to recover any Recompence Bides tu to
whatever for any Damage sustained by such Ship in such Collision, Lighu.Meeting
unless it is shown to the Satisfaction of the Court that the Circum- «»<< rasstng.
stances of the Case made a Departure from the Rule necessary.

290. In case any Damage to Person or Property arises from Breaches of
the Non-observance by any Ship of any of the said Rules, such wch ^^^
Damage shall be deemed to have been occasioned by the wilful ^^^J/^
Default of the Person in charge of the Deck of such Ship at the
Time, unless it is shown to the Satisfaction of the Court that the
Circumstances of the Case made a Departure from the Rule
necessary. Eiuij^of

Bttild and Equipment of Steam Ships. SteamSkips.

800, The following Rules shall be observed with respect to the Iron Steamers
Build of Iron Steam Ships ; (that is to say,) to be divided by

(1.) Every Steam Ship built of Iron, of One hundred Tons or Sjjfr**^'^*
upwards, the building of which commenced after the ^ ^^"^
Twenty-eighth Day of August One thousand eight hun-
dred and forty-six, and every Steam Ship built of Iron
of less Burden than One hundred Tons the building of
which commenced after the Seventh Day of August One
thousand eight hundred and fifty-one, (except Ships used
solely as Steam Tugs,) shall be divided by substantial
transverse Water-tight Partitions, so that the Fore Part
of the Ship shall be separated from the £ngine Room by
one of such Partitions, and so that the After Part of
such Ship shall be separated from the Engine Room by
another of such Partitions :
(2.) Every Steam Ship built of Iron the building of which
commences after the passing of this Act, shali be divided
by such Partitions as aforesaid into not less than Three
equal Parts, or as nearly so as Circumstances permit :
(3.) In such last-mentioned Ships each such Partition as afore-
said shall be of equal Strength with the Side Plates of
the Ship with which it is in contact :
(4.) Every Screw Steam Ship built of Iron, the building of
which commences after the passing of this Act, shall, in
addition to the above Partitions, be fitted with a small
Water-tight Compartment inclosing the Ailter-extremity
of the Shaft :
And no Officer of Customs-or other Person shall grant a Clearance Officers of
or Transire for any Iron Steam Ship required to be divided or ^'^^J^ ^
fitted as aforesaid, unless the same is so divided and fitted ; and if JJJ^ eiceptso
any such Ship attempts to ply or go to Sea without such Clearance divided,
or Transire, any such Officer may detain her until she is so divided
and fitted ; and if any Steam Ship herein-before required to be so
divided or fitted plies or goes to Sea without being so divided or
fitted, the Owner shall incur a Penalty not exceeding One hundred
Pounds.

301. Steam Ships shall be provided as follows ; fthat is to say,) f^***?^^' ^^
(1.) Every Steam Ship of which a Survey is hereby required iJT^rrf*-
shall be provided with a Safety Valve upon each Boiler, ^**^ ®*
so constructed as to be out of the Control of the Engi*
neer when the Steam is up, and, if such Valve is in

addition

543

C.104.

17^ & 18« VICTORUE.

A.D.1S54.

SUamJShip$.

Companes to
beafljinted.

PSreHote.

I^gnals.

Shelter for
Deck Eassen-
gen.

Penalty for im-
proper Weight
onSafetyYalTe.

Survesf of
Paa&enger
Steamers,

Definition of

Passenger

Steamer.

addition to the ordinary Yalvej it ahall be so constructed
as to have an Area not less and a Pressure not greater
than tho Area of and Pressure on that Valve :
(2«) Every Sea-going Steam Ship employed to carry Passengers
shall have her Compasses properly adjusted from *!nme
to Time ; such Adjustment, in the Case of Ships sur-
veyed as herein-after mentioned, to be made to the Satis-
facticm of the Shipvmght Surveyor, and according to
such Regulations as may be issued by the BoaiH of
Trade :
(3.) Every Sea-going Steam Ship (unless used solely asH Steam
Tug) shall be provided with a Hose adapted for the Pur-
pose of extinguishing Fire in anv Part of the Ship and
capable of being connected with toe Engines of the Ship :
(4.) Every Sea-going Steam Ship employed to carry Passengers
shall be provided with the following Means of making
Signals of Distress ; (that is to say,) Twelve Blue Lights
or Twelve Port Fires; and One Cannon widi Ammuni-
tion for at least Twelve Charges, or, in the Discretion of
the Master or Owner of such Ship, with such other
Means of making Signals (if any) as mtkf have pre-
viously been approved by the Board of Trade :
(5.) Every Home Trade Steam Ship employed to ean^ Passen-
gers by Sea shall be provided with such Shelter for the
Protection of Deck Passengers (if any) as the Board of
Trade, having regard to the Nature of the Paa<<age, the
Number of Deck Passengers to be carried, tho Season of
the Year, the Safety of the Ship, and the Circumstances
of the Case, may require :
And if any Steam Ship as aforesaid plies or goes to Sea from any
Port in the United Kingdom without being so provided as herein-
before required, then for each Default in any of the above Requi-
sites the Owner shall (if he appears to be in fault) incur a Penalty
not exceeding One hundred Pounds, and the Master shall (if he
appears to be in fault) incur a Penalty not exceeding Fifty
Pounds.

802. . If any Person places an undue Weight on the Safety
Valve of any Steam Ship, or, in the Case of Steam Ships sur-
veyed as herein-after mentioned, increases such Weight beyond
the Limits fixed by such Engineer Surveyor as herein«after men*-
tioned, he shall, in addition to any other Liabilities he may incur
by so doing, incur a Penalty not exceeding One hundred Pounds.

Survey of Passenger Steamers.

303. For the Purpose of the Enactments herein contained with
respect to Surveys and Certificates of Passenger Steam Ships^ the
Wol^ " Passengers " shall be held to include any Persons carried
in a Steam Ship, other than the Master and Crew and the Owner,
his Family and Servants ; and the Expression *' Passenger Steamer"
shall be held to include every British Steam Ship carrying Pas-
sengers to, from, or between any Place or Places in the United
Kingdom, excepting Steam Ferry Eoats working in Chains, com-
monly called Steam Bridges.

304. Every

A.D.1854. 17« & 18* VICTOBIJE. C. 104. 543

. S04. Every Passenger Steamer sliall bo surveyed twice at the Passenger
least in each Year in manner herein-after mentioned. Steamers to be

806. The Board of Trade may from Time to Time appoint such surveyed.
Number of fit and proper Persons to be Shipwright Surveyors Board 'of Trade
and Engineer Surveyors for the Purposes of this Act at such ^ appoint ^S^-
Ports or Places as it thinks proper, and may also appoint a Sur- ^J^muner-
veyor General for the United Kingdom, and ma^y from Time to ation.
Time remove such Surveyors or any of them, and may fh>m Time
to Time fix and alter the Rates of Remuneration to be received by
such Surveyors.

806. It ihaXL be lawful for the said Surveyors in the Execution Snrreyon to
of their Duties to go on board any Steam Ship at all reasonable have rower to
Times, and to inspect the same or any Part thereof, or any of the mspect
Machinery; Boats, Equipments, or Articles on board thereof, or

any Certificates of the Master or Mate to which the Provisions of
this Act or any of the Regulations to be made by virtue thereof
apply, not nnneCcssatily detaining or delaying the Ship from prCK
ceeding on any Voyage* and, if in consequence of any Accident
to any such Ship or for any other Reason they consider it neces-
sary so to do, to require the Ship to be taken into Dock for the
Purpose of surveying the Hull thereof; and any Person who
hinders any such Surveyor from going on board any such Steam
Ship, or otherwise unpedes him in the Execution of his Duty
under this Act, shall incur a Penalty not exceeding five Pounds.

807. The said Surveyors shall execute their Duties under the Board of Trade
Direction of the Board of Trade, and such Board shall make Re- to regolate
gulations as to the Manner in which the Surveys herein-after Mode of making
mentioned shall be made, and as to the Notice to be given to the ^°^®y^
Sorveyors when Surveys are required, and as to the Amount and

Payment of any travelling or other Expenses incurred by such
Surveyors in the Execution of their Duties, and may thereby
determine the Persons by whom and the Conditions under which
such Pkiyment shall bo made.

808. Every Surveyor who demands or receives directly or in- Penalty on
directly from the Owner or Master of any Ship surveyed by him Sarveyois re- .
under the Provisions of this Act any Fee or Remuneration what- ^*7^? «*^
soever for or in respect of such Survey, otherwise than as the '^^^^"^"y'
Officer and by the Direction of the Board of Trade, shall incur a

Penalty not exceeding Fifty Pounds.

800. The Owner of every Passenger Steamer shall cause the Owners to have
same to be surveyed at the Times herein-after directed by One Surrey made
of the said Shipwright Surveyors and by One of the said En- hy Shipwright
gineer Surveyors so appointed as aforesaid ; such Shipwright Sur- g^^J^^^^^d
veyor being, in the Case of Iron Steamers, a Person who is in the Surveyors to
Judgment of the Board of Trade properly qualified to survey such give Declare*
Ships ; and such Surveyors shall thereupon, if satisfied that they tiona.
can with Propriety do so, give to such Owner Declarations as
follows :

The Declaration of the Shipwright Surveyor shall contain
Statements of the following Particulars; (that is to say,)

(1.) That the Hull of the Ship is sufficient for the Service
intended and in good Condition :

(2.) That the Partitions, Boats, Life Buoys, Lights, Signals,
Compasses, and Shelter for Deck Passengers, and the

Certificates

544 C. 104. 1 7 <» & 18 «> VICTORI-E- A.D. 1854.

. Survey of Certificates of the Master and Mate or Mates, are socli,

Passenger and in such Condition, as required bj this Act :

Steamers. (3,) The Time (if less than Six Months) for which the ssud

Hull and Equipments will be sufficient :
(4.) The Limits (if any) beyond which, as regards the Hull
and Equipments,' the Ship is in the Surveyor's Judgment
not fit to ply :
(5.) The Number of Passengers which the Ship is in the
Judgment of the Surveyor fit to carry, distingiitsbing,
if necessary, between the respective Numbers to be car-
ried on the Deck and in the Cabins, and in different
Parts of the Deck and Cabins ; such Numbers to be
subject to such Conditions and Variations, according to
the Time of Year, the Nature of the Voyage, the Cargo
carried, or other Circumstances, as the Case requires :
And the Declaration of the Engineer Surveyor shall contain
Statements of the following Particulars; (that is to say,)
(1.) That the Machinery of the Ship is sufficient for the Service

intended, and in good Condition :
(2.) The Time (if less than Six Months) for which such

Machinery will be sufficient :
(3.) That the Safety Valves and Fire Hose are sodi and in

such Condition as are required by this Act :
(4.) The Limits of the Weight to be placed on the Safety

Valves :
(5.) The Limits (if any) beyoud which, 'as regards the Ma-
chinery, the Ship is in the Surveyor's Judgment not fit
to ply :
And such Declarations shall be in such Form as the Board of
Trade directs.
Tnuumission 810. The said Owner shall transmit such Declarations to the
of Declarations Board of Trade within Fourteen Days after the Dates of the
toBoard of Receipt thereof respectively ; and in default shall forfeit a Sum
^^^^ not exceeding Ten Shillings for every Day that the sending of

Penalty for ^^^^ Declarations is delayed ; and such' Sum shall be paid upon
Delay. the Delivery of the Certificate herein-after mentioned, in addition

to the Fee payable for the same, and shall be applied in the same
Manner as such Fees.
Times appoint- SIL In all Cases where it is possible, the said half-yearly
«d forSurveys Surveys shall be made in the Months of April and of October^
and Traiw- j^^ J ^y^^ Declarations shall be transmitted on or before the Thir-
l^birations. ^^®^^ ^^7 ^^ ^P^^ *°^ *^® Thirty-first Day of October respec-
tively; but if the Owner of any Passenger Steamer is unable to
have the same surveyed in the Month of AprU or October (as the
Case may be), either by reason of such Ship being absent from
the United Kingdom during the whole of those Periods respec*
tively, or by reason of such Ship or the Machinery thereof being
under Construction or Repair, or of such Ship being laid np in
Dock, or for any other Reason satisfactory to the Board of
Trade, then he shall have the same surveyed as aforesaid as soon
thereafter as possible, and shall transmit such Declarations to the
Board of Trade within Fourteen Days after the Receipt thereof,
together with a Statement of the Reasons which have prevented
the Survey of such Ship at the Time herein-before prescribed,

and

A.D.1864. 17« & W VICTORIA a 104. 545

aad shall* in case of Delay in transmitting the Declarations^ be •Vurwy </
liable to a Forfeiture similar to that mentioned in the last pre* Passenger
ceding Section. Sieamers.

312. Upon the Receipt of such Declarations the Board of Board of Trade
Trade shall, if satisfied that the Provisions of the Fourth Part of ^ ^•■^ Certit-
this Act have been complied with, cause a Certificate in Duplicate ^'^^
to be prepared and issued to the Effect that the Provisions of the
Law with respect to the Survey of the Ship, and the Transmission
of Declarations in respect thereof have been complied with ; and
such Certificate shall state the Limits (if any) beyond which, ac*
cording to the Declaration of the Surveyors, such Ship is not
fit to ply, and shall also contain a Statement of the Number of
Passengers which, according to the Declaration of the Shipwright
Surveyor, such Ship is fit to carry, distinguishing (if necessary)
between the respective Numbers to be carried on the Deck and in
the Cabins, and in different Parts of the Deck and Cabins, such
Number to be subject to such Conditions and Variations according
to the Time of Year, the Nature of the Voyage, the Cargo carried^
and other Circumstances, as the Case requires.

BIS. The Board of Trade shall transmit such duplicate Certifi- Imw and
cate to the Shipping Master or to some other public OflELcer at 5T"S^
such Port, as the Owner may mention for the Purpose or at the vcrtmcatWi
Port where the Owner or his Agent resides or where the Ship
was surveyed and is for the Time being lying, and shall cause
Notice of such Transmission to be given by Post or otherwise to
the Master or Owner or his Agent ; and the said Shipping Master
or Officer shall deliver such duplicate Certificate to the said
Owner, Master, or Agent on his applying and paying the Fees
and other Sums (if any) herein mentioned as payable in that
Behalf ; and in proving the due Issue and Transmission to the
Owner, Agent^ or Master of such Certificate, it shall be sufficient
to show that the same has been duly received by such Shipping
Master or Public Officer as aforesaid, and that due Notice of the
Transmission thereof to such Shipping Master or Officer has been
given to such Owner, Master, or Agent.

3M» The Owner of eyery Passenger Steamer requiring a Cer- Fees to bs paid
tificate under the Fourth Part of this 'Act shall pay for every ** Certillciiei.
Certificate granted by the Board of Trade such Fees as such
Board directs, not exceeding the Fees mentioned in the TU>le
marked T. in the Schedule hereto.

816. No Certificate shall be held to be in force for the Purposes How kog
of the Fourth Part of this Act beyond the Date fixed by the Board CertifieaiM to
of Trade for the Expiration thereof; and no Certificate shall be ^S!^^ ^
in force after Notice is given by the Board of Trade to the ^"^
Owner, Agent, or Master of the Ship to which the same relates,
that such Board has cancelled or revoked the same: Provided,
that if, any Passenger Steamer is absent from the United King-
dom at the Time when her Certificate expires, no Penalty shall
be incurred for the Want of a Certificate until she first begins to
ply with Passengers after her next subsequent Return to the
United Kingdom ; and the Board of Trade may require any Cer-
tificate which has expired, or has been revoked or cancelled, to
be delivered up as it directs ; and any Owner or Master who,

17 fc 18 Vict. N n without

546

C. 104*

17«&18' VICTOBI-flS.

A J). 1664.

Board of Trade

JOMJ

Gerdficateiftttid
require fresh
I>eclaratioii8.

Ck>p7QfCertiii-

without reasonable Caofie, neglects or refuses to eomply with such
Requiremont^ shall incur a Penalty not exceeding Ten Pounds.

816. The Board of Trade may revoke and cancel such Certifi-
cates in any Case in which it has Reason to belieyOy—

(1.) That the Declarations of the Sufficiency and good Con-
dition of the Hully Equipments, and Machinery of any
Passenger Steamer, or either of them, have been fraudu-
lently or erroneou^y made ; or,
(2.) That such Certificate has otherwise been issued upon false

or erroneous Information; or,
(3.) That since the making of such Declarations the Hull,
Equipments, or MacUnery of such Ship have sustained
any Lijury, or are otherwise insufficient :
And in every such Case the Board of Trade may, if it thinks fit»
require the Owner to have the Hull, Equipments, or Machinery of
such Ship again surveyed, and to transmit a fiuiher Declaration
or Declarations of the Sufficiency and good Condition thereof
before re-issuing any Certificate or granting a fresh one in lieu
thereof.
-- ^^ 817. The Owner or Master of every Passenger Steamer shali
^'l^^l^j^l^y forthwith on the transmission of any such Certificate as aforesaid
-ptaii^S^^ to ^^°^ o^ ^ Agent cause one of the Duplicates thereof so trans-
mitted to be put up in some conspicuous Paxt of the Ship, so as
to be visible to all Persons on boutL the same, and shali cause it
to be continued so put up so long as such Certificate remains in
force and such Ship is in use ; and in default such Owner or Master
shall for every Ofience incur a Penalty not exceeding Ten Pounds.

818. It shall not be lawful for any Passenger Steamer to pro-
ceed to Sea or upon any Voyage or Excursion with any Passen-
gers on board, unless the Owner thereof has transmitted to the
Board of Trade the Declarations herein-before required, nor unless
the Owner or Master thereof has received from such Board audi a
Certificate as herein-before provided for, such Certificate beiug a
Certificate applicable to the Voyage or Excursion on which such
Ship is about to proceed ; and no Officer of Customs shall grant
any Clearance or Transire for any Passenger Steamer unless upon
1^ iVoduction of such Certificate as aforesaid (being a Certificate
then in force and applicable as aforesaid); and if any Passenger
Steamer attempts to ply or go to Sea without such Production, any
such Officer may detain her until such Certificate is produced;
and if any Passenger Steamer plies or goes to Sea with any Pas-
sengers on board, without having One of the Duplicates of such
Certificate as aforesaid (being a Certificate then in force, and ap-
plicable as aforesaid), so put up as aforesaid in some conspicuous
Part of the Ship, the Owner thereof shall for such Ofi*^ce incur a
Penalty not exceeding One hundred Pounds, and the Master of
such Ship shall also incur a further Penalty not exceeding Twenty
Pounds.

819. If the Owner or Master or other Person in charge of any
-«. *.- «. Passenger Steamer receives on board thereof or on or in any Part
Ez^'cmTkiiiii* thereof, or if such Ship has on board thereof or on or in any Ptot
bers ipedfied thereof, any Number of Passengers which, having regard to the
in Gertiflcate. Time, Occasion, and Circumstance of the Case, is greater than

the

Ship not to
proceed on her
Voyage with-
out Certificate.

Penalty for
carrying Fas-
■engen m

A.D.1854. 17' & 18« VICTORLaE- C. 104. 647

the Number of Passengers allowed by the Certificate, the Owner Stirtf^ of
or Master shall incur a Penalty not exceeding Twenty Pounds, ^utenger
and also an additional Penalty not exceeding Five Shillings for ^^H!^'
every Passenger over and above the Number allowed by the Cer-
tificate, or^ if the Fare of any of the Passengers on board exceeds
Kve IShillings, not exceeding double the Amount of the Fares
of all the Passengers who are over and above the Number so
allowed as aforesaid, such Fares to be estimated at the highest
Kate of Fare payable by any Passenger on board.

320. Every Person who knowingly and wilfully makes or assists Forgery of
in making or procures to be made a false or fraudulent Declaration Declaration or
or Certificate with respect to any Passenger Steamer requiring a Certificate a
Certificate under the Fourth Part of this Act, or who forges, Miademeanor.
assists in forging, or procures to be forged, fraudulently alters,
assists in fraudulently altering, or procures to be fraudulently
altered, any Declaration or Certificate required by the Fourth Part
of this Act, or any Words or Figures in any such Declaration or
Certificate, or any Signature thereto, shall be deemed guilty of a
Misdemeanor.

d2L The said Surveyors shall from Time to Time make such Sorveyonto
Returns to the Board of Trade as it requires with respect to the make Betnrns
Build, Dimensions, Draught, Burden, Rate of Sailing, Room for ^*K^|?^
.Fuel, and the Nature and Particulars of Machinery and Equip- aSwL ^1°*
ments of the Ships surveyed by them ; and every Owner, Master, ch^rs and
and Engineer of any such Ship shall, on Demand, give to such Hasten to give
Surveyors all such Information and Assistance within his Power Infonnation for
as they require for the Purpose of such Returns ; and every such ^^ Pnrp«^
Owner, Master, or Engineer who, on being applied to for that
Purpose, wilfully refuses or neglects to give such Information or
Assistance, shall be liable to a Penalty not exceeding Five Pounds.

JlBteonduet by JPassengers m Steamers, Mimxnubict bg

822, The followinff Offenders, that is to say, ^^^StaSH^ *"
(1.) Any Person who, after having been rerased Admission into **

any Steamer by the Owner or Person in charge thereof Penaltieaon
or by any Person in the Employ of the Owner thereof^ Persons forcing
on account of such Steamer being full, and after having ^^^7 <« ho«d »
had the full Amount of his Fare (if he has paid the same;
returned or tendered to him, nevertheless persists in
attempting to enter the same; and
(2.) Any Person, having got on board any Steamer, who, upon or lefiismff to
being requested on the like Account by the Owner or V^ ^* Snip.
Person in charge thereof or by any Person in the Employ
of the Owner to leave such Steamer before the same
has quitted the Place at which such Person got on board,
and upon having the full Amount of his Fare (if he has
paid the same) returned or tendered to him, refuses to
comply with such Request,

Shall for each such Offence incur a Penalty not exceeding Forty

Shillings, to be paid to the said Owner.

823. The following Offenders, that is to say,

(1.) Any Person who travels or attempts to travel in any Pas- Penalty for

senger Steamer which has been duly surveyed in con- *^]^^J^["
fonnitj with the Provisions of this Act, without having ■»•" ^ '*"^
N n 2 previously

648 C. 104. 17*^ & 18<> VICTORUB. A.D. 1854,

MiMemiwU htf] previously paid his Fare, and with Intent to avoid Pay- .

•'^"■•V"^ •* ment thereof ; and

Sieamtn. ^g.) Any Person who, having paid his Faro for a certain Dis-

tance, knowingly and wilfully proceeds in any such
Steamer heyond such Distance, without previously pay-
ing the additional Fare for the additional Distance, and
with Intent to avoid Payment thereof ; and
(3.) Any Person who knowingly and wilfully refuses or neg-
lects, on arriving at the roint to which he has paid his
Fare, to quit any such Steamer ;
Shall for every such Offence incur a Penalty not exceeding Five
Shillings, in addition to the Fare payable by him, such Penalty
to be payable to the Owner of such Steamer.
Penalty on Per- 824. Every Person who, having committed any of the Offences
■on* ^eftuing to mentioned in the Two last preceding Sections or either of them,
K^YaSSs"* ^^^^^^ ^^ Application of the Master of the Ship or of any other
*"' ' Person in the Employ of the Owner thereof to give his Name and

Address, or who on such Application gives a false Name or
Address, shall incur a Penalty not exceeding Twenty Pounds, to
be paid to the said Owner.
Power to refuse 326. The Master of any Home Trade Passenger Steam Ship
OT remove may refuse to receive on board thereof any Person who by reason

j^^^^J*^ of Drunkenness or otherwise is in such a State, or misconducts
mifloonduct himself in such a Manner, as to cause Annoyance to other Passen-
tfaemaelves. gers on board, or if such Person is on board, may put bini on
shore at any convenient Place ; and no Person so refused Admit-
tance or put on sliore shall be entitled to the Return of any Fare
he may have paid.

AcckhnU, Accidents,

Aocitototo ^^®" WJ^^^cvcr any Steam Ship has' sustained or caused any

Steini Ships to Accident occasioning Loss of Life or any serious Injury to any

be reported to Person, or has received any material Damage affecting her Sea-

Bosrd of Trade, worthiness or her Efficiency either in her Hull or in any Part of

her Machinery, the Owner or Master shall, within Twenty-four

Hours after the happening of such Accident or Damage, or as

soon thereafter as possible, send to the Board of Trade, by Letter

signed by such Owner or Master, a Report of such Accident or

Damage, and of the probable Occasion thereof, stating the Name

of the Ship, the Port to which she belongs, and the Place where

she is ; and if such Owner or Master neglect so to do he shall for

such Offence incur a Penalty not exceeding Fifty Pounds.

Notice to be 827. If the Owner of any Steam Ship have Reason, owing to

given of appre- the Nonappearance of such Ship, or to any other Circumstance, to

Staun^^T** ^ apprehend that such Ship has heen wholly lost, he shall as soon as

^ conveniently may be send Notice thereof in like Manner to the

Board of Trade, and if he neglect so to do within a reasonable

Time he shall for such Offence incur a Penalty not exceeding

Fifty Pounds.

CoUlfliotis to be 328. In every Case of Collision, in which it is practicable so to

Offl'S? ^®* *^® Master shall immediately after the Occurrence cause a

Ufflciai iiog. Statement thereof, and of the Circumstances under which the

same occurred, to be entered in the Official Log Book (if anyX

such Entry to be signed by the Master, and also by the Mate or

One

A.D.1854. !?• & 180 VICTORIiE. C. 104. 649

One of the Crew, and in defaolt shall incur a Penalty not exceed-
ing Twenty Fonndfl*

Carrying Dangerout Goods. Carryimg Dan*

329. No Person shall be entitled to carry in any Ship, or to 9^^^^ Goods.
require the Master or Owner of any Ship to carry therein, any pi^y^^gigog ^o
Aquafortis, Oil of Vitriol, Gunpowder, or any other Goods which, pterent the
in the Judgment of such Master or Owner, are of a dangerous takiog danger-
Nature ; and if any Person carries or sends by any Ship any ons Goods o&
Goods of a dangerous Nature without distinctly marking their 5^^^*^"*"*
Nature on the Outside of the Package containing the same, or ^*

otherwise giving Notice in Writing to tbe Master or Owner at or
before the Time of carrying or sending the same to be shipped,
he shall for every such Offence incur a Penalty not exceeding One
hundred Pounds ; and the Master or Owner of any Ship may
refuse to take on board any Parcel that he suspects to contain
Groods of a dangerous Nature, and may require them to be opened
to ascertain the Fact

PART V.
PILOTAGE.

AppUeatum. AppUeaiUm.

880. The Fifth Part of this Act shall apply to the United ^ppij^j^ ^

Kingdom only. Pirtv!^Act.

Powers f^ Pilotage Auihoriiies (General). F&ufera qf

38L Every Pilotage Authority shall retain all Powers and Juris- ^^^ko^t

diction which it now lawfully possesses, so far as the same are fOenenU).

conaisteat with the Provisions of this Act ; but no Law relating to .

aoch Authority, or to the Pilots licensed by it, and no Act done by General
au^ Aothority, shall, if inconsistent with any Provision of this Juriadietkm.
Act, be of any Force whatever.

882. Every Pilotage Authority shall have Power, by Byelaw Power of Pilot-
made with the Consent of Her Majesty in Council, to exempt the age Authorities
Ifasters of any Ships, or of any Classes of Ships, from being com- to make and
polled to employ qualified Pilots, and to annex any Terms or ?***ft^*"^'
Conditions to such Exemptions, and to revise and extend any c^^uigory
Exemptions now existing by virtue of this Act or any other Act pQotage.
of Parliament, Law, or Charter, or by Usage, upon such Teims
and Conditions and in such Manner as may appear desirable to
such Authority.

888. Subject to the Provisions contained in the Fifth Part of PowenofPnot-
this Act, it sliall be lawful for every Pilotage Authority, by Bye- ageAmhorities.
law made with the Consent of Her Majesty in Council, from Time
to Time to do all or any of the following Things within its Dis-
tricts ; (that is to say,)
tl.) To determine the Qualifications to be required from Per* To detennine
sons applying to be licensed as Pilots, whether in respect Qnalificationa
of their Age, Skill, Time of Service, Character, or other- of PiloU:
wise :
(2.) To make Begulations as to the Approval and licensing of To makeR^gn-
PUot Boats and Ships, with I^ower to establish and ^f%|^^
regulate Companies for the support of such Boats and ™ot Boats:

N n 8 Ships ^

550

a 104.

17»&18*» VICTORI-«!.

A.D.1854

Pomenof

Piloiape
AuthoritieB
{General),

TomikeBega-
latioDs ibr the
Gkyremment of
FUots:

To make Kega-
latioDBasto
liceDoes and
Certificates:

To alter and
reduce Bates of
Pflotage:

To arrange the
Limits ofPilot-
age Districts:

Ships, and for a Participation in the Profits made thereby;
the Companies so established to be exempt from the Pro-
visions of the Act passed in the Session holden in the
Seventh and Eighth Years of the Beign of Her present
Majesty, Chapter One hundred and ten, intituled An Ad
for the Registraiionj Incitrporationy and Relation of
Joint Stock Companies.

(3.) To make Regulations for the Government of the Pilots
licensed by them, and for inanring their good Conduct,
and their constant Attendance to and effectual Perform-
ance of their Duty, either at Sea or on shore.

(4.) To fix the Terms and Conditions of granting Licences to
Pilots and Apprentices, and of granting such Pilotage
Certificates as herein-after mentioned to Masters and
Mates, and to make Eegulations for punishing any Breach
of such Regulations as aforesaid committed by such Pilots
or Apprentices or by such Masters and Mates by the
Withdrawal or Suspension of their Licences or Certifi-
cates, as the Case may be, or by the Lifiiction of Penal-
ties to be recoverable summarily before Two Justices,
so that no such Penalty be made to exceed the Sum of
Twenty Pounds, and so that every such Penalty be
capable of Reduction at the Discretion of the Justices by
• whom the same is inflicted :

(5.) To fix the Rates and Prices or other Remuneration to be
demanded and received for the Time being bj [Pilots
licensed by such Authority, or to alter the Mode of re-
munerating such Pilots, in such Manner as such Authority
may, with such Consent as aforesaid, think fit» so thai
no higher Rates or Prices be demanded or reoeived from
the Masters or Owners of Ships in the Case of the Trini^f
House than the Rates and Prices specified in the Table
marked U. in the Schedule hereto ; and in the Case of
all other Pilotage Authorities, than the Rates and Prices
which might have been lawfully fixed or demanded by
such Pilotage Authorities respectively under any Act of
Parliament, Charter, or Custom in force immedii^y
before the Commencement of this Act :

(6.) To make such Arrangements with any other Pilotage
Authority for altering the Limits of their respective
Districts, and for extending the Powers of such other
Authority or the Privileges of the Pilots licensed by such
other Authority or any of them to all or any Part of its
own District, or for limiting its own Powers or .the Pri-
vileges of its own Pilots or any of them, or for sharing
the said last-mentioned Powers and Privil^;es with the
said other Authority and the Pilots licensed by i^ or for
delegating or surrendering such Powers and Privil^l^
or any of them to any other Pilotage Authority either
already constitttted or to be constitnted by Agreement
between such Authorities, and to the Pilots licensed by
it, as may appear to such Pilotage Authorities to be
desirable for the Purpose of facilitating Navigation or of
reducing Charges on Shippiiig:

(7> To

A.D.1854. 17« & 18' VICTORLaS. C.104. 551

(7.) To establish, either alone, or in conjnnction with anj other Piwert of
Pilotage Attthoritj or Authorities, Funds for the Relief Mt»iage
of superannuated or infirm qualified Pilots, or of their fl^l^
Wives, Widows, or Children, or to make any new Regu- ^\!_^'
lations with respect to any Funds already applicable to To establish
the abore Purposes or any of them, with Power to deter- Funds for
mine the Amount, Manner, Time, and Persons (such sapemumated
Persons to be in the Service of such Pilotage Authority) ^*^^^ •
to and in which and by and upon whom the Contribu-
tions in support of such existing or future Funds may be
made or levied ; and further, to declare the Persons or
Class of Persons, (such Persons or Class of Persons
being confined to Men in the Service of such Pilotage
Authority, their Wives, Widows, or Children,) entitled
to participate in the Benefits of such existing or future
Funds, and the Terms and Conditions upon which they
are to be so entitled :
(8.) To repeal or alter any Byelaw made in exercise of the To alter Bye-
above Powers, and to make a new Byelaw or new Bye- !*▼*•
laws in lieu thereof:
And every Byelaw duly made by any Pilotage Authority in exer^
else of the Powers hereby given to it, shall be valid and efiectual,
notwithstanding any Act of Parliament, Rule, Law, or Custom to
the contrary.

884. Every Byelaw proposed to be enacted by any Pilotage Pablieationof
Authority in pursuance of the foregoing Powers shall, before it Byelaws.

is submitted to Her Majesty in Council for Her Assent, be pub-
lished in such Manner as may from Time to Time be prescribed by
the Board of Trade.

885. Eveiy Order in Council made in pursuance of the Pro- Bvelaws ta be
visions herein-before contained shall be laid before both Houses of hud before
Parliament as soon as possible after the making thereofik Pftrliament

836. If the greater Part in Number of the qualified Pilots Power of
belonging to any Port, or the Local Marine Board, where there is Appeal to
one, or at any Port where there is no Local Marine Board, if any Boardof Trade.
Masters, Owners, or Insurers of Ships, being not less than Six in
Nomber, consider themselves aggrieved by any Regulation or Bye-
law in force when this Act comes into operation or hereafter
made under some Authority other than the Provisions of this
Act, or by any Defect or Omission therein, they may appeal to
the Board of Trade, and the ^id Board may thereupon revoke
or alter any such Regulation or Byelaw or may make Additions
thereto in such Manner as, having regard to the Interests of the
Persons concerned, may appear to be just and expedient; and
every Order so made shall bs conclusive in the Matter.

Returm by PUotage AuthorMet {^General). JRebmtM

i87. Every Pilotage Authority shall deliver periodically to the ^'ilSb?^
Boaid of TnMle, in such Form and at such Times as such Board (GoMrai).
requires, Retains of the following Particulars with regard to -^
iHlotage within the Port or District under the Jurisdiction of such Fllotsge
Aiithofi^;^thatisto^say,) ^ ^ ,. • miSTftS" ^

(L) AH Byelaw% Regoktions, Orders, or Ordinances relating Sh^^^ij^
to Pilots or Pibtage for the Time being, in f<»oe:. Board of TMe

N n 4 (2). The

553 C. 104* 17* & 18* VICTOBIiE. A.D.1854*

of o«rtaiii (2.) The Names and Ages of all Pilots or Appfentlaes Ueensed

FartieiilmoQB or authorized to act hj such Authority, and of all Pilots

^^oted with fff Apprentices acting either mediatelj or inunediatelj

^^'^'^ under such Authority, whether so licensed or authonaed

or not :
(3.) The Service for which each Pilot or Apprentice is licenaed :
(4.) The Rates of Pilotage for the Time being in force, in*
eluding therein the Rates and Descriptions of all Chai^ges
upon Shipping made for or in respect of Pilots or
Hlotage:
(5.) The total Amount received for Pilotage, distinguishing the
several Amounts received from British Ships and from
Foreign Ships respectively, and the several AnKwats
received in respect of different Classes of Ships paying
different Rates of Pilotage, according to the Scale of
such Rates for the Time being in force, and the several
Amounts received for the several Classes of Sefvieo
rendered by Pilots ; and also the Amount paid by Meh
Ships (if any) as have before reaching the outer Limits
of Pilotage Water if outward-bound, or their Port of
Destination if inward-bound, to take or pay for Two or
more Pilots, whether licensed by the same or by diflbreni
Pilotage Authorities ; together with the Numbers of llie
Ships of each of the several Classes paying such several
Amounts as aforesaid :
(6.) The Receipt and Expenditure of all Monies reodved by
or on behalf of such Authority, or by or on behalf oif
any Sub-Commissioners appointed by them, in respect of
Pilots or Pilotage :
And shall allow the Board of Trade, or any Persons appdnted by
such Board for the Purpose, to inspect any Books or Documents
in its P^session relating to the several Matters herein-bofore
required «) be returned to the Board of Trade.
If kMsl Aatho- 838. l£ any of such Pilotage Authorities as afwesaid (other
n^^^^« than the Triniiy House, or Sub-Commissioners of Pilotage ap-
2j^[J2J™Jj^ pointed by it, as herein-after mentioned,) fail to deliver to the
^^l^^^li^ Board of Trietde the periodical Returns herein-before required
msy he tnM»>' within One Year of such Time as may be fixed by such Board for
ferred to tbe the Purpose, or if any of such Authorities do not allow the said
Trinity Hoqve. Board, or any Persons who may bo appointed by it for tho Pur-
pose, to inspect any Books or Documents in thehr Possession
relating to the Matters berein-beforo required to be returned by
them, it shall be lawful for Her Majesty, by and with the Advice
of Her Privy Council, to direct that all the Rights and Powers of
such Authorities in respect of Pilotage shall cease or bo suspended
during such Time as Her Majesty directs ; and thereupon the
Trinify House shall thereafter or during such Time as such Sus-
pension may continue^ have and exercise the same Powers of
appointing Sub-Commissioners of Pilotage, and of lieenaing Pilots,
and of establishing and altering Rates of Pilotage, wi&in the
District within which the Authority so making defiiult has pre*
viously appointed or licensed Pilots, as it is by this Act autfaoriaed
to exercise in any District for which no particukr Provision is
made by ai^ Act of Parliament or Charter for the Appointmeni

of

A.D;1854 17^ & 18° VICTORIA C-104. 66$

of Pifeits^ and tiM& aim during such Time as aforesaid have and Jlttenw ay
ezerciae tiie same Rights, Title, and Powers to and in respect of f^fy^,
mj Pilotage Funds or other Pilotage Property which the said f^e^^^'

Pilotage Authorities would or might have had or exercised if not ^ ^

so suspended as aforesaid.

3M. The BoArd of Trade shall without Delay cause the several Betamt to lie
Returns hofiain-foefore required to be made to such Board to be l*id before
Ud before both Houses of Parliament PtoUsment

Licensing of Masters and Mates ( General.) Licensing

840. The Master or Mate of any Ship may, upon giving due ^^ iE^?e/

Notice, and consenting to pay the usual Expenses, apply to any {General),

Pilotage Authority to be examined as to his Capacity to pilot the

Ship of which he is Master or Mate, or any One or more Ships Master or Mate,
belonging to the same Owner, within any Part of the District ?J^!l!!?*to
over which such Pilotage Authority has Jurisdiction ; and such JJI^?!^^iiot.
Master or Mate shall if such Authority thinks fit, thereupon be gge Certificate^
examined ; and if found competent a Pilotage Certificate shall be enablmg him to
granted to him, cont^ning his Name^ a Specification of the Ship pilot particular
or Ships in respect of which he has been examined, and a Descrip- ^^P^
tion of the Limits within which he is to pilot the same, such
Limits to be within such Jurisdiction as aforesaid ; and such Cer-
tificate shall enftble the Person therein named to pilot the Ship or
any of the Ships therein specified, of which he is acting as Master
or Mate at the Time, but no other, within the Limits therein
described, without incurring any Penalties' for the Non-employ-
ment of a qualified Pilot.

34L The Pilotage Certificate so granted shall not be in force Renewal of
for more than One Year, unless the same is renewed, which may Pilotage
from Time to Time be done by an Indorsement under the Hand of Certificate.
the Secretary or other proper Officer of the Authority by whom
8ueh Certificate was granted.

842. If upon Complaint to the Board of Trade it appear to Boaid of Trade
Boch Board that any such Authority as aforesaid has without to examine and
reasonable Cause refused or neglected to examine any Master or grant Pilota^
Mate who has applied to them for the Purpose, or after he has SSlwaiiUP^
passed the Examination has without reasonable Cause refused or ^^ Ai^oritiet
neglected to grant him a Pilotage Certificate, or that the Examina* reftiatngtodoao,
tion of any such Master or Mate has been unfairly or improperly
conducted, or that any Terms imposed or sought to be imposed by
aoch Authority are unfair or improper, or that any Pilotage Certifi-
cate granted by such Authority has been improperly withdrawn,
the ^>ard of Trade may, if in its Judgment the Circumstances
appear to require it, appoint Persons to examine such Master or
Mate, and if he is found competent may grant him a Pilotage
Cfurtificate, containing the same Particulars as would have been
inaertadin any Certificate granted by such Pilotage Authorities as
afnronaifl, upon such Terms and Conditions, and subject to such
Regulations, as such Board ma^ think fit ; and such Certificate
shall have the same Effect as if it had been granted by such
Pilotage Authority as aforesaid ; and such Certificate shall be in
focoe for One Year, and may be renewed from Year to Year, either
hgr the said Authorities in oAnnor herein»before mentioned, or by
the Beard of Trade, if such Board thinks fit, such Benewal to be

indorsed

654 C.104. 17« & W VICTOEL& A.D.1864.

lAeensing indorsed on the said Certificate^^ either by audi Berwm as the

o/MoHers Board of Trade may i^»point for the Farpdse, or in manner

and Maus herein-before provided as to Certificates granted by any FUotage

(Genera/;. Authority.

Fees to be paid 848. All Masters or Mates to or for whom any snch Pilotage
upon such Oer- Certificates as aforesaid are granted or renewed by any Pilotage
tificatesaadUie Authority shall pay to such Authority, or as it directs, such Fees
^^^ upon their respective Certificates and upon the Renewals thereof,

as are from Tim6 to Time fixed for that Purpose by such Autho-
rity, with the Consent of the Board of Trade ; and all Masters
and Mates to or for whom any such Certificates are granted or
renewed by the Board of Trade shall pay to such Board, or as it
directs, such Fees upon their Certificates and upon the Renewals
thereof as may be fixed by such Board, so nevertheless that in the
Case of Pilotage Certificates granted or renewed by the Board of
Trade such Fees shall in no Case be less than the Fees payable
by the qualified Pilots in the same District upon their Licences
and the Renewal thereof; and such Fees shall in the Case of Cer-
tificates and Renewals granted by Pilotage Authorities be appli-
cable either to paying ^e Expense of the Examinations, or any
other general Expenses connected with Pilotage incurred by such
Authorities, or to the Pilots Superannuation Fund of the District
(if any), or otherwise for the Benefit of the Pilots appointed by
such Authorities, as such Authorities think fit ; and snch Fees
shall in the Case of Pilotage Certificates granted or renewed by the
Board of Trade be applicable to the Expense of the Examinations,
and the Surplus (if any) shall be applied for the Benefit of the
qualified Pilots of the Port or District to which such Certificates
apply, in such Manner as such Board thinks fit

Power to with- 844. If at any Time it appears to the Board of Trade or to
draw Pilotage any Pilotage Authority that any Master or Mate to whom %
Certificates. Pilotage Certificate has been granted by snch Board or Authority
has been guilty of Misconduct, or has shown himself ineompetent
to pilot his Ship, such Board or such Authority (as the Case may
be) may thereupon withdraw his Certificate, and such Certificate
shall thenceforth cease to be of any Efiect whatever.

• Piht BoatM PUot Boats (General),

jGeneral). ^^ j^ g^^ ^^ gj^^^ regularly employed in the Pilotage

Pilut Boats bow Service of any District shall be approved and licensed by the
to be prorided. Pilotage Authority of such District, who may, at their DiscretioD,

appoint and remove the Masters of such Boats and Ships.
Characteristics 846. Every Pilot Boat or Ship shall be disttngnished by the
of Pilot Boats, following Characteristics ; (that is to say,)

. (1.) A Black Colour painted or tarred outside, with the Exeep-
tion of such Names and Nmnbers as are herein-iafter
mentioned ; or such other distinguishing Ci^omr or
Colours as the Pilotage Authority of the District, with
the Consent of the Board of Trade, directs :
(2.) On her Stem the Name of the Owner th^vof and the Port
to which she belongs painted in White Letters mt least
One Inch broad and Three Inches long, and on eadi
Bow the Number <rf the Licenoe of sooh Boat or SUp :

(8.) When

A.D.1884t 17' & 18^ VICTORIJEl Q. 104i 556

(3.) When afloat» a Flag at the Mast*head or on a Sprit or Staffi PHot Boau
or in some other equally conspicuoas Situation ; such ^Gtkeral).
Flag to be of large Bimensions compared with the Size
of the Boat or Ship carrying the same, and to bo of Two
Colours, the upper horizontal Half White, and the lower
horizontal Half Red :
And it shall be the Duty of the Master of such Boat or Ship to
attend to the following Particulars : First, that the Boat or bhip
possesses all the above Characteristics ; secondly, that the afore«
said Flag is kept clean and distinct, so as to be easily discerned at
a proper Distance ; and,' lastly, that the Names and Numbers
before mentioned are not at any Time concealed; and if default
is made in any of the above Particulars he shall incur a Penalty
not exceeding Twanty Pounds for each Default

847. Whenever any qualified Pilot is carried off in a Boat or Qnab'fied Pilot
Ship not in the Pilotage Service he shall exhibit a Flag of the to display Flag
above Description, in order to show that such Boat or Ship has a SS"*^^*^* "^
qualified Pilot on board ; and if he fails to do so, without reason- ^ ^
aUe Cause, he shall incur a Penalty not exceeding Fifty Pounds.

848. If any Boat or Ship, not having a licensed Pilot on board, Penalty on
displays a Flag of the above-mentioned Description, there shall be ^^^^'7 ^t
incurred for every such Offence a Penalty not exceeding Fifty ^^y"»«*^<^
Pounds, to be recovered from the Owner or from the Master of

such Boat or Ship.

PUot Licences ( General). PObt Licences

849.. Every qualified Pilot on his Appointment shall receive a (fitneral).
Licence, containing his Name and usual Place of Abode, together Kegistrv of
with a Description of his Person, and a Specification of the Limits Pilot Licence.
within which he is qualified to act : And it shall be the Duty of
the principal Officer of Customs at the Place at or nearest to
which any qualified Pilot may reside, upon his Bequest, to register
kifl lieence ; and no qualified Pilot shall be entitled to act as such
until his Licence is so registered ; and any qualified Pilot acting
beyond the Limits for which he is qualified by his Licence shaU
be eonsidered as an unqnalified Pilot.

860. Every qualified Pilot shall, upon receiving his Licence, Copiefl of Be-
be furnished with a Copy of such Part of this Act as relates to golations to be
Pilotage, together with a Copy of the Rates, ByeUws, and R^u- ^"1 J^_^
lations established within the District for which he is licensed i q^^ed Pilot,
and he shall produce such Copies to the Master of any Ship, or duced by £m[
other Person employing him, when required to do so, under a
Penalty in case of Default not exceeding Five Pounds.

86L Every qualified Pilots while acting in that Capacity, shall Qualified Pilot
be provided with his Licence, and produce the same to every Per- JP pwdnce
son by whom he is employed, or to whom he tenders his Services j **!J?* ^ '
aa Piloi; and if he refuses to do so at the Bequest of such Person, ^ ^^
be shall incur for each Offence a Penalty not exceeding Ten
Pounds, and shall be subject to Suspension or Dismissal by the
Pilotage Authority hj whom he is licensed.

862. Every qualined Pilot, when required by the Pilotage I/tcenoes to be
Authority wiio appointed him, shall produce or deliver up las delivered np,
Uoemee ; and on the Death of any qualified Pilot the Person into ^^J^i^'
wImmo Handa his Licence happens to fall shall without Delay ^jj^^

transmit

556

0.104.

17* & 18* VICTOBI-ffi.

A.D.1854.

{Ckmerat).

CompvltoiT
Pilataae,iii
what Mode to
be enforced.

HomelMlA

Fhsieiiger

Shipitoeniplojr

qualified Pilots,

nnleHtheyhaYe

oertifieated

Masters w

Certificates,
how to he

granted
Masters

itedtosQch

and

tnuumit the same to the Pilotage Anthoritj who appointed Hie
deoeaaed Pilot ; and any Pilot or Person failing to complj with
the ProTiaions of this l^eetion shall incur a Penaltj not exceeding
Ten Pounds.

Campubory Pilotage ( General).

858. Subject to anj Alteration to be made bj anj Pilotage
Authority in pursuance of the Power herein*before in that BebM
eiren, the Employment of Pilots shall continue to be compulsory
m all Districts in which the same was by Law compulsory imme-
diately before the Time when this Act comes into operation ; and
all Exemptions from compulsory Pilotage then existing within
such Districts shall also continue in force ; and every Master of
any unexempted Ship navigating within any such District who^
after a qualified Pilot has offered to take charge of such Ship or
has made a Signal for that Puxpose, either himself pilots snch Ship
without possessing a Pilotage Certificate enabling him so to do, or
employs or continues to employ an unqualified Person to pilot her,
and every Master of any exempted Ship navigating within any
such District who after a qualified Pilot has offered to take ehaige
of such Ship or has made a Signal for that Purpose eoii^ys or
continues to employ an unqualified Pilot to pilot her, shall for
every such Qfience incur a Penalty of double the Amount of
Pilotage demandable for the conduct of such Ship.

864. The Master of every Ship carrying Passengers between
any Place situate in the United Kingdom, or the Islands of
Guemeeyy Jereey^ Sark^ Aldemey^ and Man^ and any oth^ Place
so situate, when navigating upon any Waters situate within the
Limits of any District for which Pilots are licensed by any Pilotage
Authority under the Provisions of this or of any other Act, or
upon any Part thereof so situate, shall, unless ho or his Male has
a Pilotage Certificate enabling such Master or Mate to pilot the
said Ship within such District, granted under the Provisions
herein-before contained, or such Certificate as next hereinnifter
mentioned, being a Certificate applicable to such District «nd to
such .Ship, employ a qualified Pilot to pilot his Ship ; and if he
fails so to do he shall for every Ofience incur a Penal^ not
exceeding One hundred Pounds.

865. Any Master or Mate of a Ship which by the laai pre*
ceding Section is made subject to compulsory Pilotage may apply
to the Board of Trade for a Certificate, and the Board of Trade
shall thereupon* on satisfactory Proof of his having oontinnoualy
piloted any Ship within the Limits of any Pilotage District or
of any Part or Parts thereof for Two Years prior to the Com-
mencement of this Act, or upon satisfactory Proof by Examinntiim
of his Competency, or otherwise as it may deem expedient, cause
to be granted to him, or to be indorsed on any Certificate of Coas-
potency or Service obtained by him under the Third Part of this
Act, a Certificate to the Effect that he is authorised to pilot any
Ship or Ships bebnging to the same Owner, and of a Draft <m
Water not greater than such Draft as may be specified in the Cer-
tificate within the Limits aforesaid; and the said Certificate shall
remain in force finr such Time as the Board of Trade dhraeta,
and shall enable the Master or Mate therein named to conduct

the

A.Da854. 17'' & 18' YICTOBIiB. C. 101. 657

the Ship or Ships therein Bpeeifled within the limits therein CbMpiibofy
described to the same Extent as if the last preceding Section had .^^^
not been passed, hut not further or otherwise ; and every snch iGmiarai).
If aster or Mate shall, upon applying for such Certifieate or for
any Renewal thereof, pay to the Board of Trade or as it directs
each Fees not exceeding the Fees payable on an Examination for
a Master's Certificate of Competency under the Third Part of
this Act as the Board of Trade directs; and such Fees shall be
applied in the same Manner in which the Fees payable on such
last-mentioned Examination are made applicable.

JtMJUf, Privi*
BighU^ jmvikffes, and Remuneraium of PUois ( General) letfei^ amd

850. If any Boat or Ship, having a qualified Pilot on board, of PSlot$
leads any Ship which has not a qualified I^lot on board when (GeacrafX
such hisi-mentioned Ship cannot from particular Circumstances onaiiAilViW
be boarded, the Pilot so loading such last-mentioned Ship shall ^uetobowd
be entitled to the full Pilotage for the Distance run as if he had irhen entitled
actually been on board and had charge of such Ship* to Pilotige.

867. No Pilots except under Circumstances of unavoidable ASowaneeto
Keeessity, shall without his Consent be taken to Sea or beyond ^puOified F^
the Limtls for which he is licensed in any Ship whatever; and ^^x!^
every Pilot so taken under Circumstances of unavoidable Neces-
sity or without his Consent shall be entitled, over and above his
Pilotage, to the Sum of Ten Shillings and Sixpence a Day, to be
computed firom and inclusive of the Day on which such Ship
passes the Limit to which he was engaged to pilot her up to and
indnsive of the Day of his being returned in &e said Ship to the
Place where he was taken on board, or up to and inclusive of such
Day as will allow him, if discharged from the Ship^ sufficient
Time to return thereto ; and in such last-mentioned Case he shaU
be entitled to his reasonable travelling Expenses.

808. Any qualified Pilot demanding or receiving, and also any Penalty on re-
Master offering or paying to any Pilot, any other Bate in respect oeiringorclfer.
of Pilotage Services, whether greater or less, than the Bate for the j^^^*^*^
Hme being demandable by Law, shall for each Offence incur %
Penalty not exceeding Ten Pounds.

800. If any Master, on being requested by any qualified Pilot Fnslty on
having the Charge of his Ship to declare her Draught of Water, !!^J[i^
I'gfttses to do so^ or himself makes or is privy to any other Peiaon ^^^j^^^
making a false Declaration to snch Pilot as to such Draught, he gh^^orftUIW
shall incur a Penalty for every such Offimce not exceeding double Sagjlarki.
the Amount of Pilotage which would have been payable to the
Pilot making such Beauest; and if any Master or other Person
isteiested in a Ship makes or is privy to any other Person making
any finudulent Alteration in the Marks on the Stem or Stem Post
of snch Ship denoting her Draught of Water, the Offender shall
incur a Penalty not exceeding Five hundred Pounds.

800. A qualified Pilot may supersede an unqualified Pilot, but Power of qostl-
it shall bo lawful for the Master to pay to such unqualified Pilot a fiefMoito
proportionate Sum for his Services, and to deduct the same from J^SifJtS:
the Chaige of the qualified Pilot; and in case of Dispute the ^"*™^''^
Pilotage Authority by whom the qualified Pilot is licensed shall
determine the proportionnte Sums to which each Ptarty is entitled.

55SE

ait)4;

1:7^ & 180 VICTORUE.

A.D.1854.

Penalty <m na-
qualified Per-
son acting as
PUot

Occasions on
which unli-
censed Persons
may act as
POots.

Liability for
and Recovery
of Pilotage
Does.

Power for Con-
signees to retain
PUotageDues
paid by them.

OfffiHcesof

POots
(jQeMeral),

Penalties on
qualified Pilot:
exercising
certain Irades;

offending
against Keve-
noe;

guilty of corrupt
Plracticess

S6L An unqaalified Pilot assuming or continuing in the Charge
of any Ship after a qualified Pilot has offered to take charge of
her, or using a Licence which he is not entitled to use for the Pur-
pose of making himself appear to be a qualified Pilot, shall for each
Offence incur a Penalty not exceeding Fifty Pounds.

362. An unqualified Pilot may, within any Pilotage Districts
without subjecting himself or his Employer to any Penalty, take
charge of a Ship as Pilot under the following Circumstances; Uiat
is to. say.

When no qualified Pilot has offered to take charge of such Ship,

or made a Signal for that Purpose; or
When a Ship is in Distress or under Circumstances making it
necessary for the Master to avail himself of the best Assistance
which can be found at the Time; or
For the Purpose of changing the Moorings of any .Ship inPol-t^
or of taking her into or out of any Dock, in Cases ^here such
Act can be done by an unqualified Pilot without infringing
the Regulations of the Port^ or any Orders which the Ilarbour
Master is legally empowered to give. ''

808. The following Persons shall be liable to pay Pilotage Duos
for any Ship for which the Services of a quaMed Pilot are ob-
tained ; (that is to say), tlie Owner or Master, or such Consignees
or Agenl4i thereof as have paid or made themselves liable to pay
any other Charge on account of such Ship in the Port of her
Arrival or Discharge, as to Pilotage Inwards, and in the Port from
which she clears out as to Pilotage Outwards; and in default of
Payment such Pilotage Dues may be recovered in the same Manner
as Penalties of the hke Amount may be recovered bj virtae of
liiis Act; but such Recovery shall not take plaee until a prevtoua
Demand thereof has been made in Writing, and the Dues so
demanded have remained unpaid for Seven Days after die Time
of such Demand being made.

864. £very Consignee and Agent (not being the Owner or
Master) hereby made liable for the Payment of Pilotage Dues in
respect of any Ship may, out of any Monies in his Hands received
on account of such Ship or belonging to the Owner thereof, retain
the Amount of all Dues so paid by him together with any rea-
sonable Expenses he may have incurred by reason of such Pay*
ment or Liability. <^\

Offences of Pihie (General).

865. If any qualified Pilot Commits any of the foHowing
Offences, (that is to say,)

(1.) Keeps himself, or is interested in keeping by any Agent,
Servant, or other Person, any Public House or Place of
public Entertainment, or sells or is interested in selling
any Wine, Spirituous Liquors, Tobacco, or Tea j

(2.) Commits any Fraud or other Offence against the Reve-
nues of Customs or Excise or the Laws relating
thereto ;

(3.) Is in any way directly' or indirectly concerned in any
corrupt Practices relating to Ships, their TacUe, Fur-
niture, Cargoes, Crews, or Passengers^ or to Persons in

Dia^/ress

AIX1854. ir"" & 18<» YICTOKLS. 0.104. 569

DistreBS at Sea or by Shipwreck, or to their Monies,
Goodfl, or Chattels ;
^4.) Lends his Licence ; lending Li-

(5.) Acts as Pilot whilst suspended ; ^^^ i

(6.) Acts as PUot when in a State of Intoxication ; J^ JJ*."

(7.) Employs or causes to be employed on board any Ship of JlS^when
which he has thei Charge any Boat, Anchor, Cable, or dnmk ;
other Store, Matter, or Thing beyond what is necessary anneccMarilj
for the Service of such Ship, with the Litent to enhance causing £x-
the Expenses of Pilotage for his own Gain or for the P^^*® >
Gain of any other Person ;
(8.) Befuses or wilfully delays, when not prevented by Illness declining to
or other reasonable Cause, to take charge of any Ship go off i
within the Limits of his Licence upon &e Signal for a
Pilot being made by such Ship, or upon being required
to do so by the lihister, Owner, Agent, or Consignee
thereof, or by any Officer of the Pilotage Authority by
whom such Pilot is licensed, or by any principal Officer
of Customs ;
(9.) Unnecessarily cuts or slips or causes to be cut or slipped tmnecettarily
anjr Cable belonging to any Ship j cutang Cable ;

(10.) Befuses, on the Request of the Master, to conduct the refining to
Ship of which he has the Charge into any Port or Place conduct Ship
into which he is qualified to conduct the same, except ^^ ^^^ '
on reasonable Ground of Danger to the Ship ;
(IL) Quits the Ship of which he has the Charge, without the quitting Ship.
Consent of the Master, before the Service for which he
was hired has been performed ;
He shall for each such Offence, in addition to any Liability for
Damages at the Suit of the Person aggrieved, incur a Penalty not
exceeding One hundred Pounds, and be liable to Suspension or
Dismissal by the Pilotage Authority by whom he is licensed ; and
every Person who procures, abets, or connives at the Commission
of any such Offence shall likewise, in addition to any such Liability
for Damages as aforesaid, incur a Penalty not exceeding One hun^
dred Pounds, and, if a qualified Pilot, shall be liable to Suspension
or Dismissal by the Pilotage Authority by whom he is licensed.

366. If any Pilot, when in charge of any Ship, by wilful Breach Penalty on
of Duty or by Neglect of Duty, or by reason of Drunkenness, does Mot endMigr*
any Act tending to the immediate Loss, Destruction, or serious *ng Ship, Life,
Damage of such Ship, or tending immediately to endanger the Life ^' ^^
or Limb of any Person on board sucli Ship ; or if any Pilot, by
wilful Breach of Duty or by Neglect of Duty, or by reason of
Drunkenness, refuses or omits to do an^ lawful Act proper and
requisite to be done by him for preserving such Ship from Loss,
Destruction, or serious Damage, or for preserving any Person be-
longing to pr on board of such Ship from Danger to Life or Limb ;
the Pilot so offending shall for each such Offence be deemed guilty
of a Misdemeanour, and, if a qualified Pilot, also be liable to Sus*
pension and Dismissal by the Authority by which he is licensed.

867. If any Person, by wilful Misrepresentation of Circum- Penalty on Pilot
stances upon which the Safety of a Ship may depend, obtains or in charge of a
endeavours to obtain the Charge of such Ship, such Person, and ^?^ ^^
every other Person procuring, abetting^ or conniving at the Com- Aiguiy.

mission

660

0.104.

170 & 18« VICTOBLffi.

A.IX1854.

General Fdwer

of
Drmi^ House.

Power of
Trinity Hoose
to alter Bega-
latiooa.

sumere

andPOois

(TrimityHmue.)

Power of
Trinity House
to appoint Sub-
Commiasionenk

Trinity Honte
to lioenae Filotf
to act within
certain limits.

Publication of
Notice of li-
cences of Pilots
by the Trinity
Uoiisecf Pilots.

miBsion of such Offence shall, in additicm to any Liability for
Damages at the Suit of the Party aggrieved, incur a Penalty not
exceeding One hundred Pounds, and, if the Offender is a qnalified
Pilot) he shall also be liable to Suspension or Dismissal by the
Pilotage Authority by which he is licensed.

(jreneral Power of TVmti^ Souse.

868. The Trinity House may, in exercise of the general Power
herein-before given to all Pilotage Authorities of doing certain
Things in relation to Pilotage Matters, alter such of the Pro-
visions herein-after contained as are expressed to be subject to
Alteration by them in the same Manner and to the same Extent
as they might have altered the same if such Provisions had been
contained in any previous Act of Parliament instead of in this
Act.

Sub* Commissioners and Pilots ( Trinity House).

869. The Trinity House shall continue to appoint Sub-Com-
missioners, not being more than Five nor less than Three in
Number, for the Purpose of examining Pilots in all Districts in
which they have been used to make such Appointments, and may,
with the Consent of Her Majesty in Council, but not otherwise,
appoint like Sub-Commissioners for any other District in which no
particular Provision is made by any Act of Parliament or Charter
for the Appointment of Pilots ; but no Pilotage District already
under the Authority of any Sub-Commissioners appointed by the
Trinity House shall be extended, except with such Consent as
aforesaid, and no Sub-Conmiissioners so appointed shall be deemed
to be Pilotage Authorities within the Meaning of this Act

870. The Trinity House shall continue, after due Examination
by themselves or their Sub-Commissioners, to appoint and license
under their Common Seal Pilots for the Purpose of conducUng
Ships within the Limits following or any Portion of such Limits ;
(that is to say,)

(L) "The London District," comprising the Waters of the
Thames and Medway as high as London Bridge and
Rochester Bridge respective)^, and also the Seas and
Channels leading thereto or therefrom as far as Orford'
ness to the North and Dungeness to the South; so, never-
theless, that no Pilot shall be hereafter licensed to
conduct Ships both above and below Chravesend:

(2.) "The English Channel District," comprising the Seas
between Dungeness and the Isle of Wight:

(3.) "The Trinity House Outport Districts," comprising any
Pilotage District for the Appointment of Pilots within
which no particular Provision is made by any Act of
Parliament or Charter.

871. Subject to any Alteration to be made by the Trini^f Bouse,
the Names of all Pilots licensed by the Trinity House shall bo
published in manner following; (that is to say,)

(L) The Trinity House shall at their Hooee in London fix up a
Notice specifying the Name and usual Place of Abode of
every PUot so licensed, and the Limits within whicb be
is licensed to act; _

(2). He

A.D.1854.

17« & 18« VICTORIiE.

C.104.

561

(2,) Tho Trinity House shall transmit a Copy of such Notice
to the Commissioners of Customs in London^ and to the
principal Officers of Customs resident at all Ports within
the Limits for which such Pilot is licensed ; and such
Notice shall be posted up by the Commissioners at the
Custom House in London^ and by such Officers at the
Custom Ilouses of the Ports at which |hey are respec-
tively resident.
S72. Subject to any Alteration to be made by the Trinity House,
erery Trinity House Pilot on his Appointment shall execute a
Bond for One hundred Pounds conditioned for the due Observance
on his Part of the Regulations and Byelaws of the Trinity House^
siich Bond to be free from Stamp Duty, and from any other Charge
except the actual Expense for preparing the same.

373. No qualified Pilot who has executed such Bond as is herein-
before mentioned shall be liable for Neglect or Want of Skill
beyond its Penalty and the Amount of Pilotage payable to him in
respect of the Voyage on which he is engaged.

374k Subject to any Alteration to bo made by tho Trinity
House^ no Licence granted by them shall continue in force beyond
the Thirty-first Day of January next ensuing the Date of such
Licence, but the same may, upon tho Application of the Pilot
holding such Licence, be renewed on such Thirty-first Day of
January m every Year, or any subsequent Day, by Indorsement
under the Hand of the Secretary of the Trinity House, or such
other Person as may be appointed by them for that Purpose.

375. Tho Trinity House shall have Power to revoke or suspend
the Licence of any Pilot appointed by them, in such Manner and
at such Time as they think fit.

Compulsory Pilotage ( Trinity House).

376. Subject to any Alteration to be made by tho Trinity
House, and to tho Exemptions herein-after contained, the Pilotage
Districts of the Trinity House within which the Employment of
Pilots is compulsory are the Tendon District, and the Trinity
House Outport Districts, as herein-bcfore defined ; and the Master
of every Sliip navigating within any Part of such District or Dis-
tricts, who, after a qualified Pilot has oflered to take charge of
such Ship, or has made a Signal for that Purpose, either himself
pilots such Ship without possessing a Certificate enabling him so
to do, or employs or continues to employ an unqualified Person to
pilot her, shall for every such Offence, in addition to the Penalty
herein-beforo specified, if the Trinity House certify in Writing
under their. Common SJcul that tlie Prosecutor is to be at liberty to
proceed for the Recovery of such additional Penalty, incur an
additional Penalty not exceeding Five Pounds for every Fifty
To;i3 Burden of such Shjp,

377. Subject to any Alteration to be made by the Trinity House,
a sufficient Number o.f qualified Pilots shall always be ready to
take charge of Ships coming from tho Westward past Dungeness ;
and the Trinity House shall, by Byelaw to bo made in the same
Manner as other Byelaws made under the Powers herein con-
tained, make such Regulations with respect to tho Pilots under

17 & 18 Vict. O o their

Suh'CommiS'

sionera

and Pilots

( Trinity House),

Bonds to be *
given.

Liability
limited.

Continuance
and Renewal of
Licences.

Power to revoke
and suspend
Licences.

Compulsory

Pilotage

(^TrinityUouse),

Penalty on
Masters of Ships
employing un-
licensed Pilots,
or acting as
Pilot

Trinity Bouse
to make Regu-
lations for a
constant Supply
of qualified
Pilots at
Dungeness.

5B2 C.104: 17* & 18** VICTORIA.: AD.1854.

Comjndtory their Control as may be necessary in order to provide for an unin-
Piioiagt termitted Supply of qualified Pilots for such Ships, and to insure
(TrinityHoiue). ^^^^ constant Att*;ndanco upon and due Performance of their
Duty both by Night and Day, whether by cruizing between the
SoiUh Forelfind and Dungeness, or by going off from Shore upon
Signals made for the Purpose, or by both of such Means, or by any
other Means, and whether in rotation or otherwise, as Ui6 Trinity
House think fit.
Ship coming 378. Subject to any Alteration to be made by the Trinity

past Dungeness jjouse^ every Master of any Ship coming from the Westward, and
on*^?fo toke ^""^ ^ ^"7 I^^ace in the Rivers Thames and Medvsay, (unless she
the first quali- h*s a qualified Pilot on board or is exempted from compulsory
fied Pilot who Pilotage,) shall, on the Arrival of such Ship ofiT Dungeness^ and
ofiers. thenceforth until she has passed the South Buoy of the Brake^ or

a Line to be drawn from Sundown Castle to the said Buoy, or
until a qualified Pilot has come on board, display and keep flying
the usual Signal for a Pilot ; and if any quaHfied Pilot is williin
Hail, or is approaching and within Half a Mile, and has the
proper distingiiishing Flag flying in his Boat, such Master shall,
by hoaving-to in proper Time or shortening Sail, or by any prac-
ticable Means consistent with the Safety of his Ship, facilitate
such Pilot getting on board, and shall give the Charge of piloting
his Ship to such Pilot; or if there are Two or more of such
Pilots ofiering at the same Time, to such One of them as may,
according to the Regulations for the Time being in force, be
Penalty on entitled or required to take such Charge ; and if any such Master
HMters iailiiig f^\i^ ^ display or keep flying the usual Signal for a Pilot in
SiffSforP^ manner herein-before required, or to facilitate any such qualifled
^^ Pilot as aforesaid getting on board as herein-before required, or

to give the Charge of piloting his Ship to such Pilot as herein-
before mentioned in that Behalf, he shall incur a Penalty not
exceeding double the Sum which might have been demanded for
the Pilotage of his Ship, such Penalty to be paid to the Trinity
House, and to be carried to the Account of the 7Vtm'(y House
Pilot Fund.

Exemptions 379, The following Ships, when not carrying Passengers, shall

^™^?."^' be exempted from compulsory Pilotage in the London District,
sory riiotage. ^^ .^ ^^^ Trinity House Outport Districts ; (that is to say,)

(1.) Ships employed in the Coasting Trade of the United

Kingdom :
(2.) Ships of not more than Sixty Tons Burden :
(3.) Ships trading to Boulogne or to any Place in Europe North

of Boulogne:
(4.) Ships from Guernsey, Jersey, Aldemey^ Sark, or Man,

which are wholly laden with Stone being the Produce

of those Islands :
(5.) Ships navigating within the Limits of the Port to which

they belong :
(6.) Ships parsing through the Limits of any Pilotage District

on their Voyages between Two Places both situate out

of such Limits, and not being bound to any Place within

such Limits nor anchoring therein.

Rates

A.D.1854. 17 « & 18" VICTORIJE. C.104. 563

Rates of Pilotage ( Trinity House), Rates of

' BBO, Subject to any Alteration to be made by the Trinity House, (TrivM^luseX

there shall continue to be paid to all Trinity House Pilots, in

respect of their Pilotage Services, such Dues as are immediately Kates of Pilot-
before the Time when this Act comes into operation payable to ^fS^-
them in respect of such Services.

881. Subject to any Alteration to be made by the Trinity House^ Payment of
and notwithstanding anything heroin-before contained, there shall £j|*^*^ ^"°
be paid in respect of all Foreign Ships trading to and from the gj^j" trad^
Port of London, and not exempted from Pilotage, the following to and from the
Pilotage Dues ; that is to say, as to Ships Inwards, the full Amount Port of London.
of Dues for the Distance piloted, and as to Ships Outwards, the

full Amount of Dues for the Distance required by Law ; and
Payment of such Pilotage Dues shall be made to the Collector of
Customs in the Port of London by some One or more of the fol-
lowing Persons, that is to say, the Master or other Person having
the Charge of such Ship, or the Consignees or Agents thereof who
have paid or made themselves liable to pay any other Charge for
such Ship in the said Port of London; and such Pilotage may be
recovered in the same Manner as other Pilotage Dues are herein-
before declared to be recoverable.

882. Subject to any Alteration to be made by the Trinity House, Certificate of
the said Collector of Customs shall, on receiving any Pilotage Dues S'^^'^^tn^ije
in respect of Foreign Ships, give to the Person paying the same a gj^^^
Receipt in Writing ; and no Officer of Customs in the Port of

London shall grant a Clearance or Transire for any such Foreign
Ship as aforesaid without the Production of such ^Receipt ; and if
any such Ship attempts to go to Sea without such Clearance or
Transire, any such Officer may detain her until the said Receipt
is produced.

888. Subject to any Alteration to be made by the TrimVy/fott^i?, AppU^tionof
the said Collector shall pay over to the Trinity House the Pilotage ^^Xm2^
Dues received by him in respect of any Foreign Ship ; and the
Trinity House shall apply the same in manner following :
In the first place, in paying to any Pilot who may bring sufficient
Proof of his having had the Charge of such Ship such Dues
as would have been payable to him for such Pilotage Service
if the Ship had been a British Ship, after deducting there-
from the Poundage due to the Trini^ House :
In the second place, in paying to any unlicensed Person who
may bring sufficient Proof of his having, in the Absence of a
licensed Pilot, had the Charge of such Ship, such Amount as
the Trinity House may think proper, not exceeding the
Amount which would under similar Circumstances have been
payable to a licensed Pilot, after deducting Poundage :
And lastly, shall pay over to the Trinity House Pilots Fund the

Residue, together with all Poundage deducted as aforesaid.
384. Whenever any DiflTerence arises between the Master and Settlement of
the qualified Pilot of any Ship trading to or from the Port of ^^^i^ ^
Lond^% as to her Draught of Water, the Trimty House shall upon ^^^"
Application by either Party, made, in case of a Ship Inward-
bound, within Twelve Hours after her Arrival or at some Time
before she begins to discharge her Cargo^ and in the Case of a

O o 2 Ship

564 C. 104J 17^ & 18« VICTORIA. A.D.1854.

SKip Outward-bound before she quits her Moorings, appoint some
proper Officer who shall measure the Ship, and settle the Differ-
ence accordingly : And there shall be paid to the Officer measuring
such Ship, by the Party against whom he decides, the following
Sums; (that is to say/) One Guinea if the Ship be below and Haff
a Guinea if the Ship be above the Entrance of the London Docks
at fVapping.

Piiot Fund Pilot Fund ( Trwift/ House),

( rtntty ouse). ^^^ Subject to any Alteration to be made by the Trinity Houie,
Payments to be there shall continue to be paid to them, and carried over to the
made to the Trinity House Pilot Fund, the Sums of Money following ; (that is
Pilot Fundi to say,)

(1.) A Poundage of Sixpence in the Pound upon the Pilotage
Earnings of all Pilots licensed by the Trinity House:
(2.) A Sum of Three Pounds Three Shillings to be paid on the
First Day of January in every Year by every Person
licensed by the Trinity House to act as Pilot in any Dis-
trict not under the Superintendence of Sub-Commis-
sioners, or in any Part of such District:
And any qualified Pilot giving a false Account of his Earnings, or
making default in Payment of any Sum due from him under this
Section, shall forfeit double the Amount payable, and shall further
be liable, at the Discretion of the Trinity House, to Suspension or
Dismissal.
Application of 386. Subject to any prior Charges that may be subsisting thereon
Fund. \^y virtue of any Act or Acts of Parliament or otherwise, the said

Trinity Hotise Pilot Fund shall be chargeable in the first instance
with such Expenses as the Trinity House may duly incur in Per-
formance of their Duties in respect of Pilots and Pilotage, and after
Payment thereof shall, subject to any Alteration to be made by
the Trinity House, be administered by the Trinity House for the
Benefit of such Pilots licensed by them after the First Day of
October One thousand eight hundred and fifty -three as are in-
capacitated for the Performance of their Duty by reason of Age,
Infirmity, or Accident, or of the Widows and Children of Pilots so
licensed, or of such incapacitated Pilots only.

Appointment of Appointment of Sub' Commissioners by Trinity Houses of Hull
Sub-Commis' ^nd Newcastle.

Trinity Houses 387. The Two Corporations of the Trinity Houses of the Ports
o/HuUand of Hull n,nd Newcastle shall continue to appoint Sub-Commis-
Newcastle. sioners, not being more ihan Seven nor less than Three in Number,
T '^'tvH ^^^ *^^ Purpose of examining Pilots in all Distiicts in which they

of^nSa and*^ \\vlyq been used to make such Appointments, and may, with the
Newcastle may Consent of Her Majesty in Council, but not othen^ise, appoint
appomt Sub- like Sub-Commissioners for any other District situate within their
Commissioners, respective Jurisdictions ; but no Pilotage District already under
the Authority of any Sub-Commissioners appointed by either of
the said Corporations shall be extended, except with such Consent
as aforesaid ; and no Sub-Commissioners appointed or to be ap-
pointed by the Trinity Houses of Hull and Netccastle shall be
deemed to be Pilotage Authorities within the Meaning of this Act,
nor shall anything in this Act contained be held to confer upon

the

A.D.1854. 17*^ & 18° VICTORIJE. C. 104. 665

the Comnussioners for regulating the Pilotage of the Fort of
KUngston-upon-HuU and of the ^i^qt Humher anj Jurisdiction of
ft different Nature or Character from that which the/ have hereto-
fore exercised.

Saving qf Owners and Masters Rights, Saoing of

888. No Owner or Master of any Ship shall be answerable to ^^'^j"'
any Person whatever for anj Loss or Damage occasioned bj the Jiights,
Fault or Incapacity of any qualified Pilot acting in charge of such - — '
Ship, within any IMstrict where the Employment of such Pilot is Non-liability of

compulsory by Law. 9.y^®' ^?**^

^ ^ ^ Pilotage is

compulsory.

PART VL
LIGHTHOUSES.

Management of Lighthouses. MoMogenient

889. Subject to the Provisions herein -after contained, and sub- y- h^
ject also to any Powers or Rights now lawfully enjoyed or ex- »g ouges,
ercised by any Person or Body of Persons having by Law or Management
Usage Authority over local Lighthouses, Buoys, or Beacons, herein- Ligbthooses,
after termed " Local Authorities," the Superintendence and Ma- Buoys, and
nagement of all Lighthouses, Buoys, and Beacons shall be vested ??^i? ^
in the following Bodies ; that is to say, House, ^m-

In England and ^Vales^ and the Islands of Jersey^ Guernsey^ missionen of
Sa^ and Aldemey^ and the adjacent Seas and islands, and Northern
in Heligoland and Gibraltary in the Trinity House: Lighthouses,

In Scotland and the adjacent Seas and Islands, and in the Isle p^vv^^!^
of Man^ in the Commissioners of Northern Lighthouses poration.
herein -after mentioned :
In Ireland and the adjacent Seas and Islands, in the Port of
Dublin Corporation :
And, subject to the Provisions herein-after contained, the said
Trinity Hottse^ Commissioners, and Corporation (herein-after
termed General Lighthouse Authorities) shall respectively con-
tinue to hold and maintain all Property now vested in them in
that Behalf in the same Manner and for the same Purposes as they
have hitherto held and maintained the same.

800. The Persons holding the following Offices shal} be a Body Incorporation
Corporate under the Name of the Commissioners of Northern of Commission*
Lighthouses ; that is to say, «»? of Northern

The Lord Advocate and the SoUcitor-General for Scotland; ^^J^^^o***
The Lords Provosts of Edinburgh and Glasgow^ and the
Provosts of the Cities of Aberdeen^ Inverness, and Camp'
beUoton;

(3.) The eldest Bailies o{ Edinburgh and Glasgow;
(4.) The Sheriffs of the Counties of Edinburgh, Lanark, Ren-
frewy Bute, Argyle, Inverness, Ross, Orkney, Caithness,
Aberdeen, Ayr, Fife, Forfar, fVigton, Sutherland, Kin-
cardine, Kircudbright, and Elgin ;
And shall have a Common Seal ; and any Five of such Commia-
aioners shall constitute a Quorum, and shall have Power to do all
BQch Matters and Things as might be done by the whole Body of
Commiasionera.

0 o 3 38L In

(I.)
(2.)

566

C.104.

17 « & 18° VICTORUE.

A.D.18S4.

Management of
Lighthouses,

Power to elect
certain new
Members.

Trinity House
may inspect
Lighthouses.

Board of Trade
may appoint
Persons to in-
spect Light-
houses, 8tc.

Power to
General Light-
house Authori-
ties to control
local Authori-
ties.

Li case of De-
&ult by local
Bodies local
Lighthouses
may be trans-
ferred to Gene-
ral Lighthouse
Authorities.

d9L In addition to the Persons above mentioned, it shall be
lawful for the said Commissioners at any Time after this Act
comes into operation to elect the Provost or Chief Magistrate of
any Royal or Parliamentary Burgh on or near any Part of the
Coasts of Scotland and the Sheriff of any County abutting on such
Coasts.

392. The Trinity House, their Engineers, Workmen, and Ser*
vantSy may at all Times enter any Lighthouses within the Juris-
diction of the said Commissioners or Corporation to view the
Condition thereof or otherwise for the Purposes of this Act

393. The Board of Trade may, upon Complaint to the Effect
that any Lighthouse, Buoy, or Beacon under the Management of
any of the said General Lighthouse Authorities, or any Work
connected therewith, is inefficient or improperly managed or un-
necessary, authorize Persons to inspect the same; and every Person
so authorized may inspect the same accordingly, and make such
Inquiries in respect thereof and of the Management thereof, as he
may think fit; and all Officers and others having the Care of ^ch
Lighthouses, Buoys, or Beacons, or concerned in the Manageiaefit
thereof, shall furnish all such Information and ExplanatioDS in
relation thereto as he may require; and the said General Light-
house Authorities and their respective Officers shall at all Times
give to the Board of Trade all such Returns, Explanationa, or
Information in relation to the Lighthouses, Buoys, or Beacons
within their Jurisdiction and the Management thereof, as such
Board may from Time to Time require.

394. Each of the said General Lighthouse Authorities, upon
giving due Notice of their Intention, shall have Power, with the
Sanction of the Board of Trade, to compel any Local Authority
having Jurisdiction in the Matter of Lighthouses, Buoys, or Beacons
at any Place situate within the Jurisdiction of such Gfeneral Light-
house Authority, to lay down Buoys, or to remove or discontinue
any existing Lighthouse or Beacon, or to make any Variation in
the Character of any Lighthouse or in the Mode of exhibiting
Lights therein ; nnd no such Local Authority as aforesaid shall
erect any new Lighthouse, or remove or discontinue any Light-
house, or vary the Character of any Lighthouse or the Mode of
exhibiting Lights therein, without the Sanction of the General
Lighthouse Authority within whose Jurisdiction the same ifi
situate.

395. If any Local Authority having Power to erect, maintain,
or place any local Lighthouse, Buoy, or Beacon at any Place within
the Jurisdiction of One of the said General Lighthouse Autho-
rities fails so to do, or fails to obey any Direction given by such
Authority under the last preceding Section, Her Majesty mayi
upon Application from such General Lighthouse Authority, by
Order in Council direct that such Power as aforesaid shall be
transferred to such last -mentioned Authority ; and such Power,
together with all Powers of levying and receiving Dues in respect
of such Lighthouse, Buoy, or Beacon, shall thereupon become
vested in such last mentioned Authority; and such Lighthous^
with its Appurtenances, and also such Buoy or Beacon, and aJl
Dues leviable in respect thereof^ shall thenceforth be subject in vx

respects

A.D.18fi4. 17" & 18 *> VICTORIA. C.1Q4, 6B7

respects to the same Begulations as other Lighthouses a&d Light
Dues, Buoysy and Beacons provided for by this Act.

Light Dues, Light Dues,

396. Subject to anj Alterations to bo made under the Powers Daeslo~be
herein»afler contained, the said General Lighthouse Authorities leyied.
shaUy in respect of the existing Lighthouses, Buoys, or Beacons
within their respective Jurisdictions, continue to levy Dues, herein-
after called Light Dues, after the Rate at which the same are levied
at the Time when this Act comes into operation; and such Light
Dues shall be payable in respect of all Ships whatever, except
Ships belonging to Her Majesty, and Ships hereby exempted from
Payment thereof.

897. Her Majesty may, by and with the Advice of Her Privy Light Dues to
Council, from Time to Time reduce all or any of the Dues for the ^ subject to
Time being payable in respect of existing or future Lighthouses, HerTlajes^ in
Buoys, or Beacons^ for the Time being under the Management of Council
the said General Lighthouse Authorities ; and may also by and
with the like Advice from Time to Time increase or vary any of
such Dues, so that no Dues payable in respect of any Lighthouse,
Buoy, or Beacon existing at the Time \vhen this Act comes into
operation are made to exceed the Amount which has at any Period
previous to such Time been received in respect thereof, or to which
the said Dues might during any Part of such Period as last afore-
said lawfully have been raised.

398. Each of the said General Lighthouse Authorities shall have Powers of
Power, with the Consent of Her Majesty in Council, to do any of P^^^^ij?^"
the following Things ; that is to say, fj^^ ^^l

To exempt any Ships or any Classes of Ships from the Payment regulate Dues.

of Light Dues receivable by such Authority, and to annex

any Terms or Conditions to such Exemptions :
To alter the Times, Places, and Modes at and in which the

Light Dues receivable by such Authority are payable :
To substitute any other Dues or Class of Dues, whether byway

of annual Payment or otherwise, in respect of any Ships or

Classes of Ships, for the Dues payable to such Authority for

the Time being.

399. Tables of all Light Dues, and a Copy of the Regulations PubUcation
for the Time being in force in respect thereof, shall be posted up ^ ^^^ "**
at all Custom Houses within the United Kingdom ; and each of KegulaUons.
the said General Lighthouse Authorities shall from Time to Time

as Occasion requires furnish Copies of such Tables and Regulations
to the Commissioners of Customs in London^ and to the principal
Officers of Customs resident at all Places where Light Dues are
collected on account of such Lighthouse Authority; and such
Copies shall be posted up by the Commissioners at the Custom
House in London^ and by such Officers at the Custom Houses of
the Places at which they are respectively resident.

400. A Receipt for Light Dues shall be given by the Person Ship not to be
appointed to collect the same to every Person paying the same, p^^ without
and no Officer of Customs at any Port where Light Dues are pay- ^^5^6^01*^ ^
Able in respect of any Ship shall grant a Clearance or Transire for j^ightDues.
any such Skip^ unless the Receipt for the same is produced to him,

O o 4 401. If

568

C.104.

17«&18« VICTORIA.

A.Da854

Light Dues.

Power of
Distress for
Light Dues.

Light Dues,
how to be paid
over and ac-
counted for.

Application of
Li^ht Dues.

New
lAghttuHtaee.

Power to Light-
house Authori-
ties to erect,
place, and alter
Lighthouses,
Buoys, and
Beacons.

This Power in
the Case of the
Commissioners
andCorporation
to be subject to
Approval by

401. If the Owner or Master of any Ship fails on Demand of
the authorized Collector to pay the Light Duea due in respect
thereof, it shall be lawful for such Collector, in addition to any
other Remedy which he or the Authority by whom he is appointed
is entitled to use, to enter upon such Sliip, and distrain the Goods,
Guns, Tackle, or any other Thing of or belonging to or on board
such Ship, and to detain such Distress until the said Light Dues
are paid ; and if Payment of the same is not made within the
Period of Three Days next ensuing such Distress, he may, at any
Time during the Continuance of such Non-payment, cause the
same to be appraised by Two sufficient Persons or Sworn Ap-
praisers, and thereupon sell the same, and apply the Proceeds in
Payment of the Light Dues due, together with all reasonable
Expenses incurred by him under this Section, paying the Surplus
(if any) on Demand to the said Owner or Master.

402. Every Person appointed to collect Light Dues by any of
the said General Lighthouse Authorities shall collect all Light
Dues payable at the Port or Place at which he is so appointed,
whether the same be collected on account of such last-mentioned
Authority or of the other General Lighthouse Authorities, andshall
pay over to the General Lighthouse Authority by whom he waa
appointed, or as it directs, the whole Amount of Light Dues
received by him ; and the Authority so receiving the same shall
keep Accounts thereof, and shall cause the same to be remitted to
Her Majesty's Paymaster General in such Manner as the Board
of Trade directs.

403. All Light Dues coming to the Hands of any of the said
General Lighthouse Authorities under this Act shall be carried to
the Account of the Mercantile Marine Fundherein-aftermentioned,
and shall be dealt with in manner heroin-afler prescribed.

Construction of and Dues for New Lighthouses.

404. Each of the said General Lighthouse Authorities shall
have Power, within its Jurisdiction, to execute the following
Works and do the following Things ; (that is to say,)

(1.) To erect or place new Lighthouses, with all requisite
Works, Roads, and Appurtenances, or alter or remove
any existing Lighthouses :
(2.) To erect or place any new Buoys or Beacons^ or alter or

remove any existing Buoys or Beacons :
(3.) To take and purchase any Land which may be necessary
for the above Purposes, or for the Maintenance of the
Works or the Residence of the Light Keepers :
(4.) To vary the Character of any Lighthouse or the Mode of

exhibiting Lights therein :
(5.) To sell any Land belonging to it :
But the Exercise of the above Power shall, in the Case of the
said Commissioners and Corporation, be subject to the Restric-
tions herein-after contained.

406. Previously to undertaking any such Work as aforesaid,
the said Commissioners or Corporation, as the Case may be, shaH
forward a Notice specifying fully the Nature of the Work pro*
posed to be undertaken by them, and their Reasons for under-
taking the same, to the Trinity House^ who shall take the proposed

Scheme

^.D.1854.

17''&18» VICTORIiE.

C.104.

£69

Scheme into their Consideration, and notify to the said Commis- Trinity Hoiue,

with Appeal to
Board of Trade.

sionors or Corporation their Approval or Rejection thereof with
or without Modifications ; hut no such Notification shall be binding
on the said Commissioners or Corporation until the same has been
sanctioned by the Board of Trade in manner herein-after men-
tioned ; and at any Time previous to such Sanction being given,
the said Commissioners or Corporation may forward to the Trinity
House and the Board of Trade, or either of them, any Objections
to, or Observations upon, or Suggestions in respect of, such Noti-
fieatioD*

406. In order to obtain such Sanction as aforesaid, the Trinity
Hotue shall forward a Copy^of their Notification, accompanied
by Copies of all Communications that have passed between the
Trinity House and the said Commissioners or Corporation, to the
Board of Trade ; and such Board shall have Power to give any
Directions they may think fit in relation to the Matters sub-
mitted to them, by granting or witliholding their Sanction, either
wholly or partially, and either with or without Modification.

407. The Trinity House shall forthwith communicate the
Directions given by the Board of Trade in relation to the Matters
aforesaid to the said Commissioners or Corporation^ and the said
Commi^issioners or Corporation shall, upon the Receipt of such
Directitns, be bound to act in conformity therewith, and to do or
forbear doing anything thereby directed to be done or forborne.

408. The Trinity House shall have Power to direct the said
Commissioner::^ and Corporation, or either of them^ to execute the
following Wo: !;s ; (that is to say,)

(\,) To ccatluue any existing Lighthouses, Buoys, or Beacons :
(2.) To erect or place any new Lighthouses, Buoys, or Bea-
cons, or alter or remove any existing Lighthouses,
Buoys, or Beacons :
(3.) To vary the Character of any Lighthouse, or the Mode. of
exhibiting Lights therein :
But no such Directions shall be issued to the said Commissioners
or Corporation until the Issue thereof has been sanctioned by the
Board of Trade ; such Sanction to be obtained by the Trinity
House in manner herein-after mentioned.

409. Previously to issuing any such Directions as aforesaid, Sanction of
the Trinity House shall make an Application to the Board of ?^^1?^**
Trade, stating iully the Nature of the Work to which such Direc- ^^ ^
tions relate and their Reasons for directing the sama; and shall at

the same Time give Notice to the said Commissioners or Corpo-
ration respectively of such their Application, by causing written
Notice of the said Application and a Copy of the proposed
Directions to be left at or sent to the Office of the said Com-
missioners in Edinburgh^ or the Office of the said Corporation in
Dublin^ as the Case may be ; and Opportunity shall be afforded to
the said Commissioners or Corporation to submit any Observations
they may see fit to make with respect to such Application to the
Trmity House and to the Board of Trade ; and if thereupon the
said Trinity House adhere to their said Directions, and if the
Board of Trade concur therein, and if such Adherence and. Con-
currence is duly notified to the said Commissioners or Corpora-

tion.

Sanction of
Board of Trade,
how to be ob-
tamed.

Trinity House
to commnn irate
Beciflion of
Board of Trade.

Power to
Trinity Houses
with Sanction
of Board of
Trade, to com-
pel Execution
of Works by
Commissioners
and Corpora-
tion.

5TD

O.104,

IT'^&IS" VICTOBIiE.

A.D.1854.

iVeir
Lighthouses.

Her Majesty
may by Order
in Council fix
Dues to be taken
for new Light-
hoiues.

No Dues to be
l6TiM in the
Channel Islands
witi^oat Con-
sent of the
States, and no
Power to be ex-
ercised therein
but by Order in
Council

Incorporation
of 8'& 9 Vict,
ec 18 and 19.

Surrender of

Local
Lighthouses,

tx>cal Light-
houses may be
surrendered to
General Light-
house Authori-
ties.

Damage to
Lights, Buoys,
asHd Beacons,

Penalty for
iiguringLights,
Buoys, and
Beacons.

tion, it shall be their Duty within a reasonable Time after such
Notification is made to carry the said Directions into effect

410. Upon the Ck>mpletion of anj new Lighthonse, Buoy, or
Beacon, Her Majesty may by Order in Ooancil fix such Dues in
respect thereof to be paid by the Master or Owner of every Ship
which passes the same or deriyes Benefit therefrom, as Her
Majesty may deem reasonable, and may from Time to Time alter
the Amount thereof; and such Dues shall be paid and collected
in the same Manner, by the same Means, and subject to the same
Conditions in, by, and subject to which the Light Dues authorized
to be levied by this Act are paid and collected.

411. No Dues for any Lighthouse, Buoy, or Beacon to be
erected or placed in or near the Islands of Guernsey^ Jmeg,
Sark^ or Aldemey shall be taken iu the said Islands of Guernsey
or Jersetf without the Consent of the States of the said Ishuds
respectively; nor shall any Powers herein-before given to the
Trinity House in respect of any Lighthouse, Buoy, or Beacon
erected or placed in the Islands of Guemsetf or Jersey, or here-
after to be erected or placed in such Islands, be exercised without
the Consent of Her Majesty in Council.

412. The Lands Clauses Consolidation Act, 1845, and the Lands
Clauses Consolidation Act {Scotland), 1846, shall be incorporated
in this Act, and shall apply to all Lighthouses to be constructed
and all Land to be purchased under the Powers thereof.

Surrender of Local Lighthouses,
418. Every Local Authority holding any Lighthouse, Buoy, or
Beacon at any Place within the Jurisdiction of any of the said
General Lighthouse Authorities may, if they think fit» surrender
or sell the same to such Greneral Lighthouse Authority, and such
Authority may, with the Consent of the Board of Trade, accept
or purchase the same, the Purchase Money (if any) to be paid out
of the said Mercantile Marine Fund ; and thereupon such Light-
house and its Appurtenances or such Buoy or Beacon, as the
Case may be, shall become vested in such Authority; and such
Authority shall be entitled to receive all Dues lawfully payable in
respect thereof at the Time of such Surrender or Sale, or, if Her
Majesty by Order in Council so directs, such Dues as might be
fixed and made payable if the same were a new Lighthouse,
Buoy, or Beacon ; and^such Lighthouse, Buoy, or Beacon, and the
Dues payable in respect thereof, shall, after such Surrender or
Sale, be subject in all respects to the same Begulations as other
Lighthouses and Light Dues, Buoys and Beacons provided for bj
this Act.

Damage to Lights^ Buoys, and Beacons,
414. If any Person wilfully or negligently conunits any of the
following Offences, (that is to say,)
(1.) ^j^jures any Lighthouse or the Lights exhibited thereu^o^

any Buoy or Beacon ;
(2.) Removes, alters, or destroys any Light Ship, Baoy> or

Beacon ;
(8») Bides by, makes fast to, or runs foal of any Light Ship or
Buoy, g^

A,D.1864.

XT'* & 18" VICTORIJi.

G. 104.

871

He shall, in addition to the Expenses of making good any Damage
so occasioned, incur a Penalty not exceeding Fifty Pounds.

Preveniiofi of False Lights.

416. Wheneyer any Fire or Light is burnt or exhibited at
snch Place or in such Manner as to be liable to be mistaken for
a Light proceeding from a Lighthouse, it shall be lawful for the
General Lighthouse Authority within whose Jurisdiction such
Place is situate, to serve a Notice upon the Owner of the Place
where the Fire or Light is burnt or exhibited, or on the Person
having the Charge of such Fire or Light, either personally or by
Delivery at the Place of Abode of such Owner or Person, or by
affixing the same in some conspicuous Spot near to such Fire or
Light, and by such Notice to direct such Owner or Person, within
a reasonable Time to be therein speciHed, to take effectual Means
for the extinguishing or effectually screening such existing Lights
and for preventing for the future any similar Fire or Light ; and
any Owner or Person disobeying such Notice shall be deemed

failty of a Common Nuisance, and in addition to any other
Penalties or Liabilities of any kind thereby incurred, shall incur
a Penalty not exceeding One hundredTounds.

410. if any Owner or Person served with such Notice as afore-
said neglects for a Period of Seven Days to extinguish or effectually
screen the. Fire or Light therein mentioned, it shall be lawful for
the General Lighthouse Authority within whose Jurisdiction the
same may be, by their Servants or Workmen, to enter upon the
Place whereon the same may be, and forthwith to extinguish such
Fire or Light, doing no unnecessary Damage ; and all Expenses
incurred by snch Authority in such Extinction may be recovered
from such Person or Owner as aforesaid in the same Way as
Penalties are hereby directed to be recoverable.

PART vn.

MERCANTILE MARINE FUND.

417. The following Sums shall be carried to a common Fund,
to be entitled the ** Mercantile Marine Fund ;** (that is to say,)

(I.) All Fees and other Sums (other.than Fines and Forfeitures)
received by the Board of Trade under the Provisions <^
the Third and Fourth Parts of this Act :
(2.) All Light Dues or other Sums received by or accruing to
the Trinity House, the Commissioners of Northern Light-
houses, and the Port of Dublin Corporation, under the
Sixth Part of this Act :
(3.) All Rates and Monies received by the Trinity House under
the Local Act of the Seventh Year of Her present Ma-
jesty, Chapter Fifty-seven, for the Regulation of Lastage
and Ballastage in the River Thames:
(4.) AU Fees and other Sums mentioned in the Table marked V.
in the Schedule hereto which are received by Receivers
appointed under the Eighth Part of this Act :
And an Account of the said Fund, intituled ^ The Mercantile
Marine Fund Account," shall be kept with Her Majesty's Pay-
master GreneraL

418. Subject

PreveiUi€ni>f
False Lighis.

General Light-
house Authori-
ties may
prohibit fiilfle
Lights.

If not obeyed
thev may abate
such Uights.

MereantUs
MarimeFtmd.

Sums to be
carried to Mer-
cantile Marine
Fond.

6&7yiet
c lYii

572

C.104.

17^ & 18** VICTORIA

A.D.1854.

Mercantile
Marine Fundm

Application of
Hercantile
Marine Fund.

Application of
BaUastage

6&7Victc.lyii.

Establishments
Ibr Idghthonses
and Ballastaire
"^ '^Tged on

418. Subject to any prior Charges that may be subsisting thereon
by virtue of any Act or Acts of Parliament or otherwise, the said
Fund shall be chargeable with the following fispenses ; that is to
say,

(1.) The Salaries and other Expenses connected with the Local
Marine Boards, the Examinations, and the Shipping
Offices, provided for by the Third Part of this Act:

(2.) The Salaries of Surveyors, and other Expenses connected
with the Survey of Passenger Steam Ships provided for
by the Fourth Part of this Act :

(3.) All Expenses incurred by the General Lighthouse Autho-
rities aforesaid in the Works and Services of LighthonseS)
Buoys, and Beacons provided for by the Sixth Part of
this Act, or in the Execution of any Works necessary or
expedient for the Purpose of permanently reducing the
Expense of such Works and Services :

(4.) All Expenses incurred by the Trinity House in respect of
Lastage and BaUastage in the River Thames :

(5.) Such Expenses for establiflhing and maintaining on the
Coasts of the United Kingdom proper Life-boats, with
the necessary Crews and Equipments, and for affording
Assistance towards the Preservation of Life and Property
in Cases of Shipwreck and Distress at Sea, and for re-
warding the Preservation of Life in such Cases, as the
Boai*d of Trade directs :

(6.) Any Expenses incurred in carrying into effect the Provi-
sions with regard to Receivers and the Performance of
their Duties contained in the Eighth Part of this Act:

(7.) Any Expenses which by this or any other Act of Parliament
are specially charged thereon :
And shall, save as herein* after mentioned, be applicable to no other
Purpose whatever.

419. The said Rates and Monies received by the TMnityHoufe
under the said Local Act of the Seventh Year of Her present Ma-
jesty, Chapter Fifty-seven, shall, subject to the Payment of such
Proportion of any prior Charges subsisting on the Mercantile Marine
Fund as may in the Opinion of the Board of Trade be fairly charge-
able thereon, and to the Powers of raising Money upon the Credit
of the said Fund herein contained, be applicable only to Services
performed for the Purpose of supplying Ballast to or providing for
the Safety or Convenience of such Ships as navigate the said River
Thames and the Seas and Channels leading thereto between Offord'
ness on the North and Dungeness on the South : Provided that ifj
in addition to the Duties performed in consideration of the said
BaUastage Rates under the said Local Act, the Trinity House, at
the Request, or with the Consent of the Ovimers or Masters of or
Agents for any Ships, undertake to place Ballast on board thereof,
or to unload Ballast therefrom, they shall be entitled to charge for
such additional Duties such reasonable additional Rate P^'y^
for Ballast so placed on board or unladen as Her Majesty by Order
in Council from Time to Time approves.

420. Her Majesty may from Time to Time, by and with the
Advice of Her Privy Council, fix the EsUbiishments to be main-
tained by each of the said General Lighthouse Authoritiea on

A.D,1854. 17° & 18° VICTORIiE. C. 104. 573

account of the Services of Lighthouses, Buoys and Beacons, and Fund to be
also as regards the Trinity Ho^ise^ on account of the Service of ^^ ^ . '
Lastage and Ballastage in the Kiver Thames^ or the annual or q^q^^
other Suras to be paid out of the said Fund, in respect of such Es-
tablishments ; and if it appears that any Part of the Establishments
of the said Lighthouse Authorities is maintained for the Purposes
of such Duties and also for other Purposes, to fix and from Time
to Time alter the Portion of the Expense of such Establishments
to be paid out of the said Fund ; and no Increase of anj Establish-
ment or Part of an Establishment so fixed shall be made without
the Consent of the Board of Trade.

42L The said General Lighthouse Authorities may from Time Power to grant
to Time, with the Sanction of the Board of Trade, grant Super- ^^P*'*"^*^
annuations or Compensations to Persons whose Salaries are payable ^"^^^
out of the said Fund, and who are discharged or retire ; so never-
theless that no Superannuation Allowance or Compensation to any
Person so discharged or retiring shall exceed the Proportion of
his Salary which might be granted to a Person in the public Civil
Service, under the Act of the Fourth and Fifth Years of King
PFilliam the Fourth, Chapter Twenty- four, or under any other
Act for regulating such Superannuation Allowances or Compen-
sations for the Time being in force.

422. Each of the said General Lighthouse Authorities shall from Estimates and
Time to Time submit to the Board of Trade Estimates of all Ex- ^J^^'^^i** ^'
penses to be incurred by them in respect of the Matters aforesaid, tobe approve?
other than the Establishment Expenses for the Time being allowed ^t the Board
by Order in Council as aforesaid ; and shall also, whenever in pro- of Trade.
Tiding for any sudden Emergency it is necessary to incur any

Expense without waiting until an Estimate can be sanctioned, as
soon as possible send to the Board of Trade a full Account of such
Expense ; and the Board of Trade shall consider and may approve
such Estimates and Accounts, either with or without Modification. No Expense to

423. No Expense of any of the said General Lighthouse Antho- ^ allowed unr
rities in respect of the said Services shall be paid out of the Mer- ^ i^^^f
cantile Marine Fund, or allowed in Account^ other than the Sums '^de.

so allowed for Establishment Expenses as aforesaid, or included
in Estimates or Accounts approved by the Board of Trade.

424. For the Purpose of the Construction and Repair of Light- Forthe Purpose
houses, and of other extraordinary Expenses connected with the ^^ ®![®P**% "VJ^
said Services, the Treasury are authorized from Time to Time, J^^J^ndoLer
upon the Application of the Board of Trade, to advance out of the extraordinary
growing Produce of the Consolidated Fund of the United Kingdom Expenses,Trea-
fluch Sums of Money, upon such Terms, and at such Rate of In- 8^"T ™^y ■^-
terest as they think fit, and to pay the same into the Mercantile ^*"^® Money.
Marine Fund Account, so nevertheless that the whole Sum for

the Time being due in respect of such Advances shall never at
any One Time exceed Two hundred thousand Pounds ; and upon
any Advance being so made the Sum so advanced and the Interest
shall be a Charge on the Mercantile Marine Fund, and upon the
Dues, Rates, Fees, and Payments so to be carried thereto as afore-
said ; and the Board of Trade shall make such Provision for the
Repayment thereof out of the said Fund, either by forming a Sink-
ing Fund or otherwise, as the Treasury may require ; provided that
no such Advance shall prevent any lawful Reduction of any of the

said

61* 0. 104. 1 7 ° & 18*> VICTORIiE, A.D. 1854.

MercanOle said Dues, Rates, Fees, or Payments, if such Reduction be assented
Marine Fund, ^o by the Treasury.

Power to Board ^^* '^^^ Board of Trade may also, for the Purpose last afore-
of Trade to ^^^^9 ^ &i£e Money by mortgaging the Mercantile Marine Fund,
borrow Money and the several Dues, Rates, Fees, and Payments so to be carried
on the Credit thereto as aforesaid, or any of them, or any Part thereof, to any
of Fond. Person or Body of Persons ; and every such Mortgage shall be in

such Form, and under the Hand and S^ of such Person or Persons
as the President of the said Board for the Time being may direct;
and no Person or Body of Persons lending Money upon any such
Mortgage shall be bound to see to the Purpose for which the same
is raised, or to the Mode in which it is applied.
iWertoPttUic 426. The Public Works Loan Commissioners may also, for ^e
Works Loan Purpose last aforesaid, advance Money upon Mortgage of the said
Comniasioners Mercantile Marine Fund, and the several Dues, Rates, Fees, and
MoneiTon^tfae ^^^yments so to be carried thereto as aforesaid, or any of thena, or
Credit of the ^^7 ^^^ thereof, without requiring any farther Security than
Fond. such Mortgage as aforesaid ; bat every Mortgage so made to the

said Public Works Loan Commissioners, or their Secretary for the
Time being, shall be made under and in pursuance of the Acts of
Parliament regulating the Proceedings of the said Public Works
Loan Commissioners, anything herein contained to the contrary
notwithstanding : Provided, that no Advance which may be made
by the said Public Works Loan Commissidners shall prevent any
lawful Reduction of any of the said Dues, Rates, Fees, or Payments,
if such Reduction is assented to by the said Public Works Loan
Commissioners.
LighthooseAu- 427. Each of [the said Generid Lighthouse Authorities shall
thorities to account to the Board of Trade for their Receipts from the said
Be^l Md ^^^^ I^u®s and Ballastage Rates, and for their Expenditure as
Expenditure to regards Expenses paid out of the said Fund, in such Form, and
Board of Ttade. ftt such Times, and with such Details, Explanations, and Vouchers,
as the Board of Trade requires, and shall, when required by sach
Board, permit all Books of Accounts kept by or under their re-
spective Direction to be inspected and examined by sach Persons
as the said Board appoints for that Purpose,
ikccounta of 428. The Board of Trade shall render to the Conmiissioners

Fimdto he fo^ auditing the Public Accounts periodical Accounts of the whole
^^^sdoners ^^ *^® Receipts and Expenditure of the Mercantile Marine Fund,
of Audit ®"^^ Accounts to be signed and declared to by the Accountant

appointed by the Board of Trade for that Purpose; and in case
of Default it shall be lawful for the Treasury to make or direct
such Allowance as under the Circumstances of the Case they may
think fit in respect thereof.
Accounts to be 429. The Board of Trade shall as soon as practicable after the
^d before meeting of Parliament in every Year cause the Account of the
arliament Mercantile Marine Fund for the then preceding Year to be laid
before both Houses of Parliament.
Property used 430. All Lighthouses, Buoys, Beacons, and Light Dues, and all
^f'^^'rr?^* other Rates, Fees, or Payments accruing to or forming Part of the
^d^ofAct ^^^ Fund, and all Premises or Pi^perty belonging to or occupied
to be exempt ^J ^^7 ^^ ^^^ ^^^^ General Lighthouse Authorities or the Board
from all Bates of Trade, which are used or applied for the Purposes of any of
and Taxee. the Services for which such Dues, Rates, Fees, and Payments are

received,

A.D.1854. 17" & 18* VICTOBIJE. C.104. 516

receiTed, and all Instruments or Writings used by or under the Mercantile
Direction of any of the said General Lighthouse Authorities or Marine Fund,
the Board of Trade in carrying on the said Services, shall be ^^^

exempted from all public, parochial, and local Taxes, Duties, and
Rates of every kind.

4dL The Ships belonging to or used by any of the said General Ships of laght^
Lighthouse Authorities, or by the Board of Trade, shall be privi- house Autfaori*
Icged to enter, resorf to, and use any Harbours, Ports, Docks, or ^ exempt
Piers in the United Kingdom, without Payment of any Tolls, Dues, ^Si^^^^^*^^
or Rates of any kind.

PART VHL

WRECKS, CASUALTIES, AND SALVAGE.

Inquiries into Wrecks. Inquiries into

482. In any of the Cases following, that is to say, '

Whenever any Ship is lost, abandoned, or materially damaged inquiries to be

on or near the Coasts of the United Kingdom ; uistitated in

Whenever any Ship causes Loss or material Damage to any Cases of Wreck

other Ship on or near such Coasts ; »°* Casualty.

Whenever by reason of any Casualty happening to or on board

of any Ship on or near such Coasts Loss of Life ensues ;

Whenever any such Loss, Abandonment, Damage, or Casualty

happens elsewhere, and any competentWitnesses thereof arrive

or are found at any Place in the United Kingdom ;

It shall be lawful for the Inspecting Officer of the Coast Guard

or the principal Officer of Customs residing at or near the Place

where such Loss, Abandonment, Damage, or Casualty occurred, if

the same occurred on or near the Coasts of the United Kingdom,

bat if elsewhere at or near the Place where such Witnesses as

aforesaid arrive or are found or can be conveniently examined,

or for any other Person appointed for the Purpose by the Board

of Trade, to make Inquiry respecting such Loss, Abandonment,

Damage, or Casualty ; and he shall for that Purpose have all the

Powers given by the First Part of this Act to Inspectors appointed

by the said Board.

488. If it appears to such Officer or Person as aforesaid, either Formal Id vesti*
upon or without any such preliminary Inquiry as aforesaid, that a gation before
formal Investigation is requisite or expedient, or if the Board Jostices.
of Trade so directs, he shall apply to any Two Justices or to a
Stipendiary Magistrate to hear the Case ; and such Justices or
Magistrate shall thereupon proceed to hear and try the same, and
shall for that Purpose, so far as relates to the summoning of
Parties, compelling the Attendance of Witnesses, and the Regula-
tion of the Proceedings, have the same Powers as if the same were
a Proceeding relating to an Offence or Cause of Complaint upon
which they or he have Power to make a summary Conviction or
Order, or as near thereto as Circumstances permit ; and it shall
be the Duty of such Officer or Person as aforesaid to superintend
the Management of the Case, and to render such Assistance to the
said Jufltices or Magistrate as is in his Power ; and, upon the Con-
clusion of the Case, the said Justices or Magistrate shall send a

Report

576

C.104.

17« & 18« VICTORIiE.

A.D.1854.

Inqumes into
WreckM.

Power to ap-
point Nautical
ABsesaor.

Stipendiary
Magivtrate to
be the Ma^^
trate who is
Member of
Local Marine
Board, and to
be paid.

Coats of snch
Investigations.

Inyestigations
in Scodand.

Master or Mate
may be required
to deliver Cer-
tificate to be
held until Close
of Inquiry.

Report to the Board of Trade, containing a full Statement of the
Case and of their or his Opinion thereon^ accompanied by such
Report of or Extracts from the Evidence, and such Obaervations
(if any) as they or he may think fit.

484. In Cases where nautical Skill and Knowledge are required,
the Board of Trade shall have the Power, either at the Request
of such Justices or Magistrate, or at its own Discretion, to appoint
some Person of nautical Skill and Knowledge to act as Assessor
to such Justices or Magistrate ; and such Assessor shall, upon the
Conclusion of the Case, either signify his Concurrence in their
Report by signing the same, or if he dissents therefrom shall signify
such Dissent and his Reasons therefor to the Board of Trade.

436. In Places where there is a Local Marine Board, and whero
a Stipendiary Magistrate is a Member of such Board, all such
Investigations as aforesaid shall, whenever he happens to be
present, be made before such Magistrate ; and there shall be paid
to such Magistrate in respect of his Services under this Act such
Remuneration, whether by way of annual Increase of Salary or
otherwise as Her Majesty's Secretary of State for the Home
Department, witli the Consent of the Board of Trade, may direct ;
and such Remuneration shall be paid out of the Mercantile Marine
Fund.

436. The said Justices or Magistrate may make such Order
with respect to the Costs of any such Investigation or any Portion
thereof as they or he may deem just, and such Costs shall be paid
accordingly, and shall be recoverable in the same Manner as other
Costs incurred in summary Proceedings before them or him ; and
the Board of Trade may, if in any Case it thinks fit so to do, par
the Expense of any such Investigation, and may pay to such
Assessor as aforesaid such Remuneration as it thinks fit

437. In the Case of any such Investigation as aforesaid to be
held in Scotland, the Board of Trade may, if it so thinks fit, remit
the same to the Lord Advocate to be prosecuted in such Manner
as he may direct, and in case he so requires, with the Assistance
of such Person of nautical Skill and Knowledge as the Board of
Trade may appoint for the Purpose.

438. Such Justices or Magistrate as aforesaid may, or in Scot-
land such Person or Persons as is or are directed by the Lord
Advocate to conduct the Investigation may, if they or he think
fit, require any Master or Mate possessing a Certificnte of Compe-
tency or Service whose Conduct is called in question or appears to
them or him likely to be called in question in the course of smc^
Investigation, to deliver such Certificate to them or him, and tlier
or ho shall hold the Certificate so delivered until the Conchision
of the Investigation, and shall then either return the same to such
Master or Mate, or, if their Report is such as to enable theBoani
of Trade to cancel or suspend such Certificate under the Powers
given to such Board by the Third Part of this Act, shall forward
the same to the Board of Trade, to be dealt with as such Boanl
thinks fit ; and if any Master or Mate fails so to deliver his Certi-
ficate when so required, he shall incur a Penalty not exceeding
Fifty Pounds.

A.D.1854. 17«» & 18» VICTORIA. C.104. 677

Appointment and Duties of Receivers, . ^ Appointment

439. The Board of Trade shall througUout the United Kingdom' "^^"f^/-^
iiare the general Superintendence of all Matters relating to Wreck; «c«rer*.
and it may, with the Consent of the Commissioners of Her Ma- Board of Trade
jesty's Treasury, appoint any Officer of Customs or of the Coast Saperinten-
Gruard, or any Officer of Inland Revenue, or, when it appears to dents of Wreck,
such Board to be more convenient, any other Person, to be a Re-- T^^^?^ ***
ceiver of Wreck in any District, and to perform such Duties as cemre.

are herein-after mentioned, and shall give due Notice of every
such Appointment. ^

440. No Admiral, Vice Admiral, or other Person, under what- Admiral not to
ever Denomination, exercising Admiralty Jurisdiction, shall as ^terferewith
such, by himself or his Agents, receive, take, or interfere with "^'^'^

any Wreck except as herein-after mentioned.

441* Whenever any Ship or Boat is stranded or in Distress at ^^^ ^^ ^^
any Place on the Shore of the Sea or of any Tidal Water within ^^''^J^^g
the Limits of the United Kingdom, the Receiver of the District g^wided^or in
within which such Place is situate shall, upon being made ac- Distress,
quainted with such Accident, forthwith proceed to such Place, •
and upon his Arrival there he shall take the Command of all
Persons present, and assign such Duties to each Person, and issue
such Directions, as he may think fit^ with a view to the Preserva-
tion of such Ship or Boat, and the Lives of the Persons belonging
thereto, and the Cargo and Apparel thereof; and if any Person
wilfully disobeys such Directions, he shall forfeit a Sum not
exceeding Fifty Pounds; but it shall not be lawful for such
Receiver to interfere between the Master of such Ship or Boat
and his Crew in Matters relating to the Management thereof,
unless he is requested so to do by such Master.

442. The Receiver may, with a view to such Preservatio as Powers of Ite-
aforesaid of the Ship or Boat, Persons, Cargo, and Apparel, do ceiver in case
the following Things ; (that is to say,) . t^to^T

(1.) Summon such Number of Men as he thinks necessary to Ship or Boat.

assist him :
(2.) iiequire the Master or other Person having the Charge of
any Ship or Boat near at Himd to give such Aid with
his Men, Ship, or Boats, as may be in his Power :
(3.) Demand the Use of any Waggon, Cart, or Horses that may
be near at Hand :
And any Person refusing without reasonable Cause to comply
with any Summons, Requisition, or Demand so made as aforesaid,
shall for every such Refusal incur a Penalty not exceeding One
hundred Pounds ; but no Person shall bo liable to pay any Duty
of Assessed Taxes in respect of any such Waggon, Cart, or
Horses by reason of the User of the same under this Section.

443. All Cargo and other Articles belonging to such Ship or All Articles
Boat as aforesaid, that may be washed on Shore, or otherwise be washed on Sho
lost or taken from such Ship or Boat, shall be delivered to the "^l^^^H ^^
Receiver ; and any Person, v;hether he is the Owner or not, who ^^ Boat, to be
secretes or keeps Possession of any such Cargo or Article, or delivered to th
refuses lo deliver the same to the Receiver, or to any Person Receiver,
authorized by him to demand the same, shall incur a Penalty not
exceeding One hundred Pounds ; and it shall be lawful for such

17 & 18 YiCT. P p Receiver

578

C-104.

17' & 18^ VICTORIA

A.D.1854.

Power of Ke-
oei^er to sup-
press Plunder
and Disorder
by Force,

Certain Officers
to exercise
Powers of
BeceiTerin
his Abeence.

Power in case
of a Ship being
in Distress to
pass oyer ad-
Joining Lands
with

Penalty on
Owners and
"spiers of

R4?ceivcr or other Person as aforesaid to tako such Cargo or
Article by force from the Person so refusing to deliver the same.

444. Whenever any such Accident as aforesaid oecars to any
Ship or Boat, and any Person plunders, creates Disorder^ or
obstructs the Preservation of such Ship, Boat^ Lives, or Cargo
as aforesaid, it shall bo lawful for the Receiver to cnusc such
•Person to be apprehended, and to use Force for the Sup|)ression
of any such Plundering, Disorder, or Obstruction as aforeflsid,
with Power to command all Her M^esty a Subjects to assist bim
in the Use of such Force ; and if any Person is killed, flaimed,
or hurt, by reason of his resisting the Receiver in the Execution
of the Duties hereby committed to him, or any Person acting under
his Orders, such Receiver or other Person shall bo free nud fullj
indemnified, as well against the Queen's Miijesty, Her Heirs sad
Successors, as against ail Persons so killed, maimed, or hurt.

445. During the Absence of the Receiver from the Place where
any such Accident as aforesaid occurs, or in Places where no Re-
ceiver has been appointed under this Act, the following Officers
in Succession, each in the Absence of the other, in the Order in
which they are named, that is to say, any principal Officer of
Customs or of the Coast Guard, or Officer of Inland Revenue,
and also any Sheriff, Justice of the Peace, Commissioned Officer
on Full Pay in the Naval Service of Her Majesty, or Commis-
sioned Officer on Full Pay in the Military Service of Her Migesty,
may do all Matters and Things hereby authorized to be done by
the Receiver, with this Exception, that with respect to any Goods
or Articles belonging to any such Ship or Boat, the Delivery up
of which to the Receiver is herein-before required, any Officer so
acting shall be considered as the Agent of the Receiver, and shaB
place the same in the Custody of the Receiver ; and no Person so
acting as Substitute for any Receiver shall be entitled to any Fees
payable to Receivers, or be deprived by reason of his so acting of
any Right to Salvage to which he would otherwise be entitled.

446. Whenever any such Accident as aforesaid occurs to any
Ship or Boat, all Persons may, for the Purpose of rendering Asaa-
tance to such Ship or Boat, or saving the Lives of the Persons on
board the same, or the Cargo or Apparel thereof, unless there w
some public Road equally convenient, pass and repass either with
or without Carriages or Hgrses over any adjoining Lands, without
being subject to Interruption by the Owner or Occupier, so that
they do as little Damage as possible, and may also, on the li^e
Condition, deposit on such Lands any Cargo or other Article re-
covered from such Ship or Boat; and all Damage that maybe
sustained by any Owner or Occupier in consequence of any wen
passing or repassing or Deposit as aforesaid shall be a Charge oa
the Ship, Boat, Cargo, or Articles in respect of or by which sucii
Damage was occasioned, and shall, in default of Payment, be re-
coverable in the same Manner as Salvage is hereby made recover-
able ; and the Amount payable in respect thereof, if disputed, slm
be determined in the same Manner as the Amount of Salvage is
hereby in case of Dispute directed to be determined.

447. If the Owner or Occupier of any Land over which i^
Person is hereby autliorized to pnss or repass for any of the r«r-

poie*

A.D.1864. n^ & 18- VICTORIit\ C.104. 579

poses herein-before mentioned does any of the following Things, Land ref\i8ing
(that is to say,) to allow Car-

(1.) Impedes or hinders any such Person from so passing or re- "«^"» &«• to.
passing, with or without Carriages, Horses, and Servants, PJadL^^' '
by locking his Gates, refusing, upon Request, to open the
same, or otherwise however :
(2.) Impedes or hinders the Deposit of any Cargo or other Article
recovered from any such Ship or Boat, as herein-before
mentioned :
(3.) Pi-events such Cargo or other Article from remaining so
deposited for a reasonable Time, until the same can be
removed to a safe Place of public Deposit ;
He shall for every such Offence incur a Penalty not exceeding
One hundred Pounds.

448. Any Receiver, or in his Abf^ence any Justice of the Peace, Power of
shaU, as soon as conveniently may be, examine upon Oath (which BeoeiTer to
Oath they are hereby respectively empowered to administer) any ">»t**'*^ ^"'th
Person belonging to any Ship which may be or may have been in JSroctto aipa
Distress on the Coasts of the United Kingdom, or any other Person C^^tress.
who may be able to give any Account thereof or of the Cargo or

Stores thereof, as to the following Matters ; (that is to say,)

(I.) The Name and Description of the Ship ;

I2S The Name of the Master and of the Owners ;

(S.) The Names of the Owners of the Cargo ;
. (4.) The Ports or Places from and to which the Ship was bound ; .i

(5.) The Occasion of the Distress of the Ship ;

(6.) The Services rendered;

(7.) Such other Matters or Circumstances relating to such Ship,
or to the Cargo on board the same, as the Receiver or
Justice thinks necessary :
And such Receiver or Justice shall take the Examination down in
Writing, and shall make Two Copies of the same, of which he shall
send One to the Board of Trade, and the other to the Secretary of the
Committee for managing the Afiairs of Lloyd^s in London, and
such last-mentioned Copy shall be placed by the said Secretary in
some conspicuous Situation for the Inspection of Persons desirous
of examining the same ; and for the Purposes of such Examination . .

every such Receiver or Justice as aforesaid shall have all the
Powers given by the First Part of this Act to Inspectors appointed
by the Board of Trade.

449. Any Examination so taken in Writing as aforesaid, or a Ori^al or
Copy thereof, purporting to be certified under the Hand of the certified Copy
Receiver or Justice before whom such Examination was taken, f'^*^™^^*
shall be admitted in Evidence in any Court of Justice, or before E^ence. ^
any Person having by Law or by Consent of Parties Authority to

hear, receive, and examine Evidence, t^a prima facie Proof of all
Matters contained in such written Examination.

460. The following Rulej shall be observed by any Person Roles to be
finding or taking possession of Wreck within the United Kingdom; obaervedlyy
(that is to say,) J^nsfindfaig

(L) If the Person so finding or taking possession of the same is '^ '*®*'
the Owner, he shall as soon as possible give Notice to the
Receiver of the Di.-itrict within which sucfi Wreck is
P p 2 found,

580

C. 104.

17" &18«» VICTORIA.

A.D.1854.

Appointment

aiM Duties of

Receivers,

Power for
Beoeivera to
seiie concealed
Wreck.

Notice of
Wreck to be
giyen by
Receiver.

Goods deemed
perishable or of
small Value
may be sold
immediately.

found, stating that he has so found or taken possession
of the same ; and he shall describe in such Notice the
Marks by which such Wreck is distinguished :
(2.) If any Person not being the Owner finds or takes pos-
session of any Wreck, he shall as scon as possible deliver
the same to such Receiver as aforesaid :
And any Person making default in obeying the Provisions of this
Section shall incur the following Penalties ; (that is to say,)
(3.) If he is the Owner and makes default in performing the
several Things, the Performance of which is herebj im-
posed on an Owner,

Ho shall incur a Penalty not exceeding One hundred
Pounds :
(4.) If he is not the Owner and makes default in performing
the several Things, the Performance of which is hereby
imposed on any Person not being an Owner,
He shall forfeit all Claim to Salvage ;
He shall pay to the Owner of such Wreck, if the same
is claimed, but if the same is unclaimed then to the
Person entitled to such unclaimed Wreck, double
the Value of such Wreck (such Value to be recovered
in the same Way as a Penalty of like Amount); and
Ho shall incur a Penalty not exceeding One hundred
Pounds.
46L If any Receiver suspects or receives Information that any
Wreck is secreted or in the Possession of some Person who is not
the Owner thereof, or otherwise improperly dealt with, he may
apply to any Justice of the Peace for a Warrant, and such Justice
shall have Power to grant a Warrant, by virtue whereof it shall
be lawful for the Receiver to enter into any House or other Place
wherever situate, and also into any Ship or Boat, and to search
for, and to seize and detain any such "Wreck as aforesaid there
found ; and if any such Seizure is made in consequence of In-
formation that may have been given by any Person to the Receiver,
the Informer shall be entitled by way of Salvage to such Sum not
exceeding in any Case Five Pounds as the Receiver may allow.

462. Every Receiver shall within Forty-eight Hours after taking
possession of any Wreck cause to be posted up in the Custom
House of the Port nearest to the Place where such Wreck was
found or seized a Description of the same and of any Marks hj
which it is distinguished, and shall also, if the Value of such Wreck
exceeds Twenty Pounds, but not otheru^ise, transmit a similar
Description to the Secretary of the Committee of Lkydts afore-
said ; and such Secretaiy shall post up tlio Description so sent, or
a Copy thereof, in some conspicuous Place, for the Inspection of
all Persons desirous of examining the same.

468. In Cases where any Wreck in the Custody of any Receiver
is under the Value of Five Pounds, or is of so perishable a Nature
or so much damaged that the same cannot, in his Opinion, be advan-
tageously kept, or if the Value thereof is not sufficient to defraj
the Charge of warehousing, the Receiver may sell the same before
the Expiration of the Period herein-after mentioned, and tne
Money raised .by such Sale, after defraying the Expenses thCTCOt,
shall be hc?!d by the Receiver for the same Purpose and subject

A.D.1854.

17** & 18° VICTORIA.

C.104.

581

to the same Claims for and to which the Article sold would have
been held and liable if it had remained unsold.

454. In Cases where any Admiral, Vice- Admiral, Lord of the
Manor, or other Person is entitled for his own Use to unclaimed
Wreck found on any Place situate within a District for which a
Receiver is appointed, such Admiral, Vice -Admiral, Lord of the
Manor, or other Person shall deliver to such Receiver a Statement
containing the Particulars of his Title, and the Address to which
Notices are to be sent ; and upon such Statement being so de-
livered, and Proof made to the Satisfaction of the Receiver of the
Validity of such Title, it shall be his Duty, whenever he takes
possession of any Wreck found at any such Place, to send within
Forty-eight Hours thereafter a Description of the same and of any
Marks by which it is distinguished, directed to such Address as
aforesaid.

456. There shall be paid to all Receivers appointed under this
Act the Expenses properly incurred by them in the Performance
of their Duties, and also in respect of the several Matters specified
in the Table marked V. in the Schedule hereto, such Fees, not ex-
ceeding the Amounts therein mentioned, as may from Time to Time
be directed by the Board of Trade ; and the Receiver shall have
the same Lien and be entitled to the same Remedies for the Re-
covery of such Expenses and Fees as a Salvor has or is entitled to
in respect of Salvage due to him; but, save as aforesaid, no
Receiver appointed under this Act shall, as such, be entitled to
any Remuneration whatsoever.

456. Whenever any Dispute arises in any Part of the United
Kingdom as to the Amount payable to any Receiver in respect of
Expenses or Fees, such Dispute shall be determined by the Board
of Trade, whose Decision shall be final.

457. All Fees received by any Receiver appointed under this
Act, in respect of any Services performed by him as Receiver, shall
be carried to and form Part of the Mercantile Marine Fund, and
a separate Account thereof shall be kept, and the Monies arising
therefrom shall be applied in defraying any Expenses duly in-
curred in carrying into effect the Purposes of the Eighth Part of
this Aci^ in such Manner as the Board of Trade directs.

Salvage in the Untied Kingdom,

458. In the following Cases, (that it to say,)

Whenever any Ship or Boat is stranded or otherwise in
Distress on the Shore of any Sea or Tidal Water situate
within the Limits of the United Kingdom, and Services are
rendered by any Person,

(1.) In assisting such Ship or Boat ;

(2.) In saving the Lives of the Persons belonging to

such Ship or Boat ;
(3.) In saving the Cargo or Apparel of such Ship or
Boat, or any Portion thereof ;
And whenever any Wreck is saved by any Person other than
a Receiver within the United Kingdom ;
There shall be payable by the Owners of such Ship or Boat,
Cargo, Apparel, or Wreck, to the Person by whom such Services
or f^y of them are rendered or by whom such Wreck is saved, a

Pp 3 reasonable

In Cases where
any Lord of the
Manor or other
Person is
entitled to un-
claimed Wreck,
Receiver to give
Notice to him.

Payments to
be made to
Receiver.

Disputes to be
determined by
Board of Trade.

Application of
Tees.

Salvage

in the United

Kingdum,

Salvage in
respect of Ser-
TiceS rendered
in the United
Kingdom,

$82 C. 104. 17" & 18 • VICTORIA. A.D.1854.

Sahaae reasonable Amount of Salvage, together with all Expenses pron

in the Unittd perly incurred by him in the I^erformance of such Services or the

Kingdom, gayine of such Wreck, the Amount of such Salvage and Expenses

.' "7 . (which Expenses are herein-after included under the Term Sal-

V . vage) to be detei*nuncd in case of Dispute in manner hereinafter

mentioned.

Salvage for Life 469. Salvage in respect of the Preservation of the Life, or

may be paid by lives of any Person or Persons belonging to any such Ship or

^?^ M^ . Boat as aforesaid shall be payable by the Owners of the Sup

tile Mari^T"*" ^^ ^®** ^" priority to all. other Claims for Salvage; and in Cases

Fund. whbre such Ship or Boat is destroyed, or where the Value theireof

is insufficient, after Payment of the actual Expenses incurred, to

pay the Amount of Salvage due in respect of any Life or Lives,

the Board of Trade may in its Discretion award to the Salvors

of such Life or Lives out of the Mercantile Marine Fund such

Sum or Sums asl it deems fit, in whole or part Satisfaction of any

Amount of Salvage so left unpaid in respect of such Life or

Lives.

Disputes as to 460. Disputes with respect to Salvage arising within the Bonn-

Salvagehow to Varies of the Cinque Ports shall be determined in the Manner in

be settled. which the same have hitherto been determined ; but whenever

any Dispute arises elsewhere in the United Kingdom between the

Owners of any such Ship, Boat, Cargo, Apparel, or Wreck as

kforesaid, and the Salvors, as to the Amount of Salvage, and th^

Parties to the Dispute cannot agree as to the Settlement thereof

by Arbitration or otherwise,

Then» if the Sum claimed does not exceed Two hundred PoundS|
Such Dispute shall be referred to the Aibitration of any
Two Justices of the Peace resident as follows ; (that is
to say,)

In case of Wreck, resident at or near the Place such

Wreck is found :
In case of Services rendered to any Ship or Boat, or
to the Persons, Cargo, or Apparel belonging thereto,
resident at or near the Place where such Ship or
Boat is lying, or at or near the First Port or I^aoB
in the United Kingdom into which such Ship or
Boat is brought after the Occurrence of the Acci-
dent by reason whereof the Qaim to Salvage anaes :
But if the Sum claimed exceeds Two hundred Pounds,

Such Dispute may, with the Consent of the Parties, be
referred to the Arbitration of such Justices as aforesaid,
but if they do not consent shall in England be decided
by the High Court of Admiralty of England^ in Ireland
by the High Court of Admiralty of Ireland^ and in Scot-
land by the Court of Session ; subject to this Proviso,
that if the Claimants in such Dispute do not recover in

ill a Superior Court, recover any Costs, Charges, or Ex-
panses incurred by them in the Prosecution of their
Claim:

And

A,D.1854. 17 " & 1 8 ° VICTORI.E. C 1C4 £83

And eyery Dispato with respect to Salvage may be heard and
a4)udtcated upon on the Application cither of the Salvor or of
the Owner of the Property salved^ or of their respective Agents.
- 46L Whenever in pursuance of this Act any Dispute as to Manner in
Salvage is referred to the Arbitration of Two Justiocs, tiiey may 'vrhich Justice^
either themselves determine the same, with Power to cail to their ?*y decide
Assistance any Person conversant with Maritime Affairs as Asses- ^^P^"*®^-
aor, or they may if a Difference of Opinion arises between them,
or without such Difference, if they think fit, appoint some Person
conversant with Maritime Affairs as Umpire to decide the Point
m dispute; and such Justices or their Umpire shall make an
Award as to the Amount of Salvage payable, within the following
Times, that is to say, the said Justices within Forty^sight Hours
after such Dispute has been referred to them, and the said Um-
pire within Forty-eight Hours after his Appointment, with Power
nevertheless for such Justices or Umpire by Writing under their
or bis Hands or Hand to extend the Time within which they and
he are hereby respectively directed to make their or his Award.

462. There shall be paid to every Assessor and Umpire who Costs of
may be so appointed as aforesaid in respect of his Services such Arbitration.
Sum not exceeding Five Pounds as the Board of Trade may from
Time tO'Time direct; and all the Costs of such Arbitration, in-
cluding any such Payments as aforesaid, shall be paid by the
Parties to the IHspute, in such Manner and in such Shares and
Proportions as the said Justices or as the said Umpire may dii*ect
by their or his Award.

468. The said Justices or their Umpire may call for the Pro- Josticeft way
duction of any Documents in the Possession or Power of either call for Boca*
Party, which they or he may think ntcessary for determining the ment«i and
Question in dispute, and may examine the Parties or their Wit- ^^^"^^
nesses on Oath, and administer the Oaths necessary for that
Purpose.

464. If any Person is aggrieved by the Award made by such Appeal to
Justices or such Umpire as aforesaid, he may in England appeal Courts of Ad-
to the High Court of Admiralty of England, in Ireland to the ™l»l*y-
High Court of Admiridty of Ireland^ and in Scotland to the
Court of Session ; but no such Appeal shall be allowed unless
the Sum in dispute exceeds Fifty Pounds, nor unless within Ten
Days after the Date of the Award the Appellant gives Notice to
the Justices to whom the flatter was rdferred of his Intention
to appeal, nor unless the Appellant proceeds to take out a Moni«
tion, or to take such other Proceeding as according to the Practice
of tlie Court of Appeal is necessary for the Institution of an Appeal,
within Twenty Days from the Date of the Award.

466. Whenever any Appeal is made in manner herein-before Justices to
provided, the Justices shall transmit to th^ proper Offlcek' of the transmit Copy
Court of Appeal a Copy on unstamped Paper certified under their ^fS^!^^
Hands to be a true Copy of the Proceedings had before siTch ^ y^Jne to
Justioea or their Umpire, if any, and of the Award so made by ck>urtofAppeal.
them or him, accompanied with their or his Certificate in Writing
ef the gross Value of the Article respecting which Salvage is
claimed j and such Copy and C^ificate sh$tll be admitted in the
Court of Appeal as Evidence in the Cause.

P p 4 466. When-

584

C.104.

17* & 18« VICTORIJE.

A,D.1854.

Payment of
Salvage, to
-whom to be
made in case of
Dispnte as to
Apportion-
ment

Apportionment
of Salvage^

Manner of
enforcing Pay-
ment of Sal-
vage.

466. Whenever the aggregate Amount of Salvage payable in
respect of Salvage Services rendered in the United Kingdom has
been finally ascertained either by Agreement or by the Award of
such Justices or their Umpire, but a Dispute arises as to the Appor-
tionment thereof amongst several Claimants, then, if the Amount
does not exceed Two hundred Pounds, it shall be lawful for the
Party liable to pay the Amount so due to apply to the Receiver
of the District for Liberty to paj the Amount so ascertained to
him ; and he shall, if he thinks At, receive the same accordlnglj,
and grant a Certificate under his Hand, stating the Fact of suck
Payment nnd the Services in respect of which it is made ; and
such Certificate shall be a full Discharge and Indemnity to the
Person or Persons to whom it is given, and to their Ship, Boats,
Cargo, Apparel, and Effects, against the Claims of all Persons
whomsoever in respect of the Services therein mentioned; but
if the Amount exceeds Two hundred Pounds, it shall be appor-
tioned in manner herein-after mentioned.

467. Upon the Receipt of any such Amount as aforesaid the
Receiver shall with all convenient Speed proceed to distribute
the same among the several Persons entitled thereto, upon such
Evidence and in such Shares and Proportions as he thinks fit,
with Power to retain any Monies that may appear to him to be
payable to any absent Parties ; but any Distribution made in pur-
suance of this Section shall be final and conclusive against the
Rights of all Persons claiming to be entitled to any Portion of
the Monies so distributed.

468. Whenever any Salvage is due to any Person under this
Act, the Receiver shall act as follows ; (that is to say,)

(1.) If the same is due in respect of Services rendered in assist-
ing any Ship or Boat, or in saving the Lives of Persons
belonging to the same, or the Cargo or Apparel thereof.
He shall detain such Ship or Boat and the Cargo and
Apparel belonging thereto until Payment is made,
or Process has been issued by some competent Court
for the Detention of such Ship, Boat, Cargo, or
Apparel :
(2.) If the same is due in respect of the saving of any Wreck,
and such Wreck is not sold as unclaimed in pursuance
of the Provisions herein-after contained.

He shall detain such Wreck until Payment is made,
or Process has been issued in manner aforesaid :
But it shall be lawful for th'e Receiver, if at any Time previously
to the Issue of such Process Security is given to his Satisfaction
for the Amount of Salvage due, to release from his Custody any
Ship, Boat, Cargo, Apparel, or Wreck so detained by him as afore-
said ; and in Cases where the Claim for Salvage exceeds Two
hundred Pounds it sh^U be lawful in England for the High Court
of Admiralty of England^ in Ireland for the High Court of Admi-
ralty of Ireland^ and in Scotland for the Court of Session, to
determine any Question that may arise concerning the Amount of
the Security to be given or the Sufficiency of the Sureties ; and
in all Cases where Bond or other Security is given to the Receiver
for an Amount exceeding Two hundred Pounds it shall be lawful
for the Salvor or for the Owner of the Property salved, or their

respective

A.DJ854. 17° & 18° VICTORIA. C. 104. 585

respective Agents, to institate Proceedings in such last-mentioned Salvage
Courts for the Purpose of having the Questions arising between in the United
them adjudicated upon, and the said Courts may enforce Payment Kingdom.
of the said Bond or other Security, in the same Manner as if Bail
had been given in the said Courts.

469. Whenever any Ship, Boat, Cargo, Apparel, or Wreck is Power of Re-
detained by any Receiver for Nonpayment of any Sums so due as ^T^'J?* jSved
aforesaid, and the Parties liable to pay the same are aware of such .^^ (5»ef of
Detention, then, in the following Cases, that is to say, Nonpayment.

(1.) In Cases where the Amount is not disputed, and Payment
thereof is not made within Twenty Days after the same
has become due ;
(2.) In Cases where the Amount is disputed, but no Appeal
lies from the First Tribunal to which the Dispute is
referred, and Payment thereof is not made within
Twenty Days after the Decision of such First Tribunal ;
(3.) In Cases where the Amount is disputed, and an Appeal
lies from the Decision of the First Tribunal to some
other Tribunal, and Payment thereof is not made within
such Twenty Days as last aforesaid, or such Monition as
herein-before mentioned is not taken out within such
Twenty Days, or such other Proceedings as are accord-
ing to the Practice of such other Tribunal necessary for
the Prosecution of an Appeal are not instituted within
such Twenty Days ;
The Receiver may forthwith sell such Ship, Boat, Cargo, Apparel,
or Wreck, or a sufficient Part thereof, and out of the Proceeds of
the Sale, after Payment of all Expenses thereof, defray all Sums
of Money due in respect of Expenses, Fees, and Salvage, paying
the Surplus, if any, to the Owners of the Property sold, or other
the Parties entitled to receive the same.

470. Subject to the Payment of such ^Expenses, Fees, and Subject to
Salvage as aforesaid, the Owner of any Wreck who establishes Payments,
his Chwm thereto to the Satisfaction of the Receiver within One J^^^id?
Year from the Date at which such Wreck has come into the
Possession of the Receiver, shall be entitled to have the same
delivered up to him.

Unclaimed Wreck in the United Kingdom, Unclaimed

47L In the event of no Owner establishing a Claim to Wreck the'^Unit^

found in any Place in the United Kingdom before the Expiration Kingdom.

of a Yeiir from the Date at which the same has come into the Pos-

session of the Receiver, then, if any such Admiral, Vice-Admiral, Receiver to
Lord of any Manor, or other Person as aforesaid has given Notice deliver up Pos-
to and has proved to the Satisfaction of the Receiver that he is JSm!^*^Wreck
entitled to Wreck found at such Place, the Receiver shall, upon ^o Lord of
Payment of all Expenses, Fees, and Salvage due in respect of Manor or other
such Wreck, deliver up Possession thereof to such Admiral, Vice- Person entitled.
Admiral, Lord of the Manor or other Person ; and in case of
Dispute aa to the Amount of the Sums so payable, and also in
case of Default being made in Payment thereof, such Dispute
shall be determined and Payment enforced in the Manner in
which such Amount and Payment is hereby directed to be de-
termined

S96

C.1D4.

17*&18'' VICTORIyB.

A.D.IS54-,

Dispatod TiUe
toWreokhoiffto
be decided.

Appeal from
Decision of
Justices.

Power of the
Board of Trade
on behalf of the
Crown to pur-
chase Rights to
M'reck.

Unckimed '
Wreck to be
sold.

Jurisdiction

of the High

Courtpf

^Admiralty,

High Court of
Admiralty may
decide on all
Salyage Cases.

tbrmihed and Enforced in Cases where any Owner esUiblbhes his
Claim to Wreck.

472. If any Dispute arises between the Hecciver and any such
Admiral, Vice- Admiral, Lord of any Manor, or other Persoa as
aforesaid as to the Validity of his Title to Wreck, or if divers
Persons claim to be entitled to Wreck found at the same Place,
the Matter in dispute may be decided by Two Justices in the.
same Manner in which Disputes as to Salvage coming within
the Jurisdiction of Justices are hcrein-before directed to be de-
termined.

478. If any Party to such Di-spute is unwilling to refer the
same to Two Justices, or, having so referred the same, is dis*
satisfied with their Decision, he may within Three Months from
the Expiration of such Year as aforesaid or from the Date of sncli
Decision as aforesaid, as the Case may be, take such Proceedings
as he may be advised in any Court of Law, Equity, or Admiralty
having Jurisdiction in the Matter, for establishing his Title.

474. The Board of Trade shall have Power, with the Consent
of the Treasury, out of the Revenue arising under the Eighth
Part of this Act, for and on behalf of Her Majesty, Her Heira
and Successors, to purchase all such Eights to Wreck as may he
possessed by any Person or Body Corporate, other than Her
M^esty ; and for the Purpose of facilitating such Purchases the
Provisions of the "Lands Clauses Consolidation Act, 1845," and
the ** Lands Clauses Consolidation {Scotland) Act, 1845," relating
to the Purchase of Lands by Agreement, shall be incorporated
with this Act ; and in the Construction of this Act and the said
incorporated Acts this Act shall be considered to be the " Special
Act ;" and any such Rights to Wreck as aforesaid shall be con-
sidered as an Interest in Land authorized to be taken byUie
Special Act, and Her Majesty, Her Heirs and Successors, shall
be considered as the Promoters of the Undertaking.

475. If no Owner establishes his Claim to Wreck found at any
Platte before the Expiration of such Period of a Year as afore-
said, and if no Admiral, Yice-Admiral, Lord of any Manor* or
Person other than Her Majesty, Her Heirs and Successors, is
proved to be entitled to such Wreck, the Receiver shail forthwith
sell the same, and after Payment of all Expenses attending sack
Sale, and deducting therefrom his Fees, and all Expenses (if any)
incurred by .him, and pnying to the Salvors such Amount of Sal-
vage as the Board of Trade may in each Case or by any general
Rule determine, pay the same into the Receipt of Her Majest/5
Exchequer in such JIanncr as- the Treasury xnay direct, and the
same shall be carried to and form Part of the Consolidated Faad
of the United Kingdom.

Jurisdiction of the High Court of Admiralty,

476. Subject to the Provisions of this Act, the High Court
of Admiralty shall have Jurisdiction to decide upon all CMod
whatsoever relating to Salvage, whether the Services in respM*
of which Salvage is claimed were performed upon the High Sea^
or within the Body of any County, or partly in one Place WMl
partly in the other, and whether the Wreck is found at Sea or cast
upon the Land, or partly in the Sea and partly on Land. .

Offices

A.D.1864. 17o & 18^ VICTOHIiE. C.104, SAt

Offmu§s im respect of fVreck. offmee^in .

4^7. Whenever any Ship or Boat is stranded or otherwise in '^^S^^^ ' '
Distress on or near the Shore o£ any Sea or Tidal Water in the '^ . _

United Kingdom, and sueh Ship or Boat, or any Pari of the Wreck being
Cargo or Apparel thereof, is plundered, damaged, or destroyed by plandered by a
any Persons riotously and tnmultuously assembled together, whether tumultuous
on shore or afloat, full Compensation shall be made to the Owner nJ^^dto be
of such Ship, Boat, Cargo, or Apparel, as follows ; (that is to say,) ^^^ ^^
In England by the Inhabitants of the Hundred, Wapentake, Damages,
Ward, or District in the Nature of a Hundred, by whatever
Name denominated^ in or nearest to which the said Offence
is committed, in manner provided by an Act of the Eighth
Year of the Reign of King George the Fourth, Chapter 7&8G,4.c.3i.
Thirty*one, in ciase of the Destruction of Churches and other
Buildings by a riotous Assemblage, or as near thereto as Cir-
cumstances permit :
In Ireland by the Inhabitants of the County, . County of a
City or Town, Barony, Town or Towns, Parish or Parishes,
in or nearest to which such Offence is coramitted, in manner
provided by an Act of the Fourth Year of the Reign of King 3&4W.4.c37.
fVUKam the Fourth, Chapter Thirty -seven, for the Recovery ■• ^^•
of Satisfaction and Amends for the malicious Demolition
of or Injury to Churches, Chapels, and other Buifdings used
for Religious Worship, according to the Usage of the United
Church of England and Ireland^ or as near thereto as Cir-
cumstances permit :
In Scoilandhy the Inhabitants of the County, City, or Borough
in or nearest to which such Offence is committed, in manner
provided by an Act of tlie First Year of King George the lG.l.8t.2.c.5.
First, Statute Two, Chapter Five, with respect to Prosecutions
for repairing the Damages of any Churches and other Build-
. ings, or as near thereto as Circumstances permit.

478. Every Person who does any of tlie following Acts, (that Penalty for
is to say,) plundering in

(1.) Wrongfully carries away or removes any P*iPt of any Ship ^^''*? **C'?^*
or Boat stranded or in danger of being stranded or other- ot^tititing the
wise in Distress on or near the Shore of any Sea or saving of ship-
Tidal Water, or any Part of the Cargo or Apparel wrecked Pro-
thereof, or any Wreck ; or perty,and for

(2.) Endeavours in any way to impede or hinder the saving '^^J^'*^
of such Ship, Boat, Cargo, Apparel, or Wreck ; or '*"*

■ (8.) Secretes any Wreck, or obliterates or defaces any Marks

thereon ;
Shall, in addition to any other Penalty or Punishment he may be
Subject to under this or any other Act or Law, lor each such
Offisnce incur a Penalty not exceeding Fifty Pounds ; and every
Person, not being a Receiver or n Person herein -before authorized
to take the Command in Cases of Ships being stranded or in
Distress, or not acting under the Orders of sueh Receiver or
Person, who, without the Leave of the Master, endeavours to
board any such Ship or Boat as aforesaid, shall* for each Offence
incur a Penalty not exceeding Fifty Pounds ; and it shall be lawful
for the Master of such Ship or Boat to re|>el by Force any such
Person so attempting to board the same.

470. If

588 a 104. 17» & 18*> VICTORIiE. A.D.1854.

Penalty for 479. If any Person takes into any Foreign Port or Place any

fielling Wreck ghip or Boat stranded, derelict, or otherwise in Distress on or near
Torta^^^ the Shore of the Sea or of any Tidal Water situate within the
Limits of the United Kingdom, or any Part of the Cargo or
Apparel thereof, or anything belonging thereto, or any Wreck
found within such Limits as aforesaid, and there sells the same, he
shall be guilty of Felony, and be subject to penal Servitude for a
Term not exceeding Four Years.

Dealers in Dealers in Marine Stores and Manufacturers of Anchors.

and^Mtuw^ 480. Every Person dealing in buying and selling AncborSy

fachwers of Cables, Sails, or old Junk, old Iron, or Marine, Stores of any

Anchors. Description, shall conform to the following BeguUtions ; (that is

to say,)

^«^®°! *? (1.) He shall have his Nome, together witK the Words " Dealer
^^ k i^ Marine Stores,** painted distinctly in Letters of not

Marine Stores. less than Six Inches in Length on every Warehouse or

other Place of Deposit belonging to him ;

If he does not he shall incur a Penalty not exceeding
Twenty Pounds :
(2.) He shall keep a Book or Books, fairly written, and shall
enter therein an Account of all such Marine Stores as
he may from Time to Time become possessed of, stating,
in respect of each Article, the Time at which and the
Person from whom he purchased or received the same^
adding, in the Case of every such last-mentioned Person,
a Description of his Business and Place of Abode ;
If he does not he shall incur for the First Offence a
Penalty not exceeding Twenty Pounds, and for
every subsequent Offence a Penalty not exceeding
Fifty Pounds :
(3.) He shall not, by himself or his Agents, purchase Marine
Stores of any Description from any Person apparenUj
under the Age of Sixteen Years ;
If he does so he shall incur for the First Offence* a
Penalty not exceeding Five Pounds, and for every
subsequent Offence a Penalty not exceeding Twenty
Pounds :
(4.) He shall not cut up any Cable, or any similar Article, ex-
ceeding Five Fathoms in Length, or unlay the same into
Twine or Paper Stuff, on any Pretence whatever, without
obtaining such Permit and publishing such Notice of his
having so obtained the same as is herein-after mentioned ;
If he does so he shall incur for the First Offence a
Penalty not exceeding Twenty Pounds, and for
every subsequent Offence a Penalty not exceeding
Fifty Pounds.

Manner of ob- 481. In order to obtain such Permit as aforesaid a Dealer in
taining Permit Marine Stores shall make a Declaration before some Justice of the
tocutup Cables Peace having Jurisdiction over the Place where such Dealer re-
sides containing the following Particulars ; (that is to say,)
(I.) A Statement of the Quality and Description of the Cable
or other like Article about to be cut up or unlaid :

(2.) A

A.DJ854. 17 « & 18*» VICTORIA. C. 104, 589

(2.) A Statement that he purchased or otherwise acquired the Dealers in
same bond fide and without Fraud, and without any MarUieStores
Knowledge or Suspicion ihat the same had been come fJ^^^^}
by dishonestly : An^^

(3.) A Statement of tlie Name and Description of the Person

from whom he purchased or received the same :
And it shall be lawful for the Justice before whom any such
Declaration is made, or for the Receiver of the District in which
such Dealer in Marine Stores resides, upon the Production of any
such Declaration as aforesaid, to grant a Permit authorizing him
to cut up or unlay such Cable or other like Article.

482. No Dealer in Marine Stores who has obtained such Permit Pemiit to be
as aforesaid shall proceed by virtue thereof to cut up or unlay ffl*'*^
any Cable or other like Article until he has for the Space of One pJo^^^o act
Week at the least before doing any such Act published in some thereon.
Newspaper published nearest to the Place where he resides One

or more Advertisements notifying the Fact of his having so ob-
tained a Permit, and specifying the Nature of the Cable or other
Article mentioned in the Permit, and the Place where the same
is deposited, and the Time at which the same is intended to be
so cut up or unlaid; and if any Person suspects or believes
that such Cable or other Article is his Property, he may apply to
any Justice of the Peace for a Warrant ; and such Justice of the
Peace may, on the Applicant making Oath, or, if a Person entitled
to make an Affirmation, making an Affirmation in support of such
his Suspicion or Belief, grant a Warrant by virtue whereof the
Applicant shall be entitled to require the Production by such
Dealer as aforesaid of the Cable or other Article mentioned in the
Permit, and also of the Book of Entries hereinbefore directed to
be kept by every Dealer in Marine Stores ; and, upon such Cable
or other Article and Book of Entries being produced, to inspect
and examine the same; and if any Dealer in Marine Stores
makes default in complying with any of the Provisions of this
Section, he shall for the First Offence incur a Penalty not exceed-
ing Twenty Pounds, and for eveiy subsequent Offence a Penalty
not exceeding Fifty Pounds.

483. Every Manufacturer of Anchors shall in case of each Manofacturers
Anchor which he manufactures, mark in legible Characters on to place Marks
the Crown and also on the Shank under the Stock his Name or ^° -A.nchors.
Initials, with the Addition of a progressive Number and the

Weight of such Anchor ; and if he makes default in doing so he
shall for each Offence incur a Penalty not exceeding Five Pounds.

Salvage by Her Majesty^s Ships, Salvage by

484. In Cases where Salvage Services are rendered by any * J_ *^'*

Ship belonging to Her Majesty or by the Commander or Crew Xo Claim for
thereof, no Claim shall be made or allowed for any Loss, Damage,* Salvage in re-
or Risk thereby caused to such Ship, or to the Stores, Tackle, or ^^^f^^
Furniture thereof, or for the Use of any Stores or other Articles |^J^ ^^ ^.
belonging to Her Majesty supplied in order to effect such Ser- ^^^^
vices, or for any other Expense or Loss sustained by Her Majesty

by reason of such Services.

486. No CUim whatever on account of any Salvage Services Caaima for Sol-
rendered to any Ship or Cargo or to any Appurtenances of any ]S?^,f ^

590 0*104. l?** & 18* VICTORIiE. A.D.1854.

cew not to be Ship by the Commander or Crew or Part of the Crew of any of
d^^enun^ Her Majesty's Ships shall be finally adjudicated upon unless the
^^^^P?^' Consent of the Admiralty hatf first been obtained, such Consent to
J^^;^ be signified by Writing under the Hand of the Secretary to the

Admiralty ; and if any Person who has originated Proceedings in
respect of any such Claim fails to prove such Consent to the
Satisfaction of the Court, his Suit shall stand dismissed and he
shall pay aU the Costs of such Proceedings ; provided that any
Document purporting to give such Consent and to be signed by
the Secretary to the Admiralty shall be primd fo/de Evidence of
such Consent having been given.
Steps to be 486. Whenever Services for which Salvage is claimed are

taken when rendered to any Ship or Cargo, or to any Part of any Ship or
^^^^b ^^'S^^j ^^ ^ *^y Appurtenances of any Ship, at any Place out of
^CTideredby^^ the United Kingdom and the Four Seas adjoining thereto, by the
Her Migesty*s Commander or Crew or Part of the Crew of any of Her Majesty^s
Ships abroad. Ships, the Property alleged to be salved shall, if the Salvor is jus-
tified by the Circumstances of the Case in detaining it at all, be
taken to some Port where there is either a Consular Officer or a
Vice- Admiralty Court; and within Twenty-four Hours after' ar-
riving at such Port the said Salvor and the Master or other Person
in charge of the Property alleged to be salved shall each deliver to
the Consular Officer or Vice- Admiralty Judge there a Statement
verified on Oath, specifying, so far as they respectively can, and
so far as the Particulars required apply to the Case,
(1.) The Place, Condition, and Circumstances in which the said
Ship, Cargo^ or Property was at the Tim<) when the
Services were rendered for which Salvage is claimed :
(2.) The Nature and Duration of the Services rendered :

And the Salvor shall add to his Statement,
(3.) The Proportion of the Value of the said Ship, Cargo, and
Property, and of the Freight which ho claims for Salvage
or the Values at which ho estimates the said Ship,
Freight^ Cargo, and Property respectively, and the seve-
ral Amounts that he claims for Salvage in respect' of
. , the same :

(4.) Any other Circumstances he thinks relevant to the said

Claim :

And the said Master or other Person in charge of the s&id

Ship, Cargo, or Property shall add to his Statement^

(3.) A Copy of the Certificate of Registry of the said Ship,

and of the Indorsements thereon, stating any Change

which (to his Knowledge or Belief) has occurred in

the Particulars contain^ in such Certificate; and

. statiiig also^ to the best of his Knowledge and Bolifif,

the State of the Title to the Ship for the Time btinsu

and of the Incombranoes and Certificates of Mortga^

Sale, if any, affecting the same^ and the Names and

Places of Business of the Owners actd Incumbranoeci :

4.) The Name and Place of Business or Residence of the

Freighter (if any) of the said Ship, and the Freight to

be paid for the Voyage she is then on :

(5.) A

A.D.1854. 1 7 ° & 18'' VICTOJRIjE. C. 104. 891

. (5.) A general Aecount of the Qaantity and Naturo of the Salvage by
Cargo at the Time the Salvage Servfces were rendered : ^* ■^- Skip»^

(6.) The Name and Place of Business or Residence of the '"'^

Owner of such Cargo and of the Consignee thereof :

(7.) The Values at which the said Master estimates the said •

Ship, Cargo, and Property, and the Freight rcspectivelj,
or, if he thinks fit, in lieu of such estimated Value of
the Cargo, a Copy of the Ship's Manifest :
• (8.) The Amounts which the Master thinks should be paid as
Salvage for the Services rendered :

(9.) An accurate List of the Property saved, in Cases where
the Ship is not saved :

(10.) An Account of the Proceeds of the Sale of the said Ship,
Cargo, or Property, in Cases where the same or any of .
them are sold at such Port as aforesaid :

(11.) The Number, Capacities, and Condition of the Crew of
the said Ship at the Time the said Services were ren-
dered :
. (12.) Any other Circumstances he thinks relevant to the Matters
in question :

(13.) A Statement of his Willingness to execute a Bond, in
the Form in the Table marked W. in the Schedtde
hereto, in such Amount as the said Consular OflScer or
Vice-Admiralty Judge may fix.

487. The said Consular Officer or Judge, as the Case may be, Gonralar Offi-
shall within Four Days after receiving the aforesaid Statements cer or Judge to
fix the Amount to be inserted in the said Bond at such Sum as ^.^*^ ^'^
be thinks sufficient to answer the Demand for the Salvage Ser^ J ^ be^givOT.
vices rendered ; but such Sum shall not exceed One Half of the *
Value which in his Estimation the said Ship^ Freight, and Cargo,

or any Parts thereof in respect of which Salvage is claimed, are
worth ; and the said Consular Officer or Judge may, if either of
the aforesaid Statements is not delivered to him within the Time
hereby required, proceed ex parte, but he shall in no Case under
this Act require the Cargo to be unladen ; and the said Consular
Officer may in any Proceeding under this Act relating to Salvage
take Affidavits and receive Affirmations.

488. The said Consular Officer or Judge shall send Notice of On ^•^^
the Sum which he has so fixed as aforesaid to the said Salvor and ^f^^^^^
the said Master ; and upon such Master executing a Bond in such Detention to
Form as aforesaid, with the said Sum inserted therein* in the Pre- oease.
aence of the said Officer or Judge (who shall attest the same)^ and
delivering the same to the said Salvor, the Right of the said Salvor

to detain or retain Possession of the said Ship, Cargo, or Property,
or any of them, in respect of the said Salvage Claim, shall' cease.

489. If the Ship, Cargo, or Property in respect of which the Prorision for
Claim for Salvage is made is not owned by Persons domiciled in tfdditioiial fie-
Her Mijesty's DominionB, the Right of the Salvor to detain or c^rity in tibe
setain Possession thereof shall not cease unle$s the Master pro- ^^^^l^l^?"
oures, in addition to the said Bond, such Security for the due Per- 2ona rendoT"
fiirautace of the Conditioiis thereof as the said Officer or Judge out of Her
QOTuridera sufficient for the Purpose, and places the same in the Majesty's
Possession or Custody of the said Officer or Judge or if the Dominions.

Salvor

592

C.104. .

17- & 18^ VICTORIiE.

A.Dn854-

Salvage hy
H. 3f. Ships.

Documents to
be sent to
England?

Whom the
Bondshallbind.

Coort in which
it is to be ad-
judicated on.

Power of High
Court of Ad-
miralty to
enforce Bonds.

Saving Clause.

Documents free
from Duty.

Punishment for
Porgery and
false Represen-
tations.

Salvor so desires, in the Possession or Custody of the said Officer
or Judge jointly with any other Person whom the said Salvor
appoints for the Purpose;

490. The said Consular Ofiicer or Judge shall at the earliest
Opportunity transmit the said Statements and Documents so
sent to him as aforesaid, and a Notice of the Sum he has so fixed
as aforesaid, to^ the High Court of Admiralty oi England^ or if tiic
said Salvor and the said Master or other Person in charge as
aforesaid agree that the said Bond shall be adjudicated upon by
any Vice- Admiralty Court, to such Court.

49L The said Bond shall bind the respective Owners of tho
said Ship, Freiglit, and Cargo, and their respective Heirs, Execu-
tors, and Administrators, for the Salvage adjudged to be payable
in respect of the said Ship, Freight, and Cargo respectively.

492. The said Bond shall be adjudicated on and enforced by
the High Court of Admiralty in England^ or if the said Salvor and
Master at the Time of the Execution of the said Bond agree upon
any Vice-Admiralty Court, then by such Vice- Admiralty Court;
and any such Vice-Admiralty Court may in every Proceeding
under this Act have and ^exercise all Powers and Authorities
whatsoever which the said' High Court of Admiralty now has or
at any Time may have in any Proceeding wliatsoever before it ;
and in Cases where any Sccuritj for the due Performance of
i\\^ Conditions of the said Bond has been placed in the Posses-
sion or Custody of the said Consular Officer or Vice-Admiralty
Judge, or of such Officer or Judge jointly with any otlier Person,
the Person or Persons having the Custody of such Security shall
respectively deal with the same in such Manner as the Court
that adjudicates on the Bond directs.

498. The said High Court of Admiralty shall have Power
to enforce any Bond given in pursuance of this Act in any
Vice-Admiralty Court in any Part of Her Majesty's Dominions ;
and all Courts in Scotland^ Ireland^ and the Islands of Jersey^
Guernsey^ Alderney^ Sarkj and Man, exercising Admiralty Juris-
diction shall, upon Application, aid and assist the High Court
of Admiralty in enforcing the said Bonds.

494. Any such Salvor as aforesaid of any Ship, Cargo, or
Property, who elects not to proceed under this Act, shall have
no Power to detain the said Ship, Cargo, or Property, but may
proceed otherwise for the Enforcement of his Salvage Claim as
if this Act had not been passed ; and nothing in this Act con-
tained shall abridge or affijct the Rights of Salvors, except in the
Cases by it provided for.

496. All Bonds, Statements, Agreements, and other Docu-
ments made or executed in pursuance of the Eighth Part ot
this Act shall, if so made or executed out of the United King-
dom, be exempt from Stamp Duty.

496. Every Person who, in any Proceeding under ProvisioDS
contained in the Eighth Part of this Act relating to Salvage by
Her Majesty's Ships, forges, assists in forging, or procures to be
forged, fraudulently alters, assists in fraudulently altering, or pro*
cures to be fraudulently altered, any Document, and eyery Person
who in any such Proceeding puts off or makes use of any such
forged or altered Document, knowing the same to be so forged

or

A.D.1854, 17» & 18* VICTORIA. C- 104: 593

or altered, or wbo in nxkj such Proceeding gives or makes, or Salvage 6y

assists in giving or making, or procures to be given or made, anj ^* ^^ Sh^ \

false Evidence or Representation, knowing the same to be false, ""^ \

shall be punishable with Imprisonment, with or without Hard I
Labour, for anj Period not exceeding Two Years, or, if summarily

prosecuted and convicted, bj Imprisonment, with or without Hard '

Labour, for any Period not exceeding Six Idonths. |

Salvage, General. Sahoge I

407. Whenever Services for which Salvage is claimed are ^ ^'

rendered cither by the Commander or Crew or Part of the Crew Volantary i

of any of Her Majesty's Ships, or of any other Ship, and the Agreementmay

Salvor voluntarily agrees to abandon his Lien upon the Ship, ^ "•de which

Cargo, and Property alleged to be salved, upon the Master or J^j^JL?!^

other Person in charge thereof entering into a written Agree- ^Sond ahove

ment attested by Two Witnesses to abide the Decision of the mentioned.

said High Court of Admiralty, or of any Vice-Admiralty Court,

and thereby giving Security in that Behalf to such Amount as

maybe agreed on by the Paitiei to the said Agreement, such

Agreement shall bind the said Ship, and the said Cargo, and

the Freight payable therefor respectively, and the respective

Owners of the said Ship, Freight, and Cargo for the Time

being, and their respective Heirs, Executors, and Administrators,

for the Salvage wliich may be adjudged to be payable in respect

of the said Ship, Cargo, and Freight respectively, to the Extent

of the Security so given as aforesaid, and may be adjudicated

upon and enforced in the same Manner as the Bonds provided for

by the Eighth Part of this Act, in the Case of Detention for

&ilvage Services rendered by Her Majesty's Ships; and upon

such Agreement being made the Salvor and the Master or other

Person in charge as aforesaid, shall respectively make such

Statements as are herein-before required to be made by them

in case of a Bond being given, except that such Statements

need not be made upon Oath ; and the Salvor shall, as soon as

practicable, transmit the said Agreement and the said Statements

to the Court in which the said Agreement is to be adjudicated

upon.

498. Whenever the aggregate Amount of Salvage payable in Powers for
respect of Salvage Services rendered in the United Kingdom has ^^iSr^tv"*
been finally ascertained, and exceeds Two hundred Pounds, and j^^^^^^q
whenever the aggregate Amount of Salvage payable in respect of apportion Sal-
Salvage Services rendered elsewhere has been finally ascertained, ^age.
whatever such Amount may be, then if any Delay or Dispute
arises as to the Apportionment thereof, any Court having Admi-
ralty Jnrisdiction may cause the same to be apportioned amongst
the Persons entitled thereto in such Manner as it thinks just ;
and may for that Purpose, if it thinks fit, appoint any Person
to carry such Apportionment intoefiect,and may compel any Per-
son in whose Hands or under whose Control such Amount may be
to distribute the same, or to bring the same into Court, to be
there dealt with as the Court may direct, and may for the Purposes
aforesaid issue such Monitions or other Processes as it thinks fit.

17 & 18 Vict. Q q Mueellaneaus.

594

C.104.

170 & 18» VICTOEIiB.

AJ).18S4.

Foreign Goods
found derelict
to be subject to
the same Duties
as on Importa-
tion.

Goods saTed
from Ships
wrecked to be
forwarded to
the Ports of
their orig

FroYision as to
certain Terms
in Scotland.

% MtMcdlaneous*

489. All Wreck, being Foreign Goods brought or coming into
the United Kingdom or the I$ls ofMan^ shall be snbjeet to tiie
saiae Duties as if the same were imported into the United Kingdom
or the Isie of Man respectively; and if any Qnestion arises as to
the Origin of such Goods, they shall be deemed to be the Prodaoe
of such Country as the Commissioners of Customs may upon In-
vestigation determine.

600. The Commissiofiers of Customs and Excise shall permitaJl
Goods, Wares, and Merchandise saved from any Ship stranded or
wrecked on its Homeward Voyage to be forwarded to the Port of
its original Destination, and all Goods, Wares, and Merchandise
saved from any Ship stranded or wrecked on its Outward
Voyage to be returned to the Port at which the same were
shipped ; but such Commissioners are to take Security for the
due Protection of the Revenue in respect of such GU)ods, Wares,
and K!crchandise.

501. All Matters and Things that nmy in pursuance of the
Eighth Part of this Act be done by or to any Jnstiee, or any
Two Justices, may in SeeUand be done also by or to (he
Sheriff of the County, including the Sheriff Substitute; and the
Expression "Lord or Lady of a Manor" shall in the Eighth
Ffcrt of this Act, so far as r^ards Scotland, includd '* Heritable
Proprietor duly infeft"

Application,

Application of
Part DL of Act.

PART IX.

LIABILITY OF SHIPOWNERS.

AppUcatioH,
602. Tlie Ninth Fart of this Act shall apply to the whole of
Her Majesty^i Dominions.

Limitation of
Liability.

LmitttHon of lAaJMUhf,

603. No Owner of any Sea-going Ship or Share therein shall

OwMT not ^ liable to make good any Loss or Damage that may happen
liable »t«flpeet without his actual Fault or Privity of or to any of the foUowlng
of «eitHn Things, (that is to say,)

^^^^^^^^^ (1.) Of or to any Goods, Merchaodise, w other Things whatso-

ever taken in or put on board any snch Ship, by nttm
of any Fire happening on board sndi Ship^
(2.) Of or to any Gold, SUver, DkoMttds, Waives, Jewels, or
Precious Stones taken in or pat on board any weh Shi^
by reason of any Robbery, Embeailesient^ muaking wmj
with or secreting thereof, unless the Owner or Simper
thereof has, at the Time of shipping the mobs^ insoM
in his Bills of Lading or otherwise ^heclarad in. Writing
to theMaster or Owner of sncfa Ship thetxaeNatasetB^
Value of such Articles,
To any Extent whatever.

004. No

A.D.1854. 17» & 18*^ VICTORIJE. C. 104. 595

504. No Owner of aaj Sea^gdng Ship or Sbave theroin shall, MetBvreof
in Cmw where alloraaj of th& following Eveut&oaour wUhout his Owners Lia-
Mtttol Fault or JPrivitj, (tha^ is to say,) ^^1^^-

(1.) Where any Loss of Life or personal Injury is caused to any

Person being carried in suoh 8hip ;
(£.) Where any Damage or Loss is caused to any Gneds^ Mer-
chandise^ or other Xliings whatsoerer on hoard any
such Ship ;
(3.) Where any Loss of Life or personal Injury is hy veaeoa of
the improper Navigation of such Sea-going Bbip as
aforesaid caused to any Penon carried in any other Ship
cr'Boat ;
(4.) Where any Loss or Damage is hy reaaon of any such im-
proper Navigation of such 8ea[-going Ship ae aforesaid
eauised to any other Ship or Boat, or to any Goods, Mer-
chandise, or other Things whatsoever, on board any other
Ship or Boat ;
Be anaweral^ in Damages to an Extent beyond the Value of his
Ship and the Freight due or to grow due in respect o£ sneh Ship
danag the Visage which at the Time of the happening of any
aach Erents as aforesaid is in prosecution or cMstraeted for, sub-
jcet to the following Proviso, (that is to say,) that in no Case
irfaere any such Liability as aforesaid is incurred iareipeot of Lees
of Life or personal Injury to any Passenger, shall the Value of any
such Ship and the Freight thereof be taken to be leas then Ft£keen
Pounds per registered Ton.

£06. For the Purposes of the Ninth Part of this Act, the ys1ae<»f Car-
Freight shall be deemed to include the Value of the Carriage of "ag® o^ Goods
any Gioods or Merchandise belonging to tl^ Owners of the Ship, ^^ '^'^^
Passage Money, and also the Hire due or to grow due under or considered as
by virtue of any Contract, except only such Hire, in the Case of a Freight.
£^p hired for Time, as may not begin to be earned until the
Expiration of Six Months after such Loss or D<amage<

606. The Owner of every Seikgoing Ship or Share therein Provision for
AaJl be liable in re^^t of every sudi Loss of Lifo, personal separate Losses.
Injury, Loss of or Damage to Goods as aforesaid' arising on dis-
tinct Occasions to Hie same Extent as if no other Loss, Injury, or
IXunage had arisen.

Mode qf l^V€eck$r0. Mode of

MV. WhenofW any such Liability as aforesaid has been or is ^'^^««-
alleged to have been incurred in respect of Loss ef Life or per- jn case of Loss
aonal IiQnry, the Bosjd of Trade may, in its Dieeretiony after of life or
finag not leas than Three Bays Notice by Poet or otherwise to personal Iigory,
ike P^irty to be made Defendant or Defender, hy Wavrant sealed Board of Trade
with the Seal of such Board or signed by One ai its Secretaries or Sl^lf^L,
Jkmiatant SMvetanes require Ae Sheriff having Jurisdiction over ''^''''^^^«^'
any Plaoe in the United KiagSLeia to smnmon a Smj at a Time and
Piaee to be speeiAed in mtSk Warrant for the Purpose of deter-
aabiing the foUoiriag Question ; (that is to si^,).

The Mnmbery I^amesi and Descriptions of all Fsraeas killed or
injured by reason of any wrongfol Act, If eglect, or Dofoult :

Qq2 And

596

C.104.

!?• & 18« VICTOBIiES.

A.D.18S4.

Modeof
Proeedurt.

Either F&rty
ma J require
QoeBtioiito
be tried by a
Special Jury.

ProyisioiiB for

CoDdactof

Proceedings.

And upon the Receipt of Buch Warrant the Sheriff shall sum-
mon a Jury of Twentj-four indifferent Personsi duly qualiiied to
act as Common Jurymen in the Superior Courtei to meet at sach
Time and Phice as aforesaid.

508. If either Party to the Inquiry desire any such Qaestion
as aforesaid to be tried before a Special Jury, such Question shall
bekso tried, provided that Notice of such Desire, if coming from
th^ other Party, is given to the Board of Trade before it hw
issued its Warrant to the Sheriff; and for that Purpose the Board
of Trade shall, by its Warrant to the Sheriff, require him to nomi-
nate a Special Jury for such Trial ; and thereupon the Sheriff
shall, as soon as conveniently may be after the Receipt by him of
such Warrant, summon both the Parties to appear bdbre him hy
themselves or their Attpmies or Agents at some convenient
Time and Place appointed by him for the Purpose of nominating
a Special Jury ; and at the Place and Time so appointed the
Sheriff shall proceed to nominate and strike a Special Jury in
the Manner in which such Juries are required by the Lavs for
the Time being in force to be nominated or struck by the proper
Officers of the Superior Courts ; and the Sheriff shall appoint a
Day, and shall on the Day so appointed proceed to reduce the
said Special Jury to the Number of Twenty, in the Manner
used and accustomed by the proper Officers of the Superior
Courts.

609. The following Provisions shall be applicable to the Con-
duct of Proceedings by the Board of Trade ; (that is to say,)

(1.) The Sheriff shall preside at such Inquiry, and the Board
of Trade shall be deemed in England and Ireland to
be the Plaintiff, and in Scotland the Pursuer, both of
which Terms are herein-after included in the Term
Plaintiff, with Power to appoint any Agent to act on
its Behalf, and shall have all such Rights and Privileges
as the Plaintiff is entitled to in Actions at Law ; and
the Owner or Owners of the Ship or Ships by whom
such Liability as last aforesaid is alleged to have been
incurred shall be deemed in England and Ireland to he
the Defendant, and in Scotland the Defender, both of
which Terms are herein-after included in the Term
Defendant :

(2.) Not less than Ten Days Notice of the Time and Place of
the Inquiry shall be served by the Board of Trade on
the Defendant :

(3.) Service on the Master of any Ship shall be deemed good
Service on the Owner thereof, and the Master shall, in
respect of the Proceedings on such Inquiry, be deemed
the Agent and Representative of the Owner, with Power
to appear for him on such Inquiry, and to do all Matters
and Things which he migh*t himself have done :

(4.) If the Defendant does not appear at the Time of such
Inquiry, the same shall be proceeded with as if he had
appeared, upon due Proof of Service of Notice having
been made on him in pursuance of this Act :

(6.) The

A.D.1854. 17** & 18*^ VICTORIiE. C- 104. 597

(5.) The empannelling of the Jury and the summoning and Mode of
Attendance of Witnesses shall be conducted and en- Procedure.
forced in England and Ireland in manner provided by """**

the Lands Clauses Consolidation Act, 1845, in Cases of
disputed Compensation as to Land, and in Scotland in
manner provided by the Lands Clauses Consolidation
(SeUland) Act, 1845, in like Cases, or as near thereto as
Circumstances permit; and all Provisions in the said
Acta having reference to Cases where any Question of
disputed Compensation requires to be determined by the
Verdict of a Jury shall, with the requisite Alterations,
be considered as incorporated with this Act, and to have
reference to Cases where the Question of the Liability
of any Owner in respect of any such Accident as afore-
said requires to be determined by the Verdict of a Jury :

(6.) In England and Ireland the Sheriff shall, if the Board of
Trade so requires, or if the Defendant so requires and
the Board of .Trade consents thereto, appoint as Assessor
a Barrister-at-Law of competent Knowledge and Stand-
ing:

(7.) The Costs incurred by all Parties in and incidental to any
such Liquiry as aforesaid shall in England and Ireland
be taxed by the Master of One of Her Mt^esty's Superior
Courts of Common Law as between Attorney and Clien^f
and in Scotland by the Auditor of the Court of Session
as between Agent and Client ; and shall, if the Verdict
in any Inquiry is in favour of the Plaintiff, be paid by
the Defendant, but if such Verdict is in favour of the
Defendant, be paid by the Board of Trade out of the
Mercantile Marine Fund :

(8.) The Payment of all Damages and Costs in any such
Inquiry as aforesaid shall, upon Application made to
such Superior Court as aforesaid by the Party entitled
thereto, be enforced by Rule or Order of such Court or
a Judge thereof, or otherwise as such Court or Judge
thinks fit:

(9.) The Board of Trade may make any Compromise it thinks
fit as to the Damages payable in respect of personal
Injury, or of the Death of any Person ; and any Damages
received in pursuance of such Compromise shall, so far
as the same extend, be applied in the same Manner and
be subject to the same Rules as if the same were Damages
recovered on an Inquiry instituted by the Board of
Trade.

610. The following Rules shall be observed as to the Damages Boles as to
recovered in any such Inquiry, and the Application thereof; (that Damages, and
38 to sayO AppliMtion

(1.) The Damages payable in each Case of Death or Injury *"«'*®^
shall be assessed at Thirty Pounds :

(2.) The Damages found due on any such Inquiry as aforesaid
shall be the first Charge on the aggr^ate Amount for
which the Owner is liable, and shall be paid thereout in
Priority to all other Claims :

Q q 3 (3.) AU

598 0-104. 17*> & 18» VICTORIA. A.D.1854.

Mwltqf (3.) All such Dttnag86 as aforesftid shall be paid to Her

Procedure. Majesty's Paymaster General, and shall be distribnted

"""^ and deak with by hitn in sii<di Manner as 4iie Board

of Trade directo ; and in directrng such Distribution the
B«ard of Trade shall have Power in the fin* place to
deduct and retain any Costs ittcideirtal thento ; and in
the next place, as r^ards the Sams paid in respect of
Ii\)UFie8 ehaU direct Payment to each Person injured
ef snch OMtpenaadon, net exoeediag in any Case the
statutory Amount, as the satd Beard thiiy» fit ; and as
veganis the Sams paid in respect of Deadis shaJl direct
Payment theiteof for the Benefit of the Hoeband, >yife,
Parent^ and Child of tlie Deceased^ or any of them, in
such Shares, upon snob Evidence, and in such Manner
as the said Board thinks ^:

(4.) The Board of Trade shall vefnnd to the Owner snj
Surplus renaining under its Control after making such
Distribution as aforesAid, and the Sum so reftmded shall
form Part of the Residue herainKifter mentioned :

(5.) The Board of Trade shall not, nor shall any Person acting
ttttder it, be liable to any Action, Suit, Account, ClaioD,
or Demand whatsoever for or in respect of any Act or
Matter done, or omitted to be done, m the Distribution
of suoh Damages as aforesaid :

(6.) K the Amount paid to Her Majesty's Paymaster General
in manner aforesaid is inenfficieni to meet the Demands
upon it^ the several Claims thereon shall abaie propor-
tionally.
Any Person ^U* After the Completion of such Inquiry as aforesaid, if any

who is dissatis- Person injured estimates the Damages payable in respect of such
fied with the Injury, or if the Executor or Admmistrator of any deceased

his own Ac- Amomt accepted by such Board by way of Compensation for such
coujut. Injury or Death as aforesaid, the Person so estimating the same

shall,, upon repaying or obtaining the Repayment by the Board of
Trade to the Owner of the Amount paid by him to the Board
of Trade in respect of such Injury or Death, be at liberty to bring
an Action for t4c Recovery of Damages in the same Manner as if
no Power of instituting an Inquiry liad herein-before been given
to the Board of T&ade, subject to the following Proviso; (that is
to sa»y,) that any Damages 9reoo><rerable by such Person shall be
payable only out of the Residue, if any, of the aggregate Amount
for wkach the Owner is liable, after deducting all Sams paid to
Hier Miij«ety's Pajonaster Genecral in nwnner afepeeitd ; wd if
the Damages recovered in such Action do not exceed doulde the
staMtory Amoimt, such Person shall fny^to the Befoidant in such
Action all the Costs -thereof, sneh Costs to be taxed in England
and Inland as betf^een Attorney nmdi OUent, and in Scotland as
beCwten Agent and Client.
U^^^^^ 5ia. In Casea where Less of Life or personal Injury has

toinrtiti^* occurred by any Accident in reapect of which tlie Owner of any

such

A.D.1854. 17" & 18« VICTORIJE. C.104. 599

sucli Ship as afbresnd is or is alleged to be^fiable in Damages, Prooeediags,
no Person shall be entitled to bring any Action, or institute any Individuals
Suit or other legal Proceeding in the United Kingdom, until the n»ay bring
Completion of the Inquiry (if any) instituted by the Board of ^^^^^^
Trade, or until the Board of Trade has refused to institute the
same ; and the Board of Trade shall, for the Purpose of entitling
any Person to bring an Action or institute a Suit or other legal
Proceeding, be deemed to have refused to institute such Inquiry
whenever Notice has been served on it by any Person of his
Desire to bring such Action or institute such Suit or other legal
Proceeding, and no Inquiry is instituted by the Board of Trade
in respect of the Subject Matter of such intended Action, Suit,
or Proceeding for the Space of One Month after the Service of
audi Notice.

613. Whenever the Board of Trade, having refused in manner Proceedings by
aforesaid to institute any Inquiry afterwards determines to insti- Board of Trade
tute the same, the Damages and Costs (if any) recovered on such ^^^ Befii^L
Inquiry shall be payable rateably with and not in priority to the

Costs and Damages recovered in any other Action, Suit, or legal
Proceeding.

614. In Casefr where any Liability has been or is alleged to ProoeeaiiigB in
have been incurred by any Owner in respect of Lose of Life, case of several
personal Injury, or Loss of or Damage to Ships, Boats, or Goods, Claims being
and several Claims are made or appi-ehended in respect of such '^^^?'^ Owner
Liability, then, subject to the Bight herein-befbre given to the ^ ^^'
Board of Trade of recovering Damages in the United Kingdom

in respect of Loss of Life or personal Injury, it shall be lawful
in Ettgland or Ireland for the High Court of Chancery, and in
Scotland for the Court of Session, and in any British Possession
for any competent Court, to entertain Proceedings at the Suit of
any Owner for the Purpose of determining the Amount of such
Liability subject as aforesaid, and for the Distribution of such
Amount rateably amongst the several Claimants, with Power for
any such Court to stop all Actions and Suits pending in any other
Court in relation to the same Subject Matter ; and any Proceeding
entertained by such Court of Chancery or Court of Session, or
other competent Court, may be conducted in such Manner and
subject to such Eegulations as to making any Persons interested
Parties to the same, and as to tho Exclusion of any Claimants
who do not come in within a certain Time, and as to requiring
Security from the Owner, and as to Pa^'ment of Costs, as the
Court thinks just.

616. All Sums of Money paid for or on account of any Loss or Money paid for

Damage in respect whereof the Liability of the Owners of any Damage how to

Ship is limited by the Ninth Part of this Act, and all Costs ^ ^^^

incurred in relation thereto, may be brought into account among j^rtOwnCTs.
Fart Owners of the same Ship in the same Manner as Money
disbursed for the Use thereof.

Saving Clause. Saving Clause,

1 Part of this Act contained shall be

Qq 4 To

616. Nothing in the Ninth Part of this Act contained shall be saving Clause,
construed —

600 0-104. 17^ & 18* VICTORl!^ A.D.1854.

Saving CUmu. To lessen or take awaj any Liabilitj to whicb any Master or

Seaman, being also Owner jor Part Owner of the SMp to

which he belongs, is subject in his Capacity of Master or
Seaman ; or

To extend to any British Ship not being a recognized BriM
Ship within the Meaning of this Act

PART X.
LEGAL PROCEDURE.

Applicatian. Application.

617. The Tenth Part of this Act shall in all Cases, where no

^^^f\h' Partaciilar Country is mentioned, apply to the whole of Her

Rwrt X. of the ^jggty*s Dominions.

Legal Procedure (General).

(Genera/). 6^®' ^^ ^^ Places within Her Majesty's Dominions, except

pTT— - Scotland^ the Oflfences herein-after mentioned shall be punished
Offences, and ^^^ Penalties recovered in manner following ; (that is to say,)
Recovery of (!•) Every Offence by this Act declared to be a Misdemeanor

Penalties. shall be punishable by Fine or Lnprisonment, with or

without Hard Labour ; and the Court before which sach
Offence is tried may in England make the same Allow-
ances and order Payment of the same Costs and Expenses
as if such Misdemeanor had been enumerated in the
7 0. 4. e. 64. Act passed in the Seventh Year of His late Majesty

King George the Fourth, Chapter Sixty-four, or anf
other Act that may be passed for the like Purpose ; and
mav in any other Part of Her Majesty's Dominions
make such Allowances and order Payment of such Costs
and Expenses (if any) as are payable or allowable npon
the Trial of any Misdemeanor under any existing Act
or Ordinance, or as may be payable or idlowable under
any Act or Law for the Time being in force therein :
(2.) Every Offence declared by this Act to be a Misdemeanor
shall also be deemed to be an Offence hereby made
punishable by Imprisonment for any Period not ex-
ceeding Six Months, with or without Hard Labour, or
by a Penalty not exceeding One hundred Pounds, and
may be prosecuted accordingly in a summary Manner
instead of being prosecuted as a Misdemeanor :
(3.) Every Offence hereby made punishable by Imprisonment
for any Period not exceeding Six Months, with or
without Hard Labour, or by any Penalty not exceeding
One hundred Pounds, shall in England and Ireland be
prosecuted sununarily before any Two or more Justices^
as to England in the Manner directed by the Act of the
Eleventh and Twelfth Years of the Reign of Her Ma-
jestv Queen Victoria, Chapter Forty-three, and as to
Ireland in the Manner directed by the Act of the Four-
teenth and Fifteenth Years of the Reign of Her M^esty
Queen Victoria, Chapter Ninety-three, or in such other

Manner

A.D.1864.

17** & 18° VICTORIiR

C.104

601

Manner as may be directed by any Act or Acts that Legal
may be passed for like Purposes : And all Provisions P^-ocedtare
contained in the said Acts shall be applicable to such ^General),
Prosecutions in the same Manner as if the Offences in
respect of which the same are instituted were hereby
stated to be Offences in respect of which Two or more
Justices have Power to convict summarily or to make a
summary Order :

(4.) In all Cases of Summary Convictions in England, where
the Sum adjudged to be paid exceeds Five Pounds, or
the Period of Imprisonment adjudged exceeds One Month,
any Person who thinks himself aggrieved by such Con- '
viction may appeal to the next Court of General or
Quarter Sessions which is holden not less than Twelve
Days after the D^ of snch Conviction for the County,
City, Borough, Liberty, Riding, Division, or Place
wherein the Case has been tried ; provided that such
Person shall give to the Complainant a Notice in Writing
of such Appeal, and of the Cause and Matter thereof
within Three Days after snch Conviction, and Seven
clear Days at the least before such Sessions, and shall also
either remain in Custody until the Sessions, or enter into
a Becognizance, with Two sufficient Sureties, before a
Justice of the Peace, conditioned personally to appear at
the said Sessions, and to try such Appeal, and to abide
the Judgment of the Court thereupon, and to pay such
Costs as shall be by the Court awarded ; and upon such
Notice being given, and such Recognizance being entered
into, ^e Justice before whom the same shall be entered
into shidl liberate such Person, if in Custody; and the
Court at such Sessions shall hear and determine the
Matter of the Appeal, and shall make such Order therein^
with or without Costs to either Party, as to the Court
shall seem meet ; and in case of the Dismissal of the
Appeal, or the Affirmance of the Conviction, shall order
and adjudge tiie Offender to be punished according to
the Conviction, and to pay such Costs as may be awarded,
and shall, if necessary, issue Process for enforcing such
Judgment:

(5.) All Offences under this Act shall in any British Possession
be punishable in any Court or by any Justice of the
Peace or Magistrate in which or by whom Offences of
a like Character are ordinarily punishable, or in such
other Manner, or by such other Courts, Justices, or
Magistrates, as may from Time to Time be determined
by any Act or Ordinance duly made in such Possession
in such Manner as Acts and Ordinances in such Posses*
sion aie required to be made in order to have the Force
of Law.

619. Any Stipendiary Magistrate shall have full Power to do Power of
alone whatever Two Justices of the Peace are by this Act autho- Stipendiary
rized to do. Magirtrrte-

520. For

602

C.104,

17' & 18« VICTORIA.

AJ).1«54.

Offenee wKere]
deemed to have
bee&ooHHBitled.

Jurisdiction
over Ships lying
off the Coasts.

Service to be
good if made
personally, or
on board Ship.

Sums ordered
to be paid levi-
able by Distress
on Ship.

Application of
Penalties.

LimitMktt^of
Time in Sum-
~'^^ Frooeed-

620. For the Parpos© of giving Jurisdiction under this Act>
er-ery Offence shall be deemed to have, been committed, and every
Cause of Complaint to have arisen, eilirer in the Place in which
the same actually "was committed or arose, or in any Pkce in
which the Offender or Person complained against may be.

621. In all Cases where any District within which any Court
or Justice of the Peace or other Magistrate has Jurisdiction either
under this Act or under any other Act or at Common Law, for
any Purpose whatever, is situate on the Coast of any Sea, or abut-
ting on or projecting into any Bay, Channel, Lake, Biver, or other
navigable Water, every such Court, Justice of the Peace, or Magis-
trate shall have Jurisdiction over any Ship or Boat being on or
lying or passing off such Coast, or being in or near such Bay,
Channel, Lake, River, or navigable Water as aforesaid, and over
all Persons on board such Ship or Boat or for the Time being
belonging thereto, in the same Manner as if such Ship, Boat, or
Persons were within the Limits of the original Jurisdiction of such
Court, Justice, or Magistrate.

622. Service of any Summons or otlier Matter in any legal
Proceeding under this Act shall be good Service, if made per-
sonally on the Person to be served, or at his last Place of Abode,
or if made by leaving such Summons for him on board ai^y Ship
to which he may belong with the Person being or appearing to he
in command or charge of such Ship.

623. In all Cases where any Court, Justice or Justices of the
Peace, or other Magifitrate, has or have Power to make an Order
directing Payment to be made of any Seaman's Wages, Penalties,
or odier Sums of Money, then, if the Party so directed to pay
the same is the Master or Owner of a Ship, and the same is not
paid «i tlie 'Hme and in Manner prescribed in tlie Order, the
Courts Justice or Justices, or other Magistrate wiio made the
Order, may, in addition to any other Powers they or he may have
for the Purpose of compelling Payment, direct the Amount re-
maining unpaid to be levied by Distress or P<»inding and Sale of
the said Ship, her Tackle, Furniture, and AppareL

634. Any Court, <7ustice^ or Magis^TAte imposing any Penalty
under this Act, for which no specific Application is herein pro-
vided, may, if it or he thinks fit, direct the whole or any Part
thereof to be applied in compensating any Person for any Wrong
or Damage which ho may have sustained by the Act or Default
in respect of which such Penalty is imposed, or to bo applied in
or towards Payment of the Expenses of the Proceedings ; and,
subject to such Directions or specitc Application as aforesaid, all
Penalties recovered in the United Kingdom shall be paid into the
Eeeeipt of Her Majesty's Exchequer in such Mfinner as the Trea-
sury may direct, and shall be carried to and form Part of the
Gonolidated Fund of the United Kingdom ; and dl Penalties
recovered in any British Possession shfdl be paid over into the
Public Treasury of such Possession^ and form Part .of the PUfaii<^
Revenue thereof.

626. The Time for instituting Summary Proceedings under tto
Act shall be limited as follows : (that is to say.)

(l.)No

A.D.M54. 17 *» & 18 *» VICTOKIJE. C. 104. 603

(1.) No ConiriciiMi for any Offence sluill be'^made under this Ltge^
Act in any Sommary Proeeeding hiBtitnted in the United J^werfurs
Kingdom, unlesf such Proceeding ib commenced within (OMerol}.
Six MontfaB a^r the ComrnieBion of the Offence ; or if '
hoth or either of thePftrties to such Proceeding happen
durii^ sacii Time to be oat of the United Kingdom,
unless the same is commenced Mrithin Tiro Monl^ after
they both first happen to arrive or to be at One Time
witiiin the Sonne :•

(2.) No Conytction for any Oflfenoe shall be msde under this
Act in any Pr<N)eeding instituted in any Britith Posses-
sion, unless such Proceeding is commenced within Six
Mctnths after the Commission of the Offence ; or if both
or eidier of the Parties to the Proceeding happen during
such Time not to be within the Jurisdiction of any
Court capable of dealing with the Case, unless the same
is commenced within Two Months after they both first
happen to arrive or to be at One Time within such
Jurisdiction :

(3.) No Order for the Payment of Money shall be made under
this Act in any Summary Proceeding instituted in the
United Kingdom unless such Proceeding is commenoed
within Six Months after the Cause of Complaint arises ;
or, if both or cither of the Pai'ties happen during such
Time to be out of the United Kingdom, unless the same
is commenced within Six Montlis after they both first
happen to arrive or to be at One Time within the same :

(4.) No Onler for the Payment of Money shall be made under
this Act in any Summary Proceeding instituted in any
British Possession, unless such Proceeding is commenced
within Six Months after the Cause of Complaint arises;
or, if both or either of tlie Parties to the Proceeding
happen during such Time not to be within the Juris-
diction of any Court capable of dealing with the Case,
unless the same is commenced within Six Months after
they both first happen to arrive or be at One Time within
such Jurisdiction :

And no Provision contained in any other Act or Acts, Ordinance
or Ordinances, for limiting the Tine within which Summary Pro-
oeedings may be instituted shall affect any Sunmiary Proceeding
under this Act.

5S8. Any Document required by this Act to be executed in Docoment
tiie Presence of or to be attested by any Witness or Witnesses, proved withoat
may be proved by the Evidence of any Person who is able to bear o^Hng attesting
witness to the requisite Facts/without calling the attesting Witness '^^^
or Witnesses or any of them.

527. Whenever any Injury has, in any Part of the World, been Power of Judge
caused to any Property belonging to Her Majesty or to any of of Court of
Her Majesty's Subjects by any Foreign Ship, if at any Time ^*^?i?^
thereafter such Ship is found in any Port or River of the United f^^^f^^
Kingdom or within Three Miles of the Coast thereof, it shall be ghipthat hu
Iswftd far the Judge of any Court of Record in the United IGng- occarioned

doniy Damage.

604 a 104. 17 ^ & 18 *» VICTORIJE. A.D.1854-

Legai dom, or for the Judge of the High Court of Admiralty, or m Scot-
Prcctdure land the Court of Session, or the Sheriff of the County within
(fitnerafy whose Jurisdiction such Ship may he, upon its heing diown to
him hy any Person applying summarily that such Injury was
probably caused by the Misconduct or Want of Skill of the Master
or Mariners of such Ship, to issue an Order directed to any Officer
-of Customs or other Officer named by such Judge, requiring him
to detain such Ship until such Time as the Owner, Master, or Con-
signee thereof has made Satisfaction in respect of such Injurj, or
has given Security, to be approved by the Judge, to abide the
Event of any Action, Suit» or other legal Proceeding that raaj
be instituted in respect of such Injury, and to pay all Costs and
Damages that may be awarded thereon ; and any Officer of Cos-
toms or other Officer to whom such Order is directed shall detain
such Ship accordingly.

Power in eer- 528. In any Case where it appears that before any Appli-

tahi CweBto cation can be made under the foregoing Section such Foreign

Jf?J^ A r ^^^P ^^ ^*^® departed beyond the Limits therein mentioned, it

tion^SiiSS to 8li»ll be lawful for any Commissioned Officer on Full Pay in the.

Judge. Military or Naval Service of Her Mtyesty, or any Briiiik Officer

of Customs, or any British Consular Officer, to detain such Ship

until such Time as will allow such Application to be made and

the Result thereof to be communicated to him ; and no such Officer

shall be liable for any Costs or Damages in respect of anch

Detention unless the same is proved to have been made without

reasonable Grounds.

Who to be De- 629. In any Action, Suit, or other Proceeding in relation to
todaat to Suit such Injury, the Person so giving Security as aforesaid shall be
m Boeh Cases, made Defendant or Defender, and shall be stated to be the Owntf
of the Ship that has occasioned such Damage ; and the Prodae-
tion of the Order of the Judge made in relation to such SecuritJ
shall be conclusive Evidence of the Liability of such Defendant or
Defender to such Action, Suit, or other Proceeding.

Legal Legal Procedure (Scotland),

(Scodand), ^^^* ^ Scotland every Offence which by this Act is described

* as a Felony or Misdemeanor may be prosecuted by Indictment

Offences or Criminal Letters at the Instance of Her Majesty's Advocate

poj^ble as before the High Court of Justiciary, or by Criminal libel at the
HudenManors. instance of the Procurator Fiscal of the County before the Sheriff,
and shall be punishable with Fine and with Imprisonment^ wi&
or without Hard Labour, in default of Payment, or with Imprison-
ment, with or without Hard Labour, or with both, as the Court
may think fit, or in the Case of Felony with Pend Servitude,
where the Court is competent thereto ; and such Court may ale^
if it think fit, order Payment by the Offender of the Costs and
Expenses of the Prosecution.
Smmary Pro* 63L In Scotland^ all Prosecutions, Complaints, Actions, or
'■- Proceedings under this Act, other than Prosecutions for Felonies

or Misdemeanors, may be brought in a summary Form before the
Sheriff of the County, or before any Two Justices of the Peace of

tuS

A D.1854. 17« & 18» VICTORIiE. C. 104 605

the County or Burgh where the Cause of such Prosecution or Ltgai
Action arisesi or where the Offender or Defender may he for the Proetdwrt
Time, and when of a criminal Nature, or for Penalties, at the {ScoUoMd),
Instance of the Procurator Fiscal of Court, or at the Instance of
any Party aggrieved, with Concurrence of the Procurator Fiscal
of Court ; and the Court may, if it think fit, order Payment hy
the Offender or Defender of the Costs of the Prosecution or Action.

582. In Scotland^ all Prosecutions, Complaints, Actions, or Form of Com*
other Proceedings under this Act may he brought either in a pl^t
written or printed Form, or partly written and partly printed,
and where such Proceedings are brought in a summary Form it
shall not be necessary in the Complaint to recite or set forth the
Clause or Clauses of the Act on which such Proceeding is founded,
but it shall be sufficient to specify or refer to such Clause or
Clauses, and to set forth shortly the Cause of Complaint or
Action, and the Remedy sought ; and when such Complaint or
Action is brought in whole or in part for the Enforcement of
a pecuniary Debt or Demand, the Complaint may contain a
Prayer for Warrant to arrest upon the Dependence.

588. In Seoiiandj on any Complaint or other Proceeding Modeofrequir-
brought in a summary Form under this Act being presented to ^^^P^*"*^
the Sheriff Clerk or Clerk of the Peace, he shall grant Warrant ^awita^ies.
to cite the Defender to appear personally before the said Sheriff
or Justices of the Peace on a Day fixed, and at the same Time
shall appoint a Copy of the same to be delivered to him by a
Sheriff Officer or Constable, as the Case may be, along with the
Citation ; and such Deliyerance shall also contain a Warrant for
citing TVitnesses and Havers to compear at the same Time and
Place to give Fvidence and produce such Writs as may be specified
in their Citation ; and where such Warrant has been prayed for
in the Complaint or other Proceeding, the Deliverance of the
Sheriff Clerk or Clerk of the Peace shall also contain Warrant
to arrest upon the Dependence in common Form: Provided
always, that where the Apprehension of any Party, with or with
out a Warrant, is authorized by this Act, such Party may be de-
tained in Custody until he can be brought at the earliest Oppor-
tunity before any Two Justices, or the Sheriff who may have
Jurisdiction in the Place, to be dealt with as this Act directs,
and no Citation or Induciae shall in such Case be necessary.

684. When it becomes necessary to execute such An*estment Backing
on the Dependence against Goods or Effects of the Defender Arrestments,
within Scotland, but not locally situated within the Jurisdiction
of the Sheriff or Justices of the Peace by whom the Warrant to
arrest has been granted, it shall be competent to carry the Warrant
into execution on its being indorsed by the Sheriff Clerk or Clerk
of the Peace of the County or Burgh respectively within which
such Warrant comes to be executed.

686. In all Proceedings under this Act in Scotland the Sheriff Compelling
or Justices of the Peace shall have the same Power of compelling Attendance of
Attendance of Witnesses and Havers as in Cases falling under ^ ^^^^
their ordinary Jurisdiction.

686. The

606

C.104.

17* & 18» VICTORIiB.

AJ).185i«

Power to
a4jonni.

Sentence to be
in Writing.
Imprisonment
to be inflicted
in defkult of
Playment.

Froceeiings to &M. The whole Procedure in Cases broogiit m a sammarj
be TiTa voce. Form before the Sheriff or Juslrns of the Peace in ^SsBrffanrf shall
be oonduoted viva voce, without written PleadingB^ and without
taking down the Evidenee in Writing, and no Beeord shall be k^
of the Proeeedtngs> other than the Complaint^ and the Sentenoe
or Decree pronounced thereon.

587. It shall be in the Power of the Sheriff or Justices of the
Peaee in Scadand to adjoom the l^oeedioga from Time to Inse
to any Day or Days to be fixed by tiiem, iathe eventof Absenie
of Witnesses or of any other Canae which shall appear to tiMm to
render such Acyoumment necessary*

638. In Scotland all Sentences and Decrees to be prononnced
by the Sheriff or Justices of the Peace upon such summary Com-
plaints shall be in Writing ; and where there is a Decree for
Payment of any Sum or Sums of Money ngainst a Defender, sach
Decree shall contain Warrant for Arrestment, Poinding, and Im-
prisonment in default of Payment^ such Arrestment, Poinding, or
Imprisonment to be carried into effect by Sheriffs Officers or Con-
stables, as the Case may be, in the same Manner as in Csses
arising under the ordinary Jurisdiction in the Sheriff or Justices:
IVovided always, that nothing herein oootaiBed shall be taken or
construed to repeal or affect an Act of the Fifth and Sixth TesfS
5&6W.4.C70. of William the Fourth, intituled An Aei for aboUMng, t» Scot-
land, ImprisonmetU /or Ciml'Dehis of $maU AnwutU,

638. In all summary Complaints and Proceedings for Bs-
covery of any Penalty or Sum of Money in Scotland, if a Defender
who has been duly cited shall not appear at the Time and Place
required by the Citation, he shall be held as confessed, and
Sentence or Decree shall be pronounced against him in Terms of
the Complaint, with such Costs and Expenses as to the Court shall
seem fit : Provided always, that he shall be entitled to obtain
himself reponed against any such Decree at any Time before the
same be fiilly implemented, by lodging with the Clerk of Court a
Reponing Note, and consigning in his Hands the Sum deeemod
for, and the Costs which had been awarded by the Court, and od
the same Day delivering or transmitting through the Post to the
Pursuer or his Agent a Copy of such Reponing Note ; and a Ce^
tificate by the Clerk of Court of such Kote. having been lodged
shall operate as a Sist of Diligence till the Cause shall have been
reheard and finally disposed o^ which shall be on the next Sitting
of the Court, or on any Day to which the Court shall then ad-
journ it.

640. In all summary Complaints or other Proceedings npt
brought for the Recovery of any Penalty or Sum of Money in
Scoilandi if a Defender, being duly cited, shall fail to appear, die
Sheriff or Justices may grant Warrant to apprehend and bring
him before the Court.

64L In an Cases where Sentences or Decrees of the Sheriff or
Justices require to be enforced within ScotUmd^ bnt beyond the
Jurisdiction of the Sheriff or Justices br whom such »sntenee0
or Decrees have been pronounced, it shm be compatent to cany

the

Sentence and
Penalties in
de&nlt of
Defender's
Appearance.

Warrant to

defiinlt of ~
Appearance.

Sentences or
Decrees.

A.D.1864. 17^ & 18* VICTORIiE. G 104. 607

the same into execution upon the same being indorsed by the
Sheriff Clerk or Clerk of the Peace of the County or Burgh within
which such Execution is to take place.

542. No Order, Decree, or Sentence pronounced by any Sheriff Orders not to
or Jnsftiee of the Peace in Seodand under the Authority of this wTJf iV>m-
Act shall be quashed or vacated for any Misnomer, Informality, aadtn!iM> fi^/
or Defect of Form ; and all Orders, Decrees, and Sentences so
pranomiced shall be fimd and eonclusive, and not subject to Sus-
posaiiui, Adrrecation, Reduction, or to any Form of Review or
Slay of Execution, except on the Ground of Corruption or Malice
on the Part of the Sheriff or Justices, in which Case the Sus-
paBsion, Advocation, or Reduction must be brought within Four-
teen Days of the Date of the Order, Decree, <^ Sentence com-
plained of : Provided always, that no Stay of Execution shall be
competent to the Efi^ct of preventing immediate Execution of
such Order, Decree, or Sentence.

643. Such of the general Provisions with respect to Jurisdiction, General Rules,
Procedure, and Penalties contained in this Act as are not incon- so &r as appli-
sistent with the special Rules herein-before laid down for the ^^®» to extend
Conduct of legal Proceedings and the Recovery of Penalties in Pr^^^in«*ii
Scotland^ shall, so far as the same arc applicable, extend to such Scotland.
laet-mentioned Proceedings and Penalties : Provided always, that
nothing in this Act contained shall be held in any way to annul
or restrict the Common Law of Scotland with regard to the Pro-
secution or Punishment of Offences at the Instance or by the
Direction of the Lord Advocate, or the Rights of Owners or
Creditors in regard to enforcing a Judicial* Sale of any Ship and
Tackle, or to give to the High Court of Admiralty of England &ny
Jurisdiction in respect of Salvage in Scotland which it has not
heretofore had or exercised.

PART XL

608 0.104. 17** & 18*» VICTOEI^ A.D.1854.

PART XL

MUcdlaneous. MISCELLANEOUS.

Contracts maj 644. It shall be lawful for any Master or Owner of a Ship, or
be made with his Agent, to enter into Contracts with Lascars or Nati?e6 (^ the
^^^^j£!f* Territories of the fast India Company, binding them to proceed
CoikUtiDna, ^ ^^7 ^^^ ^' Ports in the AusiraUan Colonies either as Seamen
bmdmg thvm to or as Passengers, and there to engage themselves as Seamen in anj
go to Australia, Ship which may happen to be there and to be bound to the United
and thence to Kingdom or to any other Part of Her Majesty's Dominions ; pro-
^® toS?*' vided that every such Contract shall be in such Form, and shall
United Eing' contain such Provisions, and shall be executed in such Maimer,
dom. and under such Conditions for securing the Betum of such Laacan

or Natives to their own Country, and for other Purposes, as the
Governor General of India in Council, or the Grovernors of the
respective Presidencies in which the Contract is made, in Council,
may direct ; and if any Lascar or other Person who has bound
himself by any such Contract is, on arriving in any of the said
Colonies^ required to enter into an Agreement to serve as a Sea-
man in any Ship bound for the United Kingdom or to any other
Part of Her Majesty's Dominions, and if it is certified by some
Officer appointed for that Purpose by the Governor of the said
Colony that such Agreement is a proper Agreement in all respects
for such Lascar or other Person to enter into, and is in accordance
with the original Contract, and that the Ship to which such Agree-
ment relates is a proper Ship for such Lascar or « other Person to
serve in, and is properly supplied with Provisions, and that there
is not in the Opinion of such Officer any Objection to the full
Performance of the said Contract, such Lascar or other Person
shall be bound to enter into the said Agreement, and to serve as a
Seaman in the Ship to which it relates, and shall thereupon be
deemed to be for all Purposes One of the Crew of the Ship ; and
if he refuses to enter into such Agreement he shall, notwith-
standing such Refusal, be liable to the same Consequences, and be
dealt with in all respects in the same Manner, as if he had volun-
tarily entered into the same ; and for every Lascar or other Person
in respect of whom such Certificate is applied for the Person
applying for the same shall pay to such Officer as aforesaid such
Fee as the Governor of the Colony may appoint.

Act not to affect 646. Nothing in this Act contained shall be taken to repeal
Fatsengen or alter any of the Provisions of the "Passengers Act, 1852," or
-^cts- of the Act of the Seventeenth Year of Her present Majestj,

Chapter Eighty-four.

Corporations, 646. The Municipal Corporation of any Borough, being a Sea-

Ac. may grant port in the United Kingdom, and any Body Corporate, Association,
ate for SaUors ^^ Trustees in any such Seaport, existing or constituted for anj
**°^ public Purposes relating to the Government or Benefit of Persons

engaged in the British Merchant Service, or to the Management
of Docks and Harbours, or for any other public Purposes con-
nected with Shipping or Navigation, may, with the Consent oi
Her Majesty's Secretary of State for the Home Department,

appropriate

this Act.

A.D.1854. 17*&18o VICTORIA. C. 104. 609

appropriate any Lands vested in them or in Trustees for them
as a Site or Sites for a Sailors Home or Sailors Homes, and may
for that Purpose either retain and applj the same accordingly,
or convey the same to Trustees, with such Powers for appointing
new Trastees and continuing the Trust as they think fit.

647. The Legislative Authority of any British Possession shall Power of
have Power, by any Act or Ordinance, confirmed by Her Majesty CJolonial Legis-
in Council, to repeal, wholly or in part, any Provisions of this Act jj^^'J^ ^^^^"^
relating to Ships registered in such Possession ; but no such Act *''" '**
or Ordinance shall take effect until such Approval has been pro-
claimed in such Possession, or until such Time thereafter as may
be fixed by such Act or Ordinance for the Purpose.

548. All Expenses incurred by the Commissioners of Customs Expenses in-
in the Conduct of Suits or Prosecutions, or otherwise in carrying curred by Com-
into effect the Provisions of this Act, shall be considered as Ex- ^JJ^"*" ^^
penses having reference to the Revenue of Customs, and shall be ^ tJ^Mdd. ^^
paid out of the Consolidated Customs ; but the Board of Trade
may, with the Consent of the Treasury, repay out of the Mer-
cantile Marine Fund all or any Part of such of the Expenses so
paid as are by the Provisions of this Act chargeable on the said
Fund.

17 & 18 Vict. R r

610

C.104.

17» & 18» VICTORIiE.

A.D.I854.

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17**.&18^ VICTORIiE.

A.D.1854.

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17» & 18" VICTORIiE.

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17** & IS** VICTOEIiE.

A.D.1864.

FORM H. (See Section 58.)
Declaration by Owner taking bt Transmission.

n Omit this
Part if the haM
noSUam
Vower.

JVb..

Date qf BegiMtrjf.

Name of Ship.

British or
Poreiiffi Built.

Port of Registiy.

How propelled.

By Steam or SaiU,

and if by Steam, whether by

Paddle or Screw,

Number of Decks
Number of Masts
Rigging -

Stem

Nature qf, and wTiether
standing or running
Bowsprit,

Bound, square, or other
Description,

BuUd -
Gallery -

Head -
Framework

Carver or
Description^ <^.

Kindqf.

Wooder^OittT
MaUriaL

Measurements,

Length ttom the Forepart of Stem under the Bowsprit to the
AftsidooftheHeadofthoStempost . . . -

Main Breadth to Outside of Flank - -. - •

Depth in HoM from Tonnage Deck to Ceiling at Midships

Tonnage.

Toimago under Tonnage Deck

C loaed-in Spaces above the Tonnage Deck, if any ; vis.
Space or Spaces between Decks
Poop -----
Roundhouse - . . •

Otlier inclosed Spaces, if any, naming them

Total

ilter aeeord'
if more

(a) Additional Particulars for Steamers.

Deduction for Space rnquired for Propelling Power (say whether
y>/sths or ^J*oth», or as measured) - - - -

Length of Engine Room (if measured)
Engines . - •

Combmed Power (estimated Horse-power)

Feet.

Tenths.

No. of Tods.

Tons.

Feet.

Tcnthi.

Number of Si^iiMS.

No. of Horsoa-powR'.

Register Tonnage, (after making Deduction for>
Space for Propelling Power in Steamers) (*) S

I, if) the undersigned A.B., of

ne Person ^{) i ui a natuial-bom Subject of Her Mi^osty, bom at [immiIii^ Piaee^Birih}^

in the County of

declare as ftrilovs:

heDeclth

AiD.1854.

17*^ &18* VICTORIA

C. 104.

625

and have never taken the Oath of AUfvianoe')
to any ForeiKQ State. j

or <

lam

a Benlien l^^ Letters')
of Denbmtiou cUtod they

Dvof r

natuialized by Act of PkrO
liament of the United I
Kingdom [cite the Year [ or
in which the Act was]
passed, its Chapter and

and have since I took the Oath of Alle-
giance to a Foreign State tnaming State!
and on the Di^ of

Ukcn the Oath of Allegiance to Her
M^festy. and am resident* at *lf the Declar-

L?*»'^»V Ptectf] being a Place within ant is a natural-
Her M^esty's Dominions. homSubjeet,who

hah taken the
Oath qf Allegp-
naturalised by an Ordi- once to a Foreign

nance of the proper legis. ^«^*» «»* apeni-
i-*s— »..*«.^Jl_*fi ^"^ zen or a natural-

hitive Authority of f *»,<^ a natural,

[naming BHtish ^J^ed Subject, and

Possession-] iHte the Year *» restdent tn

in which thif Ordinance » ,g^**"iP S^^

was passed, its Chapter «^«**» -"«! -««
[.and mU.2

jesty's

and am resident at [namina Place], beinj a Place within Her Mi^esty'sBomhiions.

^ And I have
D^Lsn, '^ ''**'°*® •} or [ since the passing of the said Act or Ordinance.

aadonthe

Day of

, taken the Oath of Allegiance to Her Miycsty.

(2.) I declare that the'
Person appearing by the
Re^^ter Book to be the
Owner of ShuMii

in the Ship above de-
scribedt f died at

in the Countg of
having first
dulymadehis JVittdated
th^ JJa^qf

wherebg he appointed
me Rreeutor, and I
proved his said Will on
the Day qf

in the Court qf ]

or \_died at in

the Comntw of on

the Bajf of

intestate, and that Let-
ters of Administration
of his Estate and J^ects
wereonthe Jbay

of duly granted

to me Ify the Court cf

' We declare that CO.."
the Person appearing on
the Register Book to be the
Owner of Shares in

the Ship above described,
was on the Dajr of

t [duly adjudged a
Bankmpf\, or [declared
y or i insolrent], and tiiat we
were on the Day

of appointed Aasig*

neos of the aaid CD,, and
we are by Law entitled to
be registered as Owners of
the said Sliares of the
said Ship in place of the
Lsaid CD.

I declare tliat on the
Day of I in-

termarried with and am
now the Husband of CZ>.,
the Person appearing on
the Bt'gistcr Book to be
the Owner of Shares

J in the said Ship, and I de-
*^ Clare that on such Mar-
riage the Interest of the
said C. I;, became by Law
vested in me, and that I
am entitled to be rcgis-
terea as Owner of the anid
Shares in place of the said
\.CJ),

Domi'
nions, he must
declare in addi-
tion, that '* he is
** a 3Iember of
" same British
** Factory, Part-
** ner in some
** House actually
** carrying on
" Business in the
** United King-
'* dom or in some
" British Posses-
** sum** [naming
the. House and
also the Place
where it carries
on its Business],
f Alter according
toCircnmstances,

i^^o^^^^^^rny Knowledge and Belief, no Person or Body of Persons other than
such Persons or Bodies of Persons as are by The Merchant Shipping Act, 185*. oualiUed to be
Owners of British Ships, is entitled as Owner to any Interest wnatever, either legal or bene-
ficial, in the said Ship. ' .

And I make this solemn Decbuation conscientiously believing the same to be true.

Dated at
the

(Signed)

Day of

Kade and subscribed by the above-
in the Pretence of me

18
AJB,

(Signed)

-<Name of Megietrar or Justice qf the Pence
\ acting in and for

St

626

C.104.

17»&18» VICTORIiE.

A.D.1854.

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17 • & 18- VICTORI-Sl

A.D.1864.

AD. 1854.

17" & 18» VICTORIA.

C.104.

629

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17*^ & 18«' VICTORIJE^

jLD.18^4.

FORM M. (See Section 79.)
Cebtificate of Mobtgage.

(') OmitikU
Part ifthehaiJ
no8ieam \

Fower,

No,,

J>aUqfMtg%9§rwi

.Kame of Ship.

British or
ForBlgn Built.

F6rt of Begisby .

fiow propelled.

Hy ^SWmm or.SaiU, and *

■'bg Steam, wketksr

Fdddiea dr Screw.

%^di

Munber of Decln
Number of Macti

Blgglng
item

Natupetfft emd whether
etandingoT
BowepHt.

Round, square, or
other DeecriptUm,

Build
GaUeiy -

Heftd
ftamework

4 Cktrvd or Clincher.

V

J}eteripHom qf.

XtndqT'

Wood or other Mmto-

rial.

Meaeuremente*

Length firom the Toreput of Stem under the Bowsprit to the
Aitaide of the Head of the Stempost • - . -

ifain Breadth to Outside of Plank - - - -

pepth in Hold from Tonnage Deck to Ceiling at Midshipa

Tonnage,
Tonnago under Tonnage Deck . - . «

Cloaed-in Spaces abore the Tonnage Deek, if any. ; tIs.

Space or Spaces between Becks ...

PKwp

Boundhouse - * ...

Other indosed Spaces* if auy, naming them

Total

(*) Additional Particulars f9r Steetmert. .

Deduction for Space required for Propelling Power, (say whether
^ths or ^ths, or as measured)

liongth of Engine Boom (if measured)

Bngines

Peei. ,

TcBihi.

Ko of' Tons.

-S r-

Tooa.

Feet Tenths.

Number of

(Tombined Power (estimated (Horses-power)

No. of Hor8eB.power.

Tonnage, (alter making Deduction for)
tor Propelling Power In Steamers) (*) S

A.D.l8d4.

17' & 18* VICTORLffi.

0.104.

631

AOCOUNT OF TITLB OF SUBSCRIBING OWNERS.

Names of the serenl
Snbeoiilniig Ownen.

Number of Slzfy-ftnirtli Sham

held Iqr each of (he subscribing

Owners.

Account of Mc
Cerdflcatei of
or Sale graoted in respect
of Shares of sabocribing
Owners.

(.Yd^M and IMteriptum
qf Owner.)

(1.) "We^ the several abore-mentioned Persona,* whose 'Names are hereunto sitbscribed, Mier aMSordimth
heing Owners of thb abore Ship in the Pioportionfl set opposite our respective Names in the onh Om Jp-
a^ove Aoooont of Tittob {bnt m^eei to the istietxU Moriffage$ abacs mentUmadf) hereby ^^^|^ ^^^
appoint .iJI. of aodaZ>.of ^rtomn.

aad eaeh of them« olur Attbmies ted Attomqr Jointly or severally in our Names tpd on our
Behalf to mortgage our Shares in the ^bove Ship, and to execute and db aU simh Deeds,
Matters, and Things as may be neoessaiy for canying into effect the Power hereby, given.

<S.) We declare that the Amount of Mohey to be raiaed by Mortgage under this Power
shall not exceed £ and thit the Bate of Interest at ivhioh the sam^ is raised

shall not exceed £ « . . for evdry £100 hy the Tear.

<S.) We declare that the Power of mortgaging hereby given may b4 exercised at
(i.) We deohve that the above Power shall not be exercised after the Expiration of
Months from the Date hereof.
In witness whereof, we have hereunto subscribed our Names and afllxed our ^eals, ihH
Dayof

(LA) JU^,ot

(LJ.) ' • GM,ot

I.JfJV''.,B«istrarof
fatten FiMrticulars relating to the Ship .

hereby oectK^ that the above-

and to the Title of the several above*mentioned,Owners, are correct ; and
I ftirther certiiy, that the said Owners have executed this Certificate in
manner above appearing.

Siglied 1

..Eef^trar.

, y^.'— Mortgagee created under ihie Power mnet b§ endorted 0n the CertijUate in the
J^Oowinff Form, or ae near thereto at drcnmetaneee permit :^

The Vaft^r •IftheMort'

ThewitMmmentton9dSkamin^9Ship^^__^ ^^^oere ihie Dag gone ie to ooeer

mortgaged to X,T.qr ,toeeeure^£ MfomcMjne^

andlniereet, exeeedingA /•

Signed \ Segietrar or Coneular Qffker. BaieS^!QfAj>

^ eownt/*a$ Oaee

mag he.

S84

632

C. 104.

17» & 18» VICTORI-ffi.

A.D. 1854.

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A.D.1864.

17» & 18" VICTORIiE.

C.104.

633

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634

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CO

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17" & 18 • VICTORIJE.

.X3.-104.

635

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636

C. 104. H'' & 18- VICTORUE. A.D.1854.

TABLE P. (See Section 125.)

Fees to be charged

for Matters transacted at Shipping Offices.

1. Engagement of Crews.

3. Discharge of Crews,

£ s. d.

Jt s. d.

In Ships under
60 Tons

} 0 4 0

In Ships under \ n a n
60 Tons/ 0 ^ ^

60 to 100 „

-070

60 to 100 „ - 0 7 0

100 to 200 „

. 0 15 0

100 to ^00 „ - 0 15 0

200 to 300 „

-10 0

200 to 300 „ - 1 0 0

300 to 400 »,

-15 0

300 to 400 „ - 1 5 0

400 to 500 „

. 1 10 0

400 to 500 „ - 1 10 0

500 to 600 „

. 1 15 0

500 to 600 „ • 1 15 0

600 to 700 „

-200

600 to 700 „ - 2 0 0

700 to 800 „

-250

700 to 800 „ - 2 5 0

800 to 900 „

- 2 10 0

800 to 900 „ - 2 10 0

900 to 1,000 „

- 2 15 0

900to 1,000 „ - 2 15 0

Above 1,000 „

-300

Above 1,000 „ - 3 0 0

And so on for Ships of larger

And so on for Ships of larger

Tonnage, adding

for every

Tonnage, adding for every

100 Tons above

1,000, Five

100 Tons above 1,000, Five

ShiUings.

Shillings.

2. Engagement of Seamen
separately.

Two Shillings for each.

4. Discharge of Seamen
separately.

Tw6 Shillings for each.

TABLE Q. (See Section 126.)

Sums to be deducted from Wages by way of partial Repayment
of Fees in Table P.

1, In respect of Engagements
and Discharges of Crews,
upon each Engagement and
each Discharge.

From Wages of any
Mnte. Purser, En-
gineer, Surgeon, Car-
penter, or Steward

all
others, except Appren-
tices -

s. d.

1 6

- 1 0

2. In respect of Engagements
and DiRcharges of Seamen
separately, upon each En-
gagement and each Dis-
cbarge.

One Shilling.

TABLE B. (See Section 133.)

Fees to be charged on Examinations.

£
For a Certificate as Master - - « 2
For a Certificate as Mate - - • 1

d.
0
0

AD.1854.

17* & 18» VICTORIiE.

C.104.

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18 8 0

25 23

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16 11 3

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Gravesend.Standgate')

Creek, or Black- >

stakes - - )

Lonjc R^^ach or Chatham

Woolwich or Blackwall

Moorings or London")

Docks - - i

Lona; Reach

Woolwich or Blackwall

Moorings or London \
Docks - - >

Sheemess, Standgate")
Creek, or Black- >•
stakes - - 0

Chatham - - -

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Moorings or London^
Docks - - -j

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stakes • - •)

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1

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17« & 18° VICTORIiE.

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TABLE Y. (See SectioD 455.)
Fees and Rescukeeation op Receitebs.

£ $. d.

For everj Examination on Oath institated bj a Re-
ceiver with respect to anj Ship or Boat which
maj be or maj hayc been in Distress, a Fee not
exceeding - - - ---100

But so that in no Case shall a larger Fee than
Two Pounds be charged for Examinations
taken in respect of the same Ship and the
same Occurrence, whatever maj be the
Number of the Deponents.
For everj Report required to be sent by the Re-
ceiver to the Secretary of the Committee for
managing the Affairs of Lloyd's in London, the
Sura of - - . - - . - 0 10 0

For Wreck taken by the Receiver into his Custody,
a Fer-centage of Five Per Cent, upon the Value
thereof.

But so that in no Case shall the whole Amount
of Per-centage so payable exceed Twenty
Pounds.
Li Cases where any Services are rendered by a Re-
ceiver, in respect of any Ship or Boat in Distress,
not being Wreck, or in respect of the Cargo or
other Articles belonging tlicreto, the following
Fees instead of a Per-centage ; that is to say,
If such Ship or Boat with her Cargo equals
or exceeds in Value Six hundred Pounds, the
Sum of Two Pounds for the first, and the Sum
of One Pound for every subsequent Day during
which the Receiver is employed on such Service,
but if such Ship or Boat with her Cargo is less
in Value than Six hundred Pounds, One Moiety
of the above-mentioned Sum.

TABLE W. (See Section 486.)

Salvage Bonix

[iV.A — Any of the Particulars not known^ or not required, bjf
reason of the Claim being only against the Cargo, S^^ may he
omitted,]

Whereas certain Salvage Services are alleged to have been
rendered by the Ship \insert Names of Ship and of Commander^
Commander, to the Merchant Ship [insert Names of Ship and
Master"], Master, belonging to [Name and Place of Business or
Residence of Owner of Ship], freighted by [the same cf rf*
Freighter], and to the Cargo therein, consisting of [slalte vert/
shortly the Descriptions and Quantities of the Goods, and (hi
Names and Addresses of their Owners and Consignees] :

And whereas the said Ship and Cargo have been brought into
the Port of [insert Name and Situation ofPbrt], and a Statemeat

of

A.D.1854. 17" & 18*^ VICTORIiE. C. 104, 105. 641

of the Salvage Claim has been sent to [^if.seri the Name of the Con'
sular Officer or Vice-Admiralty Judge^ and of the Office he Jills'],
jtnd he has fixed the Amount to be inserted in this Bond at the
Sum of [state the Sum"] :

Now I, the said [Ma3ter*s Name\ do hereby, in pursuance of
the Merchant Shipping Act, 1854, oind the several Owners for
the Time being of the said Ship and of the Cargo therein, and
of the Freight payable in respect of such Cargo, and their re-
spective Heirs, Executors, and Administrators to pay among them
such Sum not exceeding the said Sum of [state the Sum Jixed],
in such Proportions and to such Persons as [if the Parties agree
on any other Courts substitute the Name of it here,"] the High Court
of Admiralty in England shall adjudge to be payable as Salvage
for the Services so alleged to have been rendered as aforesaid.

In witness whereof I have hereunto set my Hand and Seal, this
[insert the Date"] Day of

Signed, sealed, and delivered by the said [Master^s Name],

(L,s,)

In the Presence of [Name of Consular Officer or Ftce-
Admiralty Judge^ and of the Office he Jills].

CAP. CV.

An Act to amend the Laws relating to the Militia in England
and Wales. [11th August 1854.]

* \ VTHEREAS it is necessary to amend certain Provisions of

* ^ ^ the Laws now in force relating to the Militia in England

* and Wales:* Be it therefore enacted by the Queen's most Ex-
cellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows ; that is to say,

I. Tlie Thirty-seventh, Thirty-eighth, Tliirty-ninth, Fortieth, Parts of
and Forty-first Sections of the Act.of the Sixteenth and Seven- 16 ^ 17 TicL
teenth Years of Her present Majesty, Chapter One hundred and c« 116. repealed,
sixteen, shall be and the same are hereby repealed.

II. In all Cases where any Place provided for the Purpose of Place for Mill-
keeping therein the Arms, Accoutrements, Clothing, and other *^ ^*®'*^5JS
Stores belonging to any Regiment, Battalion, or Corps of Militia ^ ^ provided,
when not embodied is or may become from any Cause insecure,
insufficient, or unfit for the safe Custody of such Arms, Accoutre-
ments, Clothing, or other Stores, or in case the Public Service

or Convenience require the Site of the same to be changed, or in
case no such Place has been provided, the Justices of th*^ Peace
for such County at their General or Quarter Sessions next cnsning
assembled, upon the Representation of the Lord Lieutenant of
such County, and of the Colonel or Commandant of such Kegi-
ment, Battalion, or Corps, that no such Place ha.-? been provi'^'^d,
or that the Place provided is insecure, insullicient, or unfit, being
duly sati -tfied thereof, may and they are hereby required to pro-
vide a secure :r:d suitable Place for that Purpose, and to that end
they may in their Discretion from Time to Time resolve either to
purchase or hire any suitable Buildings or Premises, and if neces-
17 & la Vict. Tt sary

642

C.104.

17*>& 18*^ VICTOELE.

AJD.I804.

sary, to enlarge, alter, or improve the same, or from Time to Time
to enlarge, alter, or improve anj Buildings or Premises already
purcha&ed or hired, or to purchase or take on Lease for any Term
not less than Sixty Years any Portion of Land for the Purpose of
building and to build or rebuild thereupon secure and suitable
Buildings and Premises for the Purpose aforesaid, and, with re-
ference to any such Purchase as is hereby authorized, the Clauses
and Provisions of the "Lands Clauses Consolidation Act, 184o,**
with respect to the Purchase of Lands by Agreement, shall be
incorporated with this Act ; and the Words " Promoters of the
Undertaking " in those Clauses shall mean the Persons by this
Act authorized to purchase Laud ; and the Word " Undertaking"
shall mean the building or rebuilding, enlarging, or altering of a
Place for Militia Stores : Provided always, ^hat the Place to be
so hired, purchased, built, altered, or enlarged shall contain an
Orderly and Guard Room and Magazine, and a sufficient Yard or
Place wherein the Men may be mustered for the Issue and Return
of such Arms, Accoutreni^nts, Clothing, and other Stores ; {nro-
vidcd also, that it shall be at any Time lawful for such Justices, if
they think fit, to add to such Buildings Quarters for such Number
of the Permanent Staff as may appear to tiiem desirable, and Gelfay
together with such other Conveniences as may be suitable for the
Storehouse to Custody and Accommodation of the Stores ; and no Place provided
be exempt from for the keeping of Militia Stores under this or the recited Acts,
local Bates, nor any Buildings or Premises appurtenant thereto, shall be liable
to be assessed to any County, Borough, Parochial, or other local
Rates or Assessments ; aad 21II or any Person or PeESons by the
Lands Clauses Consolidation Act, 184«>, and this Act authorized
to sell may grant Leases instead of selling, and for such Term of
Years as may be agreed on, and under such Terras aud ProviaiMia
in all respects as may be agreed on, and. either at Baekreat or
otherwise, and any Fine or Premium paid on the granting any
such Lease shall be paid and applied under the Provisions of the
Lands Clauses Consolidation Act^ 1846, as if the same had arisen
from a Sale made by the Paarty making the Lease ; and the Partj
taking any Lease for the Purposes of this Act shall be indemni-
fied against the Rent and the Performance of tho Covenants in
such Lease by and out of the County Rates, and the same shall be
raised and paid out of the County Rates in the Manner after p»)-
vided for the raising and Payment of Literest on Monies borrowed
on Mortgage.

UL Whenever any Place which shall have been provided for
keeping the Stores of the Militia shall have become insecnx^
insufficient, or unfit for that Purpose, or in case the Public Serviee
or Convenience require the Site of the same to be changed, and
the Justices of the Peace for the County at General or Quarter
Sessions assembled as aforesaid shall have so determined, the
Persons in whom such Place may be vested, upon Service upon
them of an Order made at any Court of Quarter Sessiona of the
Peace, setting forth that anoUier and more convenient and peeper
Place has been 4>ro vided for the Purpose aforesaid, whereby the
Place theretofore provided has become uselessy shall proceed iogfhr
with, in such Manner as they shall think best, to sell and coavef
the same to any Purchaser thereof^ freed and discharged horn

the

Sale of Place
which is not
required*

A.D. 1854. 17" & 18« VICTORIA C. 105. 644

the Uses or Trusts to which it had theretofore been subject^ and
shall give Receipts and Acquittances for the Purchase Monej
thereof, and shall pay over such Money, after deducting Uiereout
all Costs and Charges attending such Sale, unto the Treasurer of
such County, to be by him applied and paid towards the Cost of
purchasing any Ground for the Purpose of building, or of pur-
chasing, building, rebuilding, enlarging, altering, improving, or
fitting up any Place, Buildings, or Premises for the Purposes afore*
said, under the Powers of this Act, and the Residue of such Pur«
chase Money (if any) shall be invested in the Public Funds, and
the Interest thereof applied in aid of the Rate of such County,
according as the Justices of the same, assembled as aforesaid, may
direct ; provided that no Person purchasing any Place so sold as
aforesaid shall be bound to inquire into any Circumstances re*
lating to the Sale thereof, nor be bound to see to the Application
nor be answerable for the Non-application or Misapplication of
the Purchase Monies ; and when and as soon as the Persons in
whom such Place shall have been so vested as aforesaid shall
have paid to the said County Treasurer the clear Proceeds arising
from such Sale, and shall have procured from such Treasurer his
Receipt for the same, then and from thenceforth such Persons
shall be forthwith discharged from all Liability, Claim, or Demand
in respect of the said Place, and of the I'roceeds arising from the
Sale thereof.

IV. The Sums that may be required for the Hire, Purchase, Expense of
Enlargement, Alteration, building of, or Addition to any such Storehouse,
Place, in case the same shall be approved by the said Lord Lieu- how to he pw*
tenant and Colonel or Commandant, shall, together with the Sums ^^ ^°'*
requiFed for the Cost of Fuel and other necessary Expenses
incidenlal to the Use and Mahrtenance of the Premises, be paid

by fhe IVeasurer of such County out of any Monies in his Hands
arising from County Rates ; or if such Treasurer shall at any
Time not have sufficient Monies in his Hand^tt, the JusHces of
such Cennty, in their €reneral or Quarter Sessions assembled, are
hereby auliiortzed and required, aa soon as may be sft«r receiving
Nati«e that such Monies are or will be required, forthwith to
eaii8» the same to be raised by such additional County Rate as
shall in their Judgment be sufficient; and the Monies so raised,
according to the Laws in force for the Time being relating to
Coanty Rates, shall be applied accordingly.

V. In order to distribute over a Term of Years the Expenses Powertobdr--
of purchaiung, building, enlarging, or alteiing such Place as afore* ^^ ^52f*'
said hereby directed to be paid out of the County Rate, the Jus- ^^tv Bates.
tioea of such County in their General or Quarter Sessions assem*

bled may, if they think fit, borrow all or any Part of the Money
neeesaary for the aforesaid Purposes upon Mortgage of the Rates
of sueb County ; and every such Mortgage may be in the Form
in the Schedule (A.) to this Act annexed^ or to the like Efiec<^
aod shall be exeouted by the Chairman and any T^vo of the Justices
present at the General ov Quarter Sessions at the Time being, and
shiUl be effectual for securing to the Person advancing the Sum
in auch Mortgage expressed, his Executors, Administrators, and
A£»igns, the Repayment thereof, with Interest after the Rate, at
the Times and in the Manner in such Mortgage specified ; and

Tt 2 any

644

C.105.

17" & 18* VICTORIA

A.D.1854.

Justices to pro-
Tide for Inte-
rest on Mort-
gages and Be-
payment of
FrmcipaL

Power to re-
borrow*

Mortgages
under former
Acts saved.

Acts done and
Contracts made
by Deputy
Ijeatenants
shall be TBlid.

any Person entitled to any sncb Mortgage may transfer his lUgbt
and Interest therein to any other Person, such Transfer being
made according to the Form in Schedule (B.) to this Act annexed,
or to the like Effect ; and the Persons to whom such Mortgages or
the Transfers thereof are made, their Executors and Adminis*
trators, shall be Creditors upon the Rates and Funds thereby
expressed to be charged, in an equal Degree one with another
according to the respective Sums in such Mortgages mentioned to
be advanced by them.

YI. The said Justices in General or Quarter Sessions assembled
shall in every Year provide for and cause to be paid out of the
County Rate, in the Manner and at the Times in such Mortgages
specified, the Monies required for the Time being to paj the
Interest on the several Sums borrowed under this Act or the first-
recited Act, and then unpaid, and shall also set apart and appro-
priate a further Sum, not being less than One Thirtieth Fart of
the Principal Sum originally borrowed upon such Mortgages, and
shall apply the same in the Repayment of so much of the said
Principal Sums then unpaid as it will extend to discharge, Year
bj Year, until the whole of such Principal Sums have been re-
paid ; and the said Justices shall, by Agreement with the Parties
entitled to such Mortgages, or in default of Agreement, by such
other Means as they deem most equitable and convenient, deter-
mine the Order of Priority in which the several Sums advanced
shall be repaid.

Vn. It shall be lawful for the said Justices, with the Consent
of the Parties entitled to such Mortgages, to pay off from Time to
Time any of the Monies so borrowed as aforesaid, and to reboirow
from Time to Time the Sums necessary for that Purpose, bnt so
nevertheless that all Monies borrowed under this or the first'
recited Act shall be repaid within Thirty Years from the Time of
first borrowing the same.

Vni. All Mortgages made under the Powers of the first-rcdted
Act shall be and remain as valid and effectual, and the Persons
entitled to the same shall continue to have the same Rights and
Remedies in respect thereof, as they would have bad if this Act
had not been passed.

IX. All Acts done hj the Deputy Lieutenants of any County
for or with reference to the providing of a Place for keeping the
Militia Stores, under any of the Acts heretofore in force, shall be
deemed good and valid, and all Contracts, Covenants, and Leases
made by them for the said Purposes, and under the Powers of
the said Acts, are hereby confirmed : Provided, that the Justices
of such County shall be deemed to be substituted for the Deputy
Lieutenants as the contracting Parties thereto, and such Contracts,
Covenants, and Leases shall be respectively construed and put in
force as if the same had originally been made and entered into hj
and with such Justices : Provided also, that in the Case of any
Lease subsisting at the Time of the passing of this Act, it shall
be lawful for the Justices of the County assembled as aforesaid,
with the Consent of the Lessors or their Representatives, andin
such Manner and upon such Terms as may be mutually agreed
upon, to determine such Lease, and such Justices are hereby autho-
rized

A.D. 1854. 17° & 180 yiCTORIJE. C. 105. 645 ^

rized to do all such Acts as may be necessary for carrying into
effect such Agreement and the Avoidance of such Lease.

X. All and every the Powers, Authorities, and Directions in Powtrs given
and by this Act given to or vested in the Lords Lieutenant, Deputy ^7 ^ "^ mtt
Itieutenants, and Treasurers of Counties, and the Justices of the ^^rfthe ^v'
Peace in their General or Quarter Sessions assembled, shall extend of London.

to and include the Commissioners of Lieutenancy for the City of
London and their Treasurer for the Time being, so far as the
same may be applicable to the Militia of the said City.

XI. * And whereas there are certain Corporate Towns and Municipal Bo-

* Places not liable by Law to the Payment of County Rates, but roughs exempt.

* to which the Provisions of the Acts relating to the Militia in |^ ^ ^^-
' other respects apply, and it is just that such Towns and Places buteinduePro-
' should contribute in fair and rateable Proportion to the Expenses portion.

* incurred for the efficient Maintenance of the Militia:' Be it
therefore enacted. That a proportionate Part of the Expense to be*
incurred or which may have been incurred by the Counties subse--
quently to the passing of the Act of the Fifteenth and Sixteenth* •
Years of Her present Majesty, Chapter Fifty, in providing, build-
ing, enlarging, or altering Places for Militia Stores, and of the
Expenses incident to the Use and Maintenance of the Premises,
shall be paid and borne, in manner herein-after provided, by all
Boroughs incorporated under the Act of the Sixth Year of King
WiUiam the Fourth, Chapter Seventy-six, or any Act amending
the same, or under the Provisions of any Charter granted or to
be granted under any of such Acts, and which Boroughs are not
liable by Law to the Payment of County Rates.

XIL In order to determine the Proportion to be contributed by Mode of assess-
any such Borough to the Expenditure for the Purposes aforesaid ipg the Fropor-^
of the County in which such Borough is locally situated, the Jus- ^^''^b?^^^^^
tices of every such County are hereby authorized and required at * ^^^
some GfenenJ or Quarter Sessions held by them within Six
Calendar Months after the passing of this Act, and the Council
of every such Borough are authorized and required at some
Meeting of the Council to be held within Three Months after
the passing of this Act, to appoint respectively Two Justices of
such County and Two Members of such Council, which said
Four Persons shall, as soon as conveniently may be after their
Appointment, meet together, and shall jointly determine and
award the respective Proportions in which the said County and
Borough shall contribute to the Expenditure incurred or to be
incurred under the recited Acts respectively or this Act, according
to the respective annual Values of the Property as rated to the
Relief of the Poor within such Borough, and of the Property as
rated to the Relief of the Poor ^d chargeable to the County Rate
within such County.

XIIL The said Four Persons shall certify the Sum so found Maimer in
by them to be contributable by such County and Borough respec- T^**,*^ -
tively, by an Award in Duplicate under their Hands and Seals, ^^^^^ w to oe
and shall transmit One Copy of such Award to the Clerk of the
Peace for the County, and the other Copy thereof to the Town
Clerk of the Borough, who shall respectively keep the same in
their Custody, and shall allow all Persons contributing to the
County Rates or Borough Rates (as the Case may be) to inspect

T t 3 and

646

0.105.

17*^ & 18« VICTORIJE.

A.D.1854.

Arbiintortobe
appointed in
de&ult of
Agreement.

Vacancies in
Arbitrators to
be supplied.

Power to in-
spect Rates.

Penalty.

The Borough
Treasnrer to
pay the Sums
awards to the
County Trea-
surer.

and take Copies of or Extracts from the same, at all eeaflonaUe
Hours, without Fee or Reward, and such Award shall, until
revoked as herein-after provided, be ftnal and conclusive.

XIV. In case the said Four Persons, or any of them, shall not
be appointed as lierein-before provided, or, hemg appointed, shall
be unable to agree together as to the P^portion of such Gontriba-
tion, or shall neglect to meet together, or fail to make any Award
within Three Months from the Time of the Appointment of the
Two Persons last appointed, it shall be lawful for One of Her
Majesty's Principal Secretaries of State, and he is hereby autho-
rized, upon the Memorial of the Justices of such County at their
General or Quarter Sessions assembled, to appoint One competent
Person to act as Arbitrator between such County and Borongh
respectively, and such Arbitrator shall be empowered to deter-
mine, upon the Basis of the annual Value of Property »s assessed
as aforesaid, the Proportion of Expenditure which such Borough
ought to contribute, and he shall make his Award upon the Matter
so determined under his Hand and Seal in Duplicate, and shall
transmit the several Copies thereof to the Clerk of the Peace and
Town Clerk, who shall perform the same Duties as before pro-
vided in respect thereof, and any such Award, until revoked as
herein-after mentioned, shall be final and conclusive.

XV. In case of the Death or Inability to act of any of such
Four Persons or of such Arbitrator, as the Case may be, the
Vacancy shall be supplied by the Justices, or the Cooncil, or
the Secretary of State bj whom the Person so dying or unable
to act was appointed within Three Months after such Vacancy
has occurred, and so from Time to Time.

XVI. All Persons appointed under this Act for the Purpose of
determining the respective Proportions contributable by any
Counties or Boroughs may, without Fee or Eeward, inspect or
take Copies or Extracts of and from all County or Borough Bates,
or Rates made for the Relief of the Poor in any Place whereto
their Inquiry extends, and which they may think necessary to be
examined, and any Person having the Care or Custody of any
such Rate who shall refuse to permit such Inspection, or the
taking of Copies or Extracts Ss hereby authorised, shall be liable
on Conviction to a Penalty not exceeding Ten Pounds.

XVn. The Sum or Sums which shall be determined, in accord-
ance with such Award as aforesaid, to be contributable by any
Borough to the Expenditure 4ncurred or to be incurred by the
County under this or the recited Acts or either of them in respect
of any Place for Militia Stores, and for their Use and Maintewmcc,
shall be paid from Time to Time by the Treasurer of such Boroogh
to the Treasurer of the County, upon a Warrant under the Hands
and Seals of any Two of the Justices present at the General or
Quarter Sessions of the County, and such Payment, for which a
Receipt shall be given by the Treasnrer of the County, ahatt be
made fr<mi Time to Time out of the Borough Rate or Boroagb
Fund of such Borough, or in case at any Time the Monies arising
from such Rate or Fund then in the Hands of such Treasurer
shall not be sufficient for the Purpose, the Council of such Borongb
shall forthwith cause the Sum or further Sums so required to be
raised by means of a Borough Rate, and to be paid over, according

A.D.1854. !?• & 18* VICTORIJE. C.105. 647

to the Exigency of the said Warrant, to the Treasurer of the
Countj.

XVin. In order to distribute over a Term of Years the Pro- Borough may
portion payable by any Borough of the Expense incurred or to ^'S^^.^J^*^
be incurred by the County in purchasing, erecting, enlarging, or ®" o"g»ge.
altering a Place for Militia Stores, it shall be lawful for the
Council to borrow any Sum of Money, not exceeding the Pro-
portion so payable by them, and, for the Purpose of securing
such Money, to mortgage, with the Consent of Three or more
Commissioners of Her Majesty's Treasury, any Part of the Lands,
Tenements, and Hereditaments of such Borough, and to repay
the Money so borrowed, and the Interest thereof, according to
the Terms of such Mortgages, out of the Borough Fund or
Borough Bate, and from Time to Time to reborrow, for the Pur-
pose of paying off any Sums so borrowed ; provided always, that
the whole of the Monies so borrowed, with the Interest thereon,
shall be repaid within the Period of Thirty Years from the Time
of first borrowing the same.

XIX. Such Mortgages shall be made in the Form in Schedule How Mortgages
(A.) to this Act annexed, mutatis mutdndisy or to the like Effect, are to bemads,
and shall be effectual for securing to the Person advancing the

Sum in such Mortgage expressed, his Executors, Administrators,
and Assigns, the Ilepayment thereof, with Interest, according to
the Terms of such Mortgage, and any Person entitled to any such
Mortgage may transfer his Right and Interest therein to any other
Person, such Transfer being made according to the Form in Sche-
dule (B.), mutatis mutandis^ or to the like Effect.

XX. All Conveyances, Leases, Mortgages, Awards, Contracts, InstnunentB
Receipts, and other Instruments made for the Purpose of carrying ®*®™P*®^ ^™
into effect the Provisions of this Act shall be exempt from Stamp Stamp Duty.
Duty.

XKL * Whereas it is necessary to determine by Law the Pro- Stannaries
' portions in which the Counties of Cornwall and Devon respec- ^^"^i? ^

* tively shall contribute to the Expenses incurred or to be incurred *P^ "^ '

* in respect to providing a Place for Militia Stores for the Stan-
*• naries Corps of Militia, called the Devon and Cornwall Miners

* Artillery Militia :' Be it therefore enacted, That the Lord War-
den of the Stannaries shall, within Three Months after the passing
of this Act, appoint Four of the Deputy Wardens of the Stan-
naries, of whom Two shall be Persons acting as Deputy Wardens
of the Stannaries of Devon, and Two shall be Persons acting as
Deputy Wardens of the Stannaries of ComwalU who shall, as
soon as conveniently may be after their Appointment, meet
together, and shall jointly determine and award the respective
Proportions in which tiio Two said Counties shall respectively
contribute, and shall certify the Sum so found by them to be con-
tributable by each of the said Counties by an Award in Triplicate
ander their Hands and Seals, and shall transmit One Copy thereof
to the Clerk of the Peace for the County of Devon, and One Copy
thereof to the Clerk of the Peace for the County of Cornwall, and
One Part thereof to the Clerk to the Warden, who shall respec-
tively keep the same in their Custody, and shoil allow all Persons
contributing to the County Rates of the said Counties to inspect
the same at all reasonable Hours without Fee or Rewardy and

T t 4 such

648

C. 105.

17^ & 18« VICTOKIiE.

A.D.1854.

Award may be
revoked in cer-
tain Events.

Three Parts of
the County of
Idncoln, how
to be d^t with
nnderthis Act.

H<fw the seve-
ral Quotas
Aallbepaid.

such Award shall, until revoked a« herein-after provided, be final
and conclusive ; but in case the said Four Persons shall be unable
to agree together as to the Proportions of such Contributkm, or
shall fail to make any Award within Three Months from the Date
of their Appointment, then the Lord Warden may appoint some
other competent Person who shall be empowered to determine and
shall award the fair and just Proportion to be contributed by
each of the said Counties, and he shall make his Award under his
Hand and Seal in Triplicate, and shall transmit the several Farts
thereof to the Clerks of the Peace and to the Clerk to the Warden,
and such Award shall, until revoked in manner herein-after pro-
vided, be final and conclusive : In case of the Death or Inability
to act of any of such Four Persons, or of such Arbitrator, a&
the Case may be, the Vacancy shall be supplied by the Lord
Warden of the Stannaries of Devon and Cornwall within Three
Months after such Vacancy has occurred, and so from Time to
Time.

XXn. At any Time, not being less than Three Years after
the Date of any Award made under this Act, it shall be lawful
for One of Her Majesty's Principal Secretaries of State, upon the
Memorial of the Justices of any County in General or Quarter
Sessions assembled, or of the Mayor, Aldermen, and Burgesses of
any Borough at a Special Meeting of their Council agreed to, if
he shall be satisfied that adequate Reasons exist for a Re-adjast-
ment of the Proportions contributable by such County and Borongh
respectively, to declare by Writing under his Hand that such
Award shall be revoked and that a new Award shall be made
in the Premises, and thereupon the same Proceedings shall be
had and taken with respect to the Appointment of Persons to
determine such Proportions, and of an Arbitrator if necessarv,
and with respect to the making of the Award and carrying the
same into execution, and all Proceedings consequent thereupon in
like Manner as are herein -before directed with respect to such
Matters respectively in the first instance.

XXIII. * And whereaa it is necessary to determine by Law

* the Proportions in which the several Divisions of the County of

* Lincoln known as the Parts of Kesteven, Holland^ and JJndsey

* respectively should contribute to the Expenditure incurred or to

* be incurred by the said County in respect to a Place for Militia

* Stores under this or the recited Acts :' Be it therefore enacted,
That of the Sums which have been subsequently to the passing
of the said Act of the Fifteenth and Sixteenth Victoria^ Chapter
Fifty, or which may be hereafter expended from Time to Time
tor the Purposes aforesaid in respect to the whole Number of
Militia raised or to be raised in and for the said County, the Pro-
portions chargeable on the said Parts respectively shall be as
follows, namely, on Lindsey One Moiety of the whole Sum or
Sums, and on Kesteven Four Sevenths, and on Holland Three
Sevenths of the remaining Moiety thereof.

XXIV. * And whereas a separate and distinct County Rate is

* now raised, and a separate Commission of the Peace exists in

* and for each of the said Three Parts or Divisions :* Be it enacted,
That the Proportion of the whole Charge hereby made payable
by each such Part shall be separately raised in and for ench Parti

and

A.D.1864. 17« & 18 > VICTORIiE. C. 105. . 649

and shall be paid and accoanted for by the respective Treasurer
of each Part, and maj be borrowed and secured upon Mortgage of
the Rate leviable in each Part respectively, and under the Autho-
rity and Control of the Justices acting in and for each Part, and
at the General or Quarter Sessions held in and for the same
respectively* in like Manner for the Purposes now specified as if
each of the said Parts were a distinct and separate County.

XXV. Each of the said Parts of the County of Lincoln shall Parts of Lin-
also be deemed to be a separate County for the Purpose of deter- colnshire to be
mining the Proportion in which the several Boroughs and other »?PM»teCoaii-
Places not liable to County Rates situated therein respectively JJ^JjJ^c^^,
shall contribute to the Expenses incurred or to be incurred as bationsftom
aforesaid under this or the recited Acts, the said several Boroughs Boroughs and
and Places being deemed liable to contribute in aid of the several Franchises.
Parts in which they are locally situated respectively ; and for the
Purposes of this Act the City of Lincoln shall be held to be in the
Parts of Liwhey^ and the Borough of Stamford in the Parts of
Kesieven,

XXVL « And whereas by the Act of the Seventh Year of King isie of Ely to
' William the Fourth and the First Year of Her present Majesty, oontribate in

* Chapter Fifty-three, it was among other things enacted, that the certain Propor-

* Jsle of Ely, being locally situated in the County of Cambridge, ^cV^^^^

* should, for the Purposes of Statutes made or to be passed, be ^ ^'

* deemed and taken to be a Division of a County, but nevertheless

* the Justices of the said Isle of Ely act under a separate Com-
' mission of the Peace, and a separate County Rate is made and
' levied for the said Isle, and it is necessary that Provision be
' made for the Removal of Doubts touching the respective Liabili-

* ties of the said Isle and of the County of Cambridge^ and the

* proportionate Sums contributable by each of them respectively
' to the Expenses incurred and to be incurred by the County

* under this and the recited Acts in respect to the Militia of the
^ said County and Isle :' Be it therefore enacted, That of the Sums
which have been subsequently to the passing of the said Act of the
Fifteenth and Sixteenth Victoria, Chapter Fifty, or which may be
hereafter expended, from Time to Time, for the Purposes aforesaid,
in respect of the whole Number of Militia raised or to be raised in
and for the County of Cambridge, including the said Isle of Ely,
the Proportions chargeable on the said County and Isle respec-
tively shall be as follow, namely, on the said County, including
the Proportion to bo received from the Borough of Cambridge,
Twelve Nineteenth Parts, and on the said Isle Seven Nineteenth
Parts of the whole, and the Proportion so chargeable on the said
Isle shall, as to the Amount expended before the passing of this
Act> (on Notice in Writing of the Amount thereof being trans-
mitted by Post by the Clerk of the Peace of the County of Cam-
bridge to the Clerk of the Peace of the said Isle,) be forthwith
paid by the Treasurer of the said Isle, and as to the Amount which
may hereafter be expended from Time to Time on the like Notice
be paid from Time to Time by the Treasurer of the said Isle
to the Treasurer of the said County.

XXVII. The Sums contributable according to the said Proper- Quotas of the
tions shall be separately raised in and for the said County and ^J^^^?^^^*
Isle, and shall be separately paid and accounted for by their J^Jgl^^y,

' respective * ^

650

C.105.

17-&18" VICTORIiE.

AD. 1854.

IsIeofElytobe
inchided in the
CoiiBtj.

oonferilmtAUe

byJ^BBduMS
andPiaees
exempt from
County Batef.

Situation of
Berwick-upon-
Tweed.

Landed Estate
to qualify Offi-
cers of Militia
may be in any
Fart of the
United King-
dom.

respective Treasurers, and may be borrowed and eecared upon
Mortgage of the Rates leviable in and for them rcspcctivelj, and
under the Authority and Control of their respective Justices and
Courts of General or Quarter Sessions, in like Manner, for tbe
Purposes now specified, as if the said County and the said Isle
were Two separate and distinct Counties.

XXVni. For the Purpose of determining the Proportion of
Contribution to be made under this Act to the County of Cambrid^
by any Borough or other Place not liable to County Rates situated
therein, the Isk of Ely shall be deemed to be Part of such County.

XXIX. The Provisions of this Act with respect to Boroughs
incorporated under the Acts relating to Municipal CorporaticmSy
and not liable to County Rates, and with respect to the Mode of
determining the Proportion of the Expense incurred by Counties
under this or the recited Acts which shall be contributable by
such Boroughs, shall apply, mutatis mutandis, to every Franchise^
Liberty, Borough, or Place not liable by Law to the Payment of
County Rates, but not being such Municipal Borough ; and tke
Proportion of the Expenditure incurred or to be incurred by
the County in which any such Franchise, Liberty, Borough, or
Place is locally situated which shall be contributable by such
Franchise, Liberty, Borough, or Place shall be jointly determined
by Two Justices of such County appointed as aforesaid, and Two
Justices of or Persons appointed to act on behalf of such Fran-
chise, Liberty, Borough, or Place by the Justices thereof at any
Meeting specially convened for that Purpose, or if there be not
Two Justices then by the Mayor or chief Municipal Officer thereof,
or in default of any such Appointment or of the Agreement or
Determination of the Persons so respectively appointed, then by
an Arbitrator to be nominated as herein-before provided, and the
Amount of Contribution so determined shall be paid out of the
Liberty Rate or other local Rate in the Nature of a County Rate
leviable within such Franchise, Liberty, Borough, or Place, and the
other Provisions herein-before contained with respect to the Re-
vocation of the Award, and to the borrowing of Money, and other
Matters incidental thereto, shall apply in like Manner to such
Franchise, Liberty, Borough, or Place as aforesaid.

XXX. For the Purposes of this Act, the Borough and Town of
Berwick'Upon'Tu>eed shall be deemed to be situate within the
County of Northumherland.

XXXI. *And whereas the Act of the Forty-second Year of

* King George the Third, Chapter Ninety, contains Provisions
' concerning the Qualifications in respect of Property to be
' possessed by Deputy Lieutenants and Officers of the Militia,

* which Provisions were altered and modified by the recited Ad

* of the Fifteenth and Sixteenth Years of Her present Majesty,

* Chapter Fifty ; but it is expedient further to relax the Restric-

* tions imposed in that Behalf by the first-recited Act :' Be it
enacted, That the Qualification by Possession or Expectancy of
Landed Estate in the Manner and of the Value prescribed by the
first -recited Act shall be sufficient to qualify any Deputy Lieute-
nant or other Officer of the Militia for whom by the secondly-recited
Act a Qualification in respect of Property is still required, in
whatever Part of the United Kingdom such Landed Estate may

happen

AD.1854. 17" & 18« VICTORIA. C.105. 651

hfippen to be sitttoted, and Officers of the Regular Armj, the
Marines, or Eagi India Company's Service, who have served Five
Years in the Regular Army or Eaai India Company's Service^
shall be admissible as Captains into the Militia Force witlM)at any
Qualifieation berag required.

XXKII. * And whereas the Penalty imposed by the Sixty-fifth Section 65 «f

* Section cff the recited Act of the Forty-second Year of King *^9j^-^^^'

* Ge&rge the Third, Chapter Ninety, has been found to be unneces- ''*P**'«^«

* sary:' Tlie said Sixty-fifth Section is hereby repealed.

XXKIII. If any Drummer or Bugler of the Permanent Staff Drummers
shall absent himself without Leave for a Period exceeding Five offending in
Days, and shall not account for such Absence to the Satisfaction of ^^^^ Sedaih
his Commanding Officer, and if any Drummer or Bugler of the ^j^
Permanent Staff shall be guilty of any other Offence which the
Commanding Officer may not think necessary to bring before a
Court-martial, the Commanding Officer may, in addition to any
other Punishment which he is authorized to award, order that such
Drummer or Bugler be imprisoned for any Period not exceeding
One hundred and sixty-eight Hours, with or without Hard
Labour, or with or without Solitary Confinement, as the said
Commanding Offieer may think fit, and such Drummer or Bugler
shall forfeit hia Pay for the Day or Days of such Bnprisonment ;
and any Drummer or Bugler who shall have absented himself as
aforesaid may, in addition to or instead of such Imprisonment and
Forfeiture or other Punishment which the Commanding Officer
has Authority to inflict, be further deprived, by Order of his Com-
manding Officer, of his Pay for the Day or Days of such Absence ;
provided that such Drummer or Bugler so ordered to suffer Im-
prisonment or Forfeiture of Pay shall, if he so request, be entitled
to be tried by a Court-martial for his Offence, instead of submitting
to such Imprisonment or Forfeitures ; and if any Person who shall
have served in Her Majesty's Forces, and shall afterwards have
been enrolled as a Non-commissioned Officer on the Permanent
Staff of the Militia, shall be discharged from any Regiment or
Corps for Misconduct, the Cause of his Discharge shall be certified
bj the Colonel or Commandant of such Regiments or Corps on the
Back of the Certificate of his Discharge from Her Majesty's Army,
and a Copy of the same forwarded to the Adjutant General of
Her Majesty's Forces, the Secretary of State for the Home De-
partment, and the Secret ary-at- War.

XXXIV. Innkeepers and others who, according to the Pro- Permanent
visions of the Act for punishing Mutiny and Desertion, are liable ?^*° ^ ^^'
to have Soldiers billeted upon them, shall in like Manner be sub- ^

ject to have the Permanent Staff of the Militia, when disembodied,
billeted upon them, and in default of their providing convenient
Lodging, with Fire and Candle, as prescribed in the Kinety-fourth
Section of the Act of the Forty-second Year of George the Third,
Chapter Ninety, shall be liable to the Penalties imposed upon
Civil Subjects ofiending against the Laws relating to Billets as
prescribed by the said Acts for punishing Mutiny and Desertion.

XXXV. The Sections numbered from Three to Twenty inclu- Repeal of
sive of the Act of the Sixteenth and Seventeenth Years of Her ^^ * ^^ ^^^:
present Majesty, Chapter One hundred and thirty-liiree, shall be ^*j^^» «*««P«
repealed, provided that such Repeal shall not revive the Pttrrisions

of

662 C. 104. 17« & 18» VICTORLaE. A-D. 1854.

of way former Acts which bj anj of the said Sections were
repealed.
Depaty licp- XXXVI. The Deputy Lieutenants of Counties shall severally
tenants to ud ^^ the Colonels or Commanding Officers of the Regiments, Bat-
T temfor Ae **^^^^> ^^ Corps of Militia of their respective Counties in raising
3^^^ and enrolling Volunteers for such Militia in the several Parishes

where such Deputy Lieutenants may be resident, and otherwise as
the Lieutenants of such Counties may from Time to Time direct,
but no General or Subdivision Meeting shall be holden for that
Purpose, unless such Meeting be convened pursuant to any special
Order made in this Behalf by One of Her Majesty's Principal
Secretaries of State.
Notijseaof Ge- XXXVIL Notices of the Days and Places of holding General
i\iri^ ^totT Meetings of Lieutenancy shaU be sent by the Post by the Clerk of
ings to be Bent *^® General Meetings to the several Deputy Lieutenants of the
to Deputy Lieu- County Seven Days at the least before the Days appointed for
tenants by Poet holding such Meetings respectively; and any Notices of Subdivi-
sion Meetings required to be given to Deputy Lieutenants or
others shall be sent by the Clerk of General Meetings by Post
Times and XXXVIII. No General Meeting of Lieutenancy shall be holden

Places of Exer- foj. appointing the Times and Places of Training and Exercise of
^ ^^ a' *^® Militia in England, except by the special Order of One oi Her
^noi M«2- Majesty's Principal Secretaries of State; but the Times and Places
ings of lien- of Training and Exercise of the Militia-men serving for each
tenaney. County in England shall be appointed, with the Approbation of

Her Majesty, by the Lieutenant of such County, or by the Vice-
Lieutenant in case of the Illness or Absence of the Lieutenant, or
in case of the Non-appointment of any Vice-Lieutenant, then hy
Three Deputy Lieutenants authorized by Her Majesty to act as or
in the Place of such Lieutenant when such Lieutenant is out of
Great Britain, or when there is no such Lieutenant: Provided
always, that nothing herein contained shall prejudice or affect the
Powers vested in Her Majesty under Sections Twenty-six and
Twenty-seven of the Act of the Fifteenth and Sixteenth Years of
Her present Majesty, Chapter Fifty.
How Notices of XXXIX Notices to Men who are enrolled in the Militia in
Times and England to attend Training and Exercise shall be sent, by the
'S\BfXM^^viT- Order of the Colonel or Commanding Officer of the Regiment,
dseto be given. Battalion, or Corps to which such Men belong, by the Post to the
Residences of the several Men as stated on their Attestations, or
as subsequently notified by them, and Notices shall also be sent
by the Post to the Constables, Tithingmen, Headboroughs, and
other Officers of the respective Parishes, Tithings, and Places in
which such Men are so stated to be resident, with Directions to
cause the same to be affixed on the Door or the outer Wall near
the Door of every Church and Chapel in their respective Parishes,
Tithings, or Places, including Places of Public Worship which do
not belong to the Established Church ; and if any Place have no
Church or Chapel, then in such Manner as Public Notices are
usually made known in such Places, and on the Doors or outer
Walls as aforesaid of the Churches or Chapels of some Parish,
Tithing, or Place adjoining ; and every such Constable, Tithing'
man, Headborough, and other Officer as aforesaid shall, within

Three Days after the Receipt of any such Notice, cause the ssm^

- or

A.D.1854. l?'^ & 18« VICTORIA. C.105. 663

or Copies thereof to be affixed accordingly ; and anj sacb Con-
stable, Tithingman, Headborough, or Officer who wilfully neglects
so to do, shall for every such Offence, on Conviction thereof before
Two Justices, forfeit any Sum not exceeding Twenty Pounds ;
-and such Notice shall be deemed a sufficient Notice to every
Person enrolled by virtue of the recited Act of the Fifteenth and
Sixteenth Years of Queen Victoria^ Chapter Fifty, notwithstanding
-any Omission in the Notices by Post; and any such Man not ap-
pearing at the Time and Place appointed in any such Notice shall
be subject to be punished and dealt with accordingly.

XL. Any Militia Volunteer who, before the expiration of his Penaldes for
Engagement as a Militia-man in any Regiment^ Battalion, or f Aadulent Be-
CJorps, enrols or offers to enrol himself in any other Regiment^ enlistment
Battalion, or Corps of Militia, or in the same Regiment, Battalion,
t>r Corps, whether by the same or by different Names, (save in
the Way of lawful Renewal of his Engagement,) shall, upon Con-
viction thereof before any One Justice of the Peace, forfeit and
pay any Sum not exceeding Ten Pounds, and in default of such
I^ayment shall be committed to the Common Gaol or House of
Correction to be imprisoned, with or without Hard Labour, for
any Time not exceeding Three Months, and shall also be liable
to the Deduction out of the Bounty which he might otherwise
have received in respect of his original Enlistment of a Sum
equal to what he may have received upon his fraudulent Re-
enlistment, and of such further Sum as the Colonel or Command-
ing Officer of the Regiment, Battalion, or Corps in which he may
have originally enlisted shall think proper, or as the Secretary-at-
War may from Time to Time direct, not exceeding the Expenses
of his Attestation and Enrolment on such fraudulent Re-enlist-
ment.

XLL The Justice before whom a Militia Volunteer shall be The Justice be-
convicted of having enrolled or offered to enrol himself in another fore whom a
Regiment, Battalion, or Corps of Militia, or more than once in Militiamanig
the same Regiment, Battalion, or Corps of Militia, shaJl send or ^J^i^noit
cause to be sent to the Secretary-at-War a Report of such Con- jn the Militia to
viction, stating the Name of such Volunteer, the Regiment, Bat- send Report of
talion, or Corps of Militia to which he belongs, the Offence of Conviction to
which he has been convicted, and the Sentence or Decision of Secretary-at-
the Justice thereon, and where such Volunteer shall be impri- ^"^
soncd in pursuance of such Conviction, the Period when the
Imprisonment will expire ; and for such Report as aforesaid the
Clerk of the said Justice shall be entitled to a Fee of Two Shil-
lings, and no more- ; and the Secretary-at-War may transmit to the
Justice so convicting an Order for the Payment to any Person
who has apprehended and procured the Conviction of such
Offender of such Sum not exceeding Twenty Shillings as he shall
think fit.

XLII. It shall be lawful for the Secretary-at-War at any Time Power to dis-
to discharge any Militia Volunteer for Misconduct, Unfitness, or Sjlf'*''?JJ'^,. .
other Cause, upon such Conditions as he may from Time to Time ^o ^ve^***
direct, and such Volunteer shall have no Claim to future Pay or ^g^ in the
Bounty, or to release from future Attendance in the Militia any regular Foicei*
Volunteer who may have fraudulently enlisted into Her Majesty's
Regular Forces or into the Forces of the East India Company, or

who

654

aio&

17«&18« VICTOBIjE.

AJ)a854.

ProvisioiL for
witATioTdiiift ^
P&yment oT
Bounty from
Men wrong-
fully absent
iVomTraming

Enrolment in
Militia not to
cause Forfeiture
of any Interest j
in any Benefit '
Society,

fnsi^uHiBnt Ox
Meff not attend^
ingy.or aiMent-
ing tlkemaehrev
during Tndn--
ing, and not
taken till after.

l^yision for
Apprehension
of Militia-men

who may have fraudulentlj entered into Her Mqesty*d Navy, aod
who has bean sentenced to Imprisonment, or to Forfeiture for a
Period not exceeding Eighteen Calendar Months of One Penny a
Day from, his Pay in. such. Forces or Navy ; and any Man so re-
leased shall serve with the Force which be mary hav« enlisted into
or entered in the United Kingdom or elsewhere^ with the like
Liabilities in all respects as any Soldier or Seamaa in such re-
spective Force,, and iiis Place in the Militia shall be supplied in
like Manner as if his TeroLof Service as a Militia-man had expired
by Efflux of Time.

XXJIL Any Bounty which, under the Regulations made or
to be made under the said Act of the Fifteenth and Sixteenth
Victoritiy Chapter Fifty, may be payable during or in respect of
Attendaoco at Training and Exjercise shall be forfeited by sdj
Man who wholly absents himself from such Training and Exerdse
without Leave lawfully granted, or Sickness^ certified accordiog
to such Regulations ; aad any such Bounty wlach would oiherwiio
be payable to any Man who partiadly absents himself as aforesaid
without such Leave, or Sickness^ certified as aforesaid, or wiio
misconducts himself during the Trainings shall be wholly withheld,
or issued only in such Manner and in sack Portions as the Secre-
tary-at-Waav upon the Report of the Commanding Officer, sbaU
determine.

XLIV. No Man by reason of his Enrolment or Service in tl^e
Militiay or in the Naval Coast Volunteers, shall lose or for£»t, or
be deemed to have lost or forfeitodt any Interest he may poaeessy
or may have possessed at the Time of his so being enrolled or
serving, in any Friendly or Beneftt Society, any Lawfs Rales, or
Regulations, of such Society to the contrary not^vithetanding ^
and in case any Dispute shall arise between any snch Society and
any such Man by reason of such Enrolment or Service, it ^U
be. considered as being a Dispote directed by the Rules of such
Society to be decided by Juatiees of the Peace-, pursuant tatlis
Provisions of the Aets in force relating to Friendly Sooieties.

XLY. Every Militia-man raised under the recited Act of the
Fifteenth and Sixteenth Years of Her present Majesty, Cliapt«r
Fifty,, (not liabouring ujuier any certified. Infinnity or Incapaci^O
who shall not appear at the Time and Place appointed for bis
being exercised (Notice having been given as by Law required),
or who, having joined the Regiment, Battalion, or Corps to which
he belongs, or any Company or Com^anies^ or any Detachment or
Division thereof- shall desert or absent himself during the Tina
of any such Exercise, shall be deemed a Deserter,, and, upon Con»-
yiction thereof before any Justice of the Peace, be liable to forlait
and pay a Sum not exceeding Ton Pounds ; and if such Penal^
shall not be immediately paid,, the said Justice shall sentence, such
Militia-man to the House of Correction or to the Common Goft^r
there to be imprisoned, with or widiaut Hacd Labour, for so/
Period not exceeding Three Months, unless the said Penalty be
sooner paid; provid^ that any Information may be laidagsios^
such l^Glitia-man under this Section at any Time within the
Period of his Engagement in the Militia*

XL-YL The Commanding Officer of any Re^ment, BattsUoi^
or Corps of Militia shall notify ta the Secretary-at-War, and to

tll6

AJ3.1854. 17 ^^ & 18^ VICTORIA C. 106* 65fi

the Constables^ TithiDgmeny Headboroughs, or other Officers of not attending
the Parishes, Tithings, and Places in which Militia-men reside <^^ !?*^*™^
who have not attencted Trainiag and Exercise, or who may have ^J^^Jiin.
absented themselves during the Time of Training and Exercise of ^^
their respective Regiments, Battalions, or Corps^ the Kamea and
Descriptions of all such Militia-men who have so absented them-
selves; and it shall be lawful for any Constable, Tithingman,
Hcadborough^ or Officer, or for any Officer or Soldier in Her
Majesty's Service or in the Militia, to apprehend or cause any
such Militia-man to be apprehended, and to bring him or cause
him to be brought before any Justice of the Peace, at any Time
within the Period of his Engagement in the Militia, to be dealt
with as lierein-befora mentioned, or to be committed to safe Cus-
tody until an Escort can be sent for him, if such Regiment, Bat-
talion, or Corps, be then out for Training and Exercise ; and such
Justice shall ti-ansmit a Report, in the Form prescribed in Sche-.
dule (C.) annexed to this Act, to the Secretary-at-War, and the
&cretAry-at-War shall transmit to such Justice an Order for the
Payment to the Person or Persons by whom such Militia-man was
apprehended and secured of such Sum not exceeding Twenty
Shillings as the Secretary-at-War may think fit.

XLVIL Any Person who by Words or other Means shall per- Penalty for in-
suade any Militia-man improperly to absent himself from his Duty, duciug ^^|^
and every Person who shall assist or procure any such Volunteer Jhemsclvw^c
improperly to absent himself as aforesaid, or shall conceal, employ,
or continue to em^^oy any such Volunteer, knowing him to be so
improperly absent, shall for every such Offisnce forfeit and pay a
Sum. not exceeding Twenty Pounds.
- XLYIIL The One hundred and second Section of the Act of Penalty for
the Forty-second Year of King. George the Third, Chapter Ninety, W«;«Annsor
shall be repealed, and if any Person shall knowingly and wilfully ^"^*** Stores,
buy, take in exchange,, conceal, or otherwise receive any Militia
Anns, Clothes, or Accoutrements^ or any such Articles luelonging
to a Militia-man as are generally deemed Begimental Necessaries
according to the Custom of the Army, being provided for the Sol-
dier, and paid for by Deductions out of bis Pay, or any Public
Stores or Ammunition delivered for the Militi% upon any Ac*
count or Pretence whatsoever, contrary to the true Intent and
Meaning of this Act, and of the other Acts in force relating to the
Militia^ the Person so offending shall for every such Offence forfeit
and pay not exceeding Ten Pounds; and if such Penalty be not
immediately paid, and the Offender shall not have sufficient Goods
and Chattels whereon to levy the same, the Justice by whom such
Offender was convicted shall commit him to the House of Correc-
tion or Common Gaol, there to be imprisoned, with or without
Hard Labour, Car any Period nat exceeding Six Months^ luilesa
the said Penalty be sooner paid.

XLIX. All Offences for which any pecuniary Penalty or Foe- Recover]p*«f
feiture is by this Act imposed shall and may be heard and deter- Penalties,
mined by any Justice of the Peace in or near to the Place where
the Offence shall be conunitted, or where the Offender may at any
Time happen to be ; and all such Penalties* and Forfeitures,, and
alae the reasonable Costs attending the Prosecution, to be duly
ascertained and awarded by such Justice, shall and may be en-
forced

666

C.105.

17« & 18* VICTORLS:.

A.D.1854.

11 & 12 Tict
C. 43.

Application of
certain Penal-
ties.

Application €i
Penalties on
Ifilitia-men.

Section 98. of
42 G. 3. c 90.
suspended.

Volunteers nn-
der Instmction
in the Army to
be under Mu-
tiny Act.

Act to extend
to Stannaries of
Cornwall and
I>eTon.

Secretary of
State may moYe
Begiment

AstoQoalifica-
tions of Sur-
geons.

forced and recovered in the same Manner as anj pecuniary Penal-
ties may be recovered in England or Wales under the ProTisioDs
of an Act passed in the Twelfth Year of Her Majesty, intituled
An Act to facilitate the Performance of the Duties of JusOees of
the Peace out of Sessions unthin England and Wales with respect
to summary Cofivictions and Orders,

L. One Moietj of every pecuniary Penaltj or Forfeiture im-
posed under this Act upon any Person duly convicted .of buying,
taking in exchange, concealing, or otherwise receiving contrary
to Laiv any Militia Arms, Clothes, Accoutrements, or Reg;imcDtal
Necessaries belonging to any Militia-man, or any Public Stores or
Ammunition for the Service of the Militia, and every pecuniary
Penalty or Forfeiture imposed under this Act upon any Person
assisting, procuring, or persuading any Militia Volunteer impro-
perly to absent himself from his Duty, or concealing, employing,
'or continuing to employ any such Volunteer, knowing him to be
so improperly absent, shall go to the Person who shall inform or
sue for the same, and the other Moiety, or, where the Offence
shall be proved by the Person who shall inform then the whole
of the Penalty, shall be paid over and applied in such Manner as
the Secretary-at-War shall direct, anything in any other Act lo
the contrary notwithstanding ; and every Justice who shall ad-
judge any such Penalty or Forfeiture shall, within Four Days at
the furthest, report the same and his Adjudication thereof to the
Secretary-at-War.

LI. AH Penalties imposed by this Act upon Militia-men (except
the Deductions from Bounty, which shall be brought to Public
Credit,) shall be paid to the Commanding Officers of the respectiTC
Regiments, Battalions, or other Bodies of Militia of the respective
Counties to which the Militia-man belongs, and shall be made and
accounted for as Part of the Public Stock of such Regiment,
Battalion, or other Body of Militia respectively.

LII Section Ninety-eight of tlie Act of the Forty-second Year
of George the Third, Chapter Ninety, which requires Returns of
the State of the Classes of the Men belonging to each Company of
Militia called out to Exercise, shall be and remain suspended so
long as the raising of the Militia by Ballot shall be suspended.

Lni. Any Militia Volunteer attached for a Time for the Pur-
pose of Instruction to any Regiment, Battalion, or I>ep6t of Her
Majesty's Forces, or Permanent Staff of a Regiment of Militia,
shall for such Time be deemed to be under the Operation of the
Mutiny Act, and under the Command of the Officer commanding
such Regiment, Battalion, Dep6t, or Permanent Staff of a Kegi-
ment of Militia.

LIV. All Things in this Act contained shall be construed to ex-
tend, and shall be applicable, as far as may be, to the Stannaries of
Cornwall and Devon, to the Lord Warden and to the Deputy
Wardens of the Stannaries, and to the Corps of Miners of Comwaii
and Devon,

LV. The Secretary of State shall have Power to move any Regi-
ment of Militia not embodied into any Quarters in any Part of the
United Kingdom during the Period of their Training.

LVI. All Persons possessing Diplomas, Certificates, or Qualifi-
cations held to qualify such Persons to act as Surgeons or Assistiint

SurgeoiH

A.D.1854. 17- & 18» VICTORIiE. C. 106. 657

Surgeons in the Army shall be held to be duly qualified to serve as
Surgeons or Assistant Surgeons in the Militia.

LVn. This Act may be cited for all Purposes as « The Militia Short Title.
Law Amendment Act, 1854."

LYin. The Word '^County" in this Act shall include any Interpielatioa.
Riding or Division of a County, having a separate Commission of
the Peace, unless there be something in the Subject or Context
repugnant to such Construction ; and the Word " Treasurer ** in
this Act shall include the Treasurer of any Riding, Division, or
Portion of a County for which there shall be a separate Treasurer,
although such Riding, Division, or Portion of a County shall not
V have a separate Commission of the Peace.

SCHEDULES to this Act

SCHEDULE (A.)

Form of Mortgage.
By virtue of the '' Militia Law Amendment Act, 1854," we A.B.
the Chairman, and CD. and E.F. Justices of the Peace, assem-
bled at the Court of Greneral or Quarter Sessions of the Peace for
the County of \or the Mayor, Aldermen, and

Burgesses of the Borough of , or us the Case may

be]^ in consideration of the Sum of paid to the Trea-

surer of the said County \or Borough] by A.B. of
for the Purposes of the said Act, do grant and assign unto the said
A.B.J his Executors, Administrators, and Assigns, such Proportion
of the [here describe the Rates or Property intended

to he mortgaged] as the said Sum of doth or shall

bear to the whole Sum which is or shall be borrowed upon the
Credit of the said , to hold to the said A.B.^ his

Executors, Administrators, and Assigns^ from this Day until the
said Sum of with Interest at per Centum

per Annum for the same, shall be fully paid and satisfied (the
Principal Sum to be repaid within not less than Years

from the Date hereof). In witness whereof we have hereunto set
our Hands and Seals, (or given under our Corporate Seal,) this
Day of 18 .

(L.s.)

SCHEDULE (B.)
Form of Assignment of Mortgage.
I A.B, of in consideration of the Sum of

paid to me by CD. of do hereby assign* to the said

C.D.y his Executors, Administrators, and Assigns, a certain Mort-
gage, numbered , made by the Justices of the County of
[or the Mayor, Aldermen, and Burgesses of the
Borough of or as the Case may he^] bearing Date
the Day of for securing the Sum
of and Interest thereon, [or, {if such Transfer he
by Indorsementy^ the within Security,] and all my Right and In-
terest to and in the Monies thereby secured, and the Rates (or
Liands, Tenements, and Hereditanacnts,) thereby assigned. In
iv'itness whereof I have hereunto set my Hand and Seal this
Day of 18 .

(L.S.)

17 & 18 Vict. U u SCHE-

6M

C.105.

17- & 18« VICTOBIiB.

AJ).16S4.

SCHEDULE (C)

EEPOET.
Descriptive Rbtukn of eaomktcd to C«m6aemtiat

at on the Dtj of as

an Absentee frcNn the Training of (he B^iment of

Militia.

Age - - - -

Height . - - .

Feet. Inehd^

Complexion - -

Hair . - - .

Eyes - - . -

Marks - . - .

Probabk Date of Enrolment, and
where . - -

Probable Date of ubsenting hiiii«elf,
and from wliat Place -

Name, Occa])ation, and Address of
the Person by »hora afpprehended*

Particulars in the Evidence on which
the Ptisoner h committed, and
showing whether he surrendered
or was apprehended, and in what
Manner, and upon what Grounds,
and whether committed for safe
Custody only, or as a Deserter
under this Act, and if so, for what
Period

_

• It to important for the PiMte Sci^rloe, and for the Intcre*t of the PUmmt, that tiito itetef tbt
Return ahould be aocuratol j flUed up, and the Detailt should be fauorted by (he If^iigtrale m Ut
own Handmlttng, or, nnder Id* IMracttoB, by hit Clerk.

I do lacreby certify, that the Prisoner
has been duly cumined before me as to
the Cuwumstances herein sUted,and has
declared in my Pieeence that he f
absent himself from the before-men-
tioned Corps.

- SSr^MOfifre and Addnu

igf ilfeytsfygfe.

— Siipuiiure 4if Priatmer,

Signature of Informant,

t Inicrt "did"or '•4W not," at the Ca«e may be.

I certify, that I have insjiccted the
Prisoner, and consider hira |
for Military Senrice.

— ^— ^— - Signature of Afr

iUary A/edioof Ojgieer, er

I Privette Mediad AwfdisMr.

t Inaert ••tt* or -nnflt,- at tte O*

may be; and If unflt. Hate the Cra« «

Unfltneea. ._

11 Ho Fise wBl he allowed to a FriviM *^

dical PractWoDcr where a IfllHarr Mef»

Officer is tutioned, unlets It it ihoirn ■» *

Senices were not ayaUable. ^

CAP.

AD.1854. 17* & 18' VICTORIiE. C.106. 66$

CAP. CVL

An Act tor aaieiidiiig the Lmtb rdsiiAg to the Militk, and
raising a Yolnnteer IMilitia Force^ in Scotland^

[llih August \%&A.^

' YV^^^^^^^^^^^^ ^^ ^^ expedieni; to aaoend ihxi Laws rdatiog to
( ▼ ▼ Ihe Militia in SciUamd^ and to aake Provision for laisiag
' a Militia Force in Seoilamd by Toluntary EnlistmeBt :' Be it there-
fcce enacted bj the Queen's most Excellent Majesty, by aad with
the Advice and Consent of the Lords Spiritual and Temporal, and
CSomasons^ in this present Parliament assembled, and by the Aatho-
rity of the same, as follows :

L This Act maybe cited for all Purposes as ''Tbe Militia Short Tide.
{SeoUand) Ae^ 1854.''

Appamtment of UeutenanU, Deputy Lieutenants^ and Officers,

IL In regard to the Appointment of Lieutenants and other Her Majesty to
Ofiieefft for the Purposes of Ihe Militia in Scotiatu^ the saaM shall appointlaen-
be regulated as follows : It shall be kwf ul for Iler Majesty fn>]n ^'^^ ^
Time to Time te constitute and appoint Lieatenants £br the several ^^^^ ^
Coonties in Scatlandj and the said Lieutenants severally shall Deputi^Tand
fiom Time to Time constitute and appoint soeh Persons as thej Officers of Mili-
ahall think it, being qualified as herein-after directed, and living tia, and certify
within their respective Counties, to be their Deputy Lieutenants ^*^ ^1.
(the Names (^ such Persons having been first prasented to and ^^^
approved by Her Majesty); and the said Lieutenants shall, in
manner herein-after mentioned, also appoint such Colonels, Lieu-
tenant Colonds, MsiwB, and other Officers to be hereafter made
lor the Militia of such County as may be authorized^ and being
qualified as herein-after directed*

UL It shall be lawful for the Lieutenant of any County to Vice-Liea-
CMntitate and appoint any One of the Deputy Lieuienante of soeh tenant, ■arts
County to be Vioe-Lieotenant t^reof ; and it shall be lawful for ™*"^^^^
SHch Vice-Lieatenant, in any Case df the Illness or necessary T"riitfiaan^
Aheeaoe fixMn such County of such Lieutenanl^ aad being in the ^^^J^tI^
Case of such Absence aotborized for that Purpose by the Lieute* Conmum^/
nan^ togrant C<Mnmissions to Officers to s^re in the Militia of such and act as
County, in like Manner as die Lieutenant thereof and to do all Lieutenant
Aets which might lawfully be done by the Lieutenant^ a>^ the
same shall be good and valid in Law as if done by or to the lien-
tenant htmselt

IV. When the lieutenant of any County shaU be out of the Three Deputy
Ki^dom of Creemt Briteum^ or when there shaU be no lienteMsty Lieutenants
it shall be lawful for Her Majesty to aatheriae «iy Throe Deputy ^^^^^^
lieateDAats of such County to grant Commisaions to (Mioers to ^^u^^!^
sorve in the Militia for such County, in such Manner as aueh the Kingdom.
lieutenant coold do, and to do aU other Aets which might lawfully

have been done by the said lieutenaal, and tbe same dull be good
and valid in the Law as if done by or to the said lieuMnant
himself.

V. No Comnussion of any Deputy lieutenant^ nor any Commia- Commissions
sion of any Officer in the Militia to be hencelbrth granted by any ^^J^J^ Tf*
lientenaat, Yice-Lieutenant, or Deputy lieutenants, shall be va- B^^^<^^of

U u 2 cated

660 C.106. 17" & 18" VICTORIA. A.D.1854

the Power of cated by reason of the Reyocation, Expiration, or Disoontinuanoe
tiie Qranlor. of the Commission bj which any such Lieutenant, Yioe-Lieutenant,
or Deputy Lieutenants as aforesaid was or were appointed.

QuaUficatiofu of Deputy Ueuienants and Offieert.
QualificatioDB YL All Persons to be hereafter appointed Deputy Lieutenants
^ ^^^Ijf*^ or Officers of the Militia (except within the City of Edinburgh and
*^^^"^ its Liberties} shall be qualified as follows ; (that is to say,) every
andOffioen^ez- Person so to be appointed a Deputy Lieutenant shall be in posaes-
oept within the sion, either in his own Right or in right of his Wife, of a Beal
CityofEdin- Estate in Property in the United Kingdom of Three hundred
hoi^h. Pounds of Real Rent, or shall be Heir Apparent of some Person

who shall be in possession in like Manner of a like Estate ; and
eyery Person so to be appointed a Colonel shall be in possession
. in like Manner of a like Estate as aforesaid of Six hundred Pounds
Real Rent, or shall be Heir Apparent of some Person who shall
be in possession in like Manner of a like Estate ; and eyery Person
so to be appointed a Lieutenant Colonel shall be in possession in
like Manner of a like Estate as aforesaid of Four hundred Pounds
of Real Rent, or shall be Heir Apparent of some Person who shall
be in possession, in like Manner of a like Estate ; and eyery Person
so to be appointed a Major or a Captain shall be in possession in like
Manner of a like Estate as aforesaid of Three hundred Pounds of
Real Rent, or shall be Heir Apparent of some Person who shall be
in possession in like Manner of a like Estate, or shall be a younger
Son of some Person who shall be or at the Time of his D^th was
in possession in like Manner of a like Estate ; of which said Estates
required as Qualifications for Deputy Lieutenants, Colonels, Lien-
tenant Colonels, Migors, and Captains respectiyely it shaU not be
necessary that any Portion shall be situate or arising within the
respective Counties in which they shaU be appointed to serye, or
within Scotland.
Qpaliflcatiioii* VH. Within the City and County of Edinburgh and Liberties
wiUun the Qitj thereof the Lieutenant of the said City, or where there is no Lieu*
S?e Stye? tenant appointed then the Chief Magistrate thereof, shall appoint
£dinbxu«lw ^^^ Deputy Lieutenants within the said City ; and shall ako ap-
point Ofiicers of the Militia, whose Number and Rank shall be
proportionable to the Number of Militia-men which the said City
shall raise as its Quota towards the Militia of the County to which
the said City may be united for the Purposes aforesaid, and Pro*
yisions made by this Act with respect to the Counties at large and
the Militia thereof shall take place and be in force with respect to
the said City and its Liberties and the Militia thereof; and the
Qualifications of Deputy Lieutenants and Officers of the Militia of
such City and its Liberties shall be as follows : Eyery Deputy Lieu-
tenant shall be in possession, either in his own Right or in right
of his Wife, of a Real Estate in Property within the said City
and Liberties thereof of One hundred Pounds of Real Rent ; and
eyery Lieutenant Colonel shall be in possession in like Manner of
a like Estate as aforesaid of Two hundred Pounds of Real Rent ;
and eyery Major or Captain shall be in possession in like Manner
of a like Estate as aforesaid of One hundred Pounds of Real Rent :
Saying always and reserying to the Royal College of Surgeons in
Edinburgh all Rights, Immunities, Priyileges, and Exemptions of

which

A.Da854. 17 <» & 18» VICTORl-fi, C. 106. 661

which the said College maj have been and still are in the lawful
Possession, and the Benefit of any Act or Acts of Parliament passed
heretofore in their Favour.

YIIL Where it shall appear necessary to any Lieutenant of a TheLieuteiuuit,
County that a Deputy Lieutenant or Deputy Lieutenants should with the Appro*
be resident in any Royal Burgh within the County of which he is J?*?*** of Her
Lieutenant, it shall be lawful for such Lieutenant, with the Ap- ^ ^f|i^^.
probation of Her Mf^jesty, to appoint the Provost of such Burgh y^^ any
for the Time being, or any Persons, not being more than Three, Royal Bor^
resident in such Burgh, who shall be respectively in possession of &c.tobeI>epiity
a Real Estate in Property within such Burgh of One hundred I'ieatenant.
Pounds of Real Rent, to be Deputy Lieutenant 6r Deputy Lieu-
tenants of the Subdivision of such County within which such
Burgh is situated.

LK« For the Purpose of the Qualification of any Deputy Lieu- Qwdificailon of
tenant and of any Officer in the Militia, a clear yearly Income Bep^ ^^-
arising from any Personal Estate within the United Kingdom of **°^,|ri!laftl^
Grtai Britain and Ireland, of or to which Personal Estote and p^c^oEm?.
the yearly Income thereof such Deputy Lieutenant or Officer, or
the Wife of such Deputy Lieutenant or Officer, is possessed or
entitled for his or her own Use and Benefit, shall be deemed

S[uivalent to an Estate in Lands or other Heritage within the
nited Kingdom, or, in the Case of the City of Edinburgh^ or
Burghs within the City or Burgh respectively, of the same Amount
of RhJ Rent, and such yearly Income from Personal Estate shall
be admitted in whole or in part of any such Qualification accord-
inghr.

A. Officers of the Regular Army, the Marines, or Ea^ India Perwns holding
Company's Service, who have served Five Years in the Regular ^J^^™^
Army or Ea$i India Company's Service, shall be admissible as J^^^ j^
Captains into the Militia Force without any Qualification; and c^een, though
any Person holding or having held the Rank of Major or any not poasefsed of
lugher Rank in any of the said Forces may, without any such Pro^y Qnsli-
Qualification, be appointed a Lieutenant Colonel or Colonel of the fi<»tion8.
Militia ; and any Person who shall have been qualified to receive
and shall have received a Commission of Major or Lieutenant
Colonel in the Militia shall be qualified to receive and hold a Com*
mission of higher Rank in the Militia.

XJ. No Property or other Qualification shall be required in the No Qnalifica-
Case of Persons to be appointed Officers in the Militia, save as tion ^^9^^
respecto Apt>ointments to the Rank of Captain or any higher qJJJJj^*"* ^
Bank. *^^

General Meetings of Lieutenancy.
Xn. No General Meeting of Lieutenancy shall be held in any General Meet-
County under the Powers of the Militia Acts, except when called ings of Lien-
under the Authority of One of Her Majesty's Principal Secreta- tenwicy.
ries of State.

Mode of Appointment and Bank of Officers.
XIIL It shall be kwful for One of Her Majesty's Principal Secretary of
Secretaries of Stote from Time to Time to make Regulations limit- State may make
ing the Ages at which Persons may be appointed Officers of the ^ SwiXmt
several Ranks in the Militia, and for securing the Appointment of of Offiocfs.

U u 3 Persons

C.10«.

17* & IS" VICTORIA.

A.IX1854.

"EvtldBg Off-
cenwhovre
cpUBifiCQ tor
Serrieemaj

Officers not so
coatiinMdskyai
relMi their

Rank of Officers
accepting Com-
missions in
other Regi-
ments.

Officers slisH
oe appoiBTed*

As to a County
not famishing
sofficient Men
fbr a Company.

Where Com-
mandant shall
be Jihsent from
Great Britain,
Her Majesty
niMT direct the
Officer next in
Command to
actfbrhim,i?ho
shall be Tested
with the same
Powen till the
Commandant
Shan return, and

Persons as tuA Officers wbo are qualified to discharge theDnties
of OAeen 9i their respectire Banks, and also for Uiat Pnpose to
prescribe by such Regulations anj ConditioiM, as to Drill, Trabir
ing, and Exercise, or otherwise, under or snbjeet to which any
sueh Appontment shall he nade.

XIY. All OtRoers now holding ComaDissions in the Regnkr
Militia maj, subject to sacb Regnlations as naj hereafter be made
by the Secretary of State, eon^ne to hold snch CommisfioQs id
the Militia to be raised under this Act, and to rank in the Militu
Service according to the Dates of the Conunissions bow held hj
them lespectiyely ; and all Officers now holding sach Coamisaoai
as aforesaid who shall not be so continued uiHler this Act shafl,
notwithstanding, continne to hold their present Titles and liUiib
as Officers of Uie Militia; and nothing herein contained iUI
extend to deprive such Officers not so continned of any Albwances
to which th^ may now be entitled in Tespect of having held Con-
missioae in the Militia when the same was last disembodied, or
otherwise in respect of past Serriecs, or to affiect the Frovisioos
authcnzing the Grant of any retired or other Allowances to sock
Officers in respect of having held Cooimissiona or of past Serrioes
as aforesaid.

XY. Every Officer of any Militia Regiment or Battafioo wbo
may have accepted or shall accept a Commiasion or AppointaeDt
of the same Rank in any other Militia Regiment or Battafion,
and shaH thereby vacate his former Commission, shall continae tt
Tank m the general Service according to the Date of his Oonans-
sion or Appointment of the same Rank in the Militia so vacated
as aforesaid.

XYT. The different Held Officers cammaading Battalioas MSi
be appointed as follows : Where Two or more Coanties are joiaed
together to form a Battalion, the Lieutenant Colonel iUl be
appointed by the Lieutenant of the County famishiiig the grestest
Number of Private Men, and the Major shall be appointed fay the
Lieutenant of the County furnishing the next greatest Number;
and where One County of itself forms One Battalion, then ibe
Lieutenant Colonel and Major shall be appointed by the lieatexnat
of the County forming such Battalion: Provided always, that when
the Appointment of a Colonel shall be authorized, such Appoint-
ment shall be made by the Lieutenant entitled to appoint the
Lieutenant Colonel: IVovided further, that where any Coantj
does not fumi^ Men sufficient to form a Compatfy, the lien*
tenant of such County shall not appoint any of the Field OiBcers.

XVIL When any Colonel or other Commandant of any Regi-
ment or Battalion of Militia shall bo absent from Crreai Britain,
and until he shall return to Great Briiam^ and i^all have notified
his Arrival to the Clerk of the General Meeting of Lientenaacj
of the District to which such Regiment or Battidion shall bdoo^
and to the Commanding Officer and Adjutant thereof, it shall be
lawful for Her Msyesty, by Warrant under Her Sign Manual, to
direct and order that the Officer next in Command, who shall be
residing in Great Britain, shall in all Cases act and serve as the
Commandant of such Regiment or Battalion; and such Officff
shall thereupon exercise all Powers and Rights and perforin m
Duties which might or ought to be performed or exercised by soch

Oolooel

A.D.1854. 17'' & 18« VICTORIiE. C 106. 663

Colonel or otber Commandant as aforesaid, as fullj and to the same notify his
Effect as he might have done if resident, and shall be subject to -^"i^al*
the same Responsibilitj in so acting as snch Colonel or other Com-
mandant would have been : Prorided always, that such Officer so Orden given
next in Command as aforesaid who shall assume the Powers so ^J ^® Com-

gtren to him as aforesaid, in consequence of the Absence from SH'nSIhwSf'
Great Britain of his Colonel or other Commandant, shall within AceoirtM2«te'
Seven Dajs after he shall assume any such Powers notify the sballWooo^
Absence from Great Britain of such Colonel or other Commandant pleled.
to the LicQtenant of the County, and also, when the Regiment or
BattaKon shall be in actual Siervice, to the Secretary-at-War ;
provided also, that any Order, for Clothing or other Necessaries,
or for Accoutrements, being given by proper Authority at the
Time for the Use of the Regiment or Battalion, shall be completed,
and the Money to be issued in respect thereof shall be paid to the
Order of the Officer who gave the same, notwithstanding the Ab-
sence- or Return of the Colonel or other Commandant as aforesaid.

XYIIL The Captains and Subalterns of Companies shall be How the Gap-
appointed as follows : Where the Men furnished by Three or more tains and Sub-
Counties only form One Company, the Lieutenant of the County alterns ghall be
famishing the greatest fractional Part of a Company shall appoint *PP®™*®**
the Captain, the Lieutenant of the County furnishing the next
greatest fractional Part of a Company shall appoint the Lieu-
tenant, and the Lieutenant of the County furnishing the next
greatest fractional Part of a Company shall appoint the Ensign ;
and where the Men furnished by Two Counties only form One
Company, the Lieutenant of the County furnishing the largest
fractional Part of such Company shall appoint the Captain, and
the Lieutenant of the other County shall appoint the Lieutenant
and Ensign ; and where any County shall furnish Men sufficient
for One or more complete Company or Companies, the Captains,
Lieutenants, and Ensigns of such Company or Companies shall be
appointed by the Lieutenant of such County.

XIX. If Her Majesty shall at any Time direct that any Pro- HerM^city
portion of the said MiUtia shall be trained and exercised to the "•ydiw^&a-
Sen'ice of anv Artillery that may be attached to any Regiment offiow^Jbe
or Battalion of Militia, it shall be lawful for Her Majesty to direct appointed to
that a Supernumerary Officer or Officers of the said Regiment or Men trained for
Battalion of such Rank as Her Miyesty shall order, and being Artillery,
duly qualified as aforesaid, shall be appointed to and for the said

.Men so directed to be trained and exercised as aforesaid.

XX. It shall be lawful for the Lieutenant of the County, who The lieutenant
is authorized by this Act to name the Lieutenant Colonel of any •"*'*^'f** *Jl
Regiment or Battalion of Militia, with the Approbation of Her ^^^ ^^'
Majesty, to appoint One fit and proper Person, who shall possess ^^^ Aimroha-

a Diploma, Certificate, or Qualification which is held to qualify tionofHerHa-
snch Person to act as Surgeon or Assistant Surgeon in the Army, jeaty, appoint a
to bo Surgeon of such Regiment or Battalion; and every such Surgeon.
Appointment shall recite the Diploma or Certificate of the Person
80 appointed, and an attested Copy thereof shall be transmitted to
and deposited with the Clerk of the General Meetings of Lieu-
tenancy ; and every such Surgeon so appointed as aforesaid shall,
during the Time of the Militia to which ho shall belong being
embodied, be subject to the like Rules, Restnctions, and Direc-

U u 4 tions

664 . C. 106. 17» & 18- VICTORUB. A.Da854.

lions in everj respect fts a Surgeon of Infantry in Her Majesty's
other Forces, as far as the same may be applicable ; and no sodi
Surgeon shall be capable of holding any other Commission in
such Militia during the Time of his being such Suingeon as afore-
said.
Her Mijcsty to XXI. Her Mtgesty may and shall appoint One proper PeraoD,
appoint A4]n- ^ho shall have served in some of Her Mi\jesty*s other Foroes, or
A^ w iSi- ^° *^® Militia of England or of Scotland, while embodied, for the
^^Yun shall' Term of Five Years at the least, to be an Adjutant to each Regi-
preserve their ment or Battalion of Militia ; and such Adjutiani, if appointed oat
Bank in the of Her Majesty's other Forces, shall, during his Service in the
Army, and may Militia, preserve his Rank in the Army in the same Manner as if
Ae"i!2fk^*^ he had continued in that Service; and it shaU be lawful for the
Captain. ^ Lieutenant of any County, on the Recommendation of the Colonel
or other Commandant of any Regiment or Battalion of Militia, to
appoint the Adjutant of such Regiment or Battalion to serve with
the Rank of Captain^ although such Adjutant may not have the
Qualification required by this Act for Captains: Provided alws}^
that no such Appointment to the Rank of Captain shall be vahd
unless in the Instrument granting the same it be specified in whit
Re^ment or Battalion of the Militia while embodied, or of Her
Majesty's other Forces, such Adjutant hath served f<Mr the Period
aforesaid, and what was or were the Date or Dates of his Com*
mission or Commissions: Provided also, that no Adjutant so ap-
pointed to serve with the Rank of Captain shall, bv virtue of the
Date of such Appointment as aforesaid, or otherwise, be entitled
to rank above or to command any Captain of a Company in the
Militia: Provided further, that no such Adjutant shall, by reason
of any such Appointment as aforesaid, be entitled to receive any
greater or other Pay than that of Adjutant.
Her Majesty to XXU. It shall be lawful for Her Majesty to appoint from Time
appoint Qnur- to Time such* Persons as to Her Majesty may seem proper to be
a^iC^oebto Quartermasters, Paymasters, Sergeant Majors, and Sergeants of
appdnt Corpo- *^® Militia ; and Corporals and Drummers of the Militia shaU be
rala^Dnunmers, appointed by the Colonel or other Commandant of each Regiment
and Dmm or Battalion in such Proportions as Her Mfgesty may direct; and

M^oTs. the Colonel or other Commandant of every Regiment or Battalion

in actual Service may appoint a Drum Major; and all Sergeants,
Corporals, and Drummers, having i*eceived any Pay as such from
any Regiment or Battalion, shall be deemed to be engaged and
compellable to serve in such Regiment or Battalion until they shall
be legally discharged ; and any Sergeant, Corporal, or Drnnuner
While Militia 18 may be discharged by the Colonel or other Commandant: Pro-
embodied, Colo- vided always, that while any Regiment, Battalion, or Corps of
ueU to appoint Militia is drawn out and embodied, it shall be kwful for the
bergean 8 ; Colonel or Commanding Ofiicer of such Regiment, Battalion, or
Corps to appoint from Time to Time the Sergeant Major and
Sergeants of such Regiment, Battalion, or Corps, as Occasion may
require, for supplying any Vacancy or Vacancies, or completing
bat'no Publican the full Number of such Sergeants ; provided also, that no Person
shall be a Scr- who shall keep any House of public Entertainment, or who shtU
^^^^^' sell any Ale or Wine, or any Brandy or other Spirituous Liquors^
' by Retail, shall be capable of being appointed or of serving or
receiving Pay as a Sergeant, Corporal, or Drummer in the Mifitii.

XXIIL No

A.D.1854. 17« k 18* YICTORLSl C. 106. 665

XXm. No Adjutant, Pajmaster, or Quartormaster in the No Adjntent,
Militia shall be capable of being appointed Captain of a Company, ^ ^^^^ .
nor shall any Person holding the Commission of Captain of a ^comMm*^
Company be capable of being appointed Adjutant, Paymaster, or ^ '^^'
Qaartermaster of Militia.

XXIV. In case Her Majesty's Lieutenant for any County, or Extra Dnun-
the Colonel or Commandant of any Regiment or Battalion of ™*" "^jS-
Militia shall be desirous of keeping up a greater Number of Drum- ^p^^^^^j^
mers than is herein directed to be employed as Fifers or Musicians ^^ Expa^ of
for the Use of any such Regiment or Battalion, and shall be wil- the Raiment
ling to defray the Expense of such additional Drummers, it shall

and may be lawful for such Lieutenant or Colonel or other Com-
mandant to engage and retain in their respective Regiments or
Battalions any Number of the Drummers employed or to be
employed over and above the Number established by this Act, to
act as Fifers or Musicians in their respective Regiments or Bat-
talions ; and all such Drummers so engaged or retained to serve
in any such Regiment or Battalion as Fifers or Musicians shall
be deemed as Drummers of Militia within the Meaning of this
Act, to all Intents and Purposes whatsoever, and shall 1^ subject
to the same Orders, Regulations, Penalties, and Punishments as
other Drummers of Militia are by this Act subject, and shall con-
tinne to serve as Drummers so loi^ as they shall receive from the
Lientenant of the County or Colonel or Commandant by whom
they were appointed the same Pay and Clothing as other Drum-
mers have, or better Clothing in lieu thereof, and no longer.

XXV. All Persons, on their first entering the Militia, whether Oath tobe taken
as Sergeants, Corporals, Drummers, or Private Militia Men, shall, by Personfl en-
on their so entering the Militia, and previous to their being en- tering Militia,
rolled therein, take the following Oath ; (that is to say,)

' I A.B. do solemnly promise and swear. That I will be faithful
' to Her Majesty Queen Victoria, Her Heirs and Successors,
' and that I will faithfully serve in the Militia in any Part of
< Great Britain or Ireland, for the Defence of the same, until I
* shall be discharged.'

And it shall be lawful for any One Deputy Lieutenant or Justice
of the Peace or Commissioned Officer of the Regiment to ad-
minister the said Oath.

Raising cf Men for the MiUHa,

XXVI. And in regard to the raising of Men for the Militia, it Kmnber of
shall be lawful for Her Majesty, by and with the Advice of Her Militia to be
Privy Council, to raise and from Time to Time to keep up any "i»ed-
Nnmber not exceeding Ten thousand Private Militia-men, to

serve for the several Counties in Scotland,

XXVII. It shall be lawful for Her Majesty, with the Advice QaotasofCoun-
of Her Privy Council, forthwith after the passmg of this Act, and ties to be fixed
afterwards from Time to Time \% Occasion may appear to Her ^^^^' *"
Migesty to require, to ascertain and fix the Number of Militia ^-"^^^^^ *
Men who shall serve for each County, and the Numbers so fixed

as aforesaid shall be transmitted to tiie respective Lieutenants of
the said Counties from Time to Time, and Notice of the same
shall be published in the ^Edndmrgh Crazettey** and the Numbers
80 from Time to Time appointed by Her Mii^esty shall bo the

• Quotas

M6

aiM.

17* & 18" WCTORI JS.

A.D.1854.

nsy direct mto

mentSy &c Mi-
IhiarsbaH be
lonned, &nd
wi& wlmt OA-
cenund Stilt

Ifilitia Men to
be raised by to-
lontary Eulist-
ment

wbcK Nimber
not raised bj
Enlistment in
any County.

Quotas of Hie sevend ConnCies and Haees until oihcr Qvotaa are
af^KHiited in Itke Manner.

XXVIIL It shall be lawful for H^ Majesty, bj Order signified
bj One of Her Rrmeipai Seeretaries of State, fnm Thne to Time
to direct the Lieutenants to form the Militia of their aereral
Counties into such Companies, RegtmeiHs, Battalions, or Corps as
to Her Majestj mnf seem fit, and to direct what Number ai
Officers and of what respective Banks, shall be appointed tbereto,
and what shall constitute the Staff thereof? and where the Nnm-
ber of Militia Men required to be raised for any County appears
to Her Majestj insufficient to be convenieatlj formed into a sepa-
rate Regiment, Battalion, or Corps, to direct the Militia of sodi
Ccuntj to be united with the Militia of anj County or Comities
adjoining.

KXIX. For the Purpose of nusing the Number of Men required
to be raised under this Act, the Lieutenants of the several Coun-
ties shall, in the Year One thousand eight hundred and fUkj-ionr,
as soon as conveniently may be after the passing of this Act» and
in the Year One thousand eight hundred and fifty-fire at audi
Time as Her Majesty shall, by Order made with the Advice of
Her Privy Council, appoint for that Purpose, direct the Colonels
or Commanding Officers of the Regiments, Battalions, or Corps of
Militia of their respective Counties, without Delay, to proceed to
raise and enrol Volunteers to serve for the Term of Five Years
in the Militia of such Counties or Places, not exceeding the Num-
bers of Men authorized by Order in Council to be therein raised
for the Time being, and such Colonels or Commanding Officers,
and the Commissioned and Non-commissioned Officers of the
Militia duly authorised by sudi Colonels or Commanding Officers,
shall forthwith proceed to raise^ by Beat of Drum or otherwise,
such Yolnnteers, being resident in the County in which soeh Men
ate directed to be raised, or in any County immediately adjoining
thereto, and being able-bodied Men between such Ages aad of
such Height as shall be from Time to Tiaie fixed by Hegulations
made by Her Majesty's Secretary-at-War as herein provided, and
for suck Bounties or other Payments as shall be from Tiae to
Time authorized by such Regulations; and the Depaty Liea-
tenants of Counties shall severally aid tlie Colonels or Conunand-
ing Officers of the Regiments, Battalions, or Corps of Militia of
their respective Counties in riusing and enrolling Volunteers for
such Militia in the several Flarishes wh«« such Deputy I^u-
tenaats may be resident, and otherwise as the Lieutenants of such
Counties may from Time to Time direct^ but no General or Sab-
division Meeting shall be hcMen for that Purpose unless sach
Meeting be convened pursuant to any special Order made by One
of Her Majesty's Principal Secretaries of State.

XXX. Provided always. That where the Number of Men for
the Time being required to be raised under this Act for any
County has not been raised by voluntary Enlistment, it shdl be
lawful for Her Majesty, if it appear to Her advisable so to de^ by
Order signed by One of Her Principid Secretaries of Stat^ to
authorize and direct all or any Part of such Number of Men as
shall be deficient to be raised by .voluntary Enlistment in any
County in which the full Quota may have been raised and k^»l op.

XXXL The

A.D.1854. 17* ft 18* VICTORIA. C. 106. W!

XXXI. The Cekmels or OonnmndrBg Offleers of the B^egi- Volunteen to
ments, BAttmlioD9, or Corps of MilrtHi shall from Time to Time, be raised for
and so long before the £xpir«tion of the respectire Terms of p£«»«f Mm
Service of the MiHtm Men helonging to their respective Regi- whoaeTuaek
ments, BstUiTions, or C^orps as shali be directed bj Regulations to alwot toexgpiK»
be made hj the Seeretary-at-War, raise and enrol or caose to be and for snpply-
iraised and enrolled Vokinteers to swpply the Places of soch Militia- ing Vacaades
men ; smd such Colonels or Comraandmg Officers shall from Time ^^ ^^^'°* *®'
to Use, subject to anj Regulations to be so made, raise and enrol

er cause to be raised and enrolled YolunteerB lor snppljiBg casual
Vacaticies hj reason of Mnitia.men djing before the Expiration
of their Term of Serrice, or being promoted to be Non-conmiis-
sioned Ofllcers or Drammers (except where they are so promoted
in the Room of Non-commissioned Officers or Drummers reduced
to the Ranks), or b^ng discharged as nnfit ^ Serrice, or in pur-
suance of the Sentence of a Court-martial, or having deserted, and
the Deputj Lieutenants of each County shall give Assistance as
tiforesaid in raising such Volunteers.

XXXII. Every Volunteer so raised as aforesaid shall, when he Volonteers to
}n» been examined and approved according to such Regulations ^ sworn and
as liiafi be made by the Secretary-at-War, and shall have taken «»«>l>«d.
the Oath hereift-before directed to be taken, be enrolled in a Roll

to be prepared and kept by or under the Direction of the Colonel
or Commanding Officer, to serve in the Militia for the County or
Fhice for which he is raised, as a Militia-man, for the Space of
Five Years.

XXXIII. It shall be lawful for Her Majesty's Sccretary-at- War Secretary-at-
from Time to Time to make Regulations as to the Amount of the War may make
Sums to be paid to Volunteers under this Act by way of Bounty ^StiS!*!!id
or periodical Payment or Allowance in consideration of their en- ^ J^ Mght,
listing in the Militia (such Bounty in no Case to exceed Six &cofMen.
Pomids, and ench periodical Payment or Allowance in no Case to

exceed after the Rate of Two Shillings per Month during the
Term of Service for which the Volunteer is enrolled), and as to
tbe Time or respective Times, Conditions, and Manner of the
Payment thereof, and as to the Ages between which Men may be
received as such Volunteers, and as to tlie Height and for the
examination and Approval by Medical Men of all Men to be raised
for the Militia under this Act, and as to nil other Matters which,
under the Provisions herein contained, are made subject to Regu-
lations to be made by such Secretary -at- War.

XXXIV. AH Regulations made under this Act shall be laid Regulations to
before both Houses of Parliament within Twenty-one Days next ^ ^^'^
after the making thereof, if Parliament be then sitting, or if Par- ^ ***
liament be not then sitting then within Twenty-one Days after

the next Meeting of Pl^rliament.

RegulatUm»for keepmg ofArmM and Siore$.

XXXV. And IB regard to the keepng of Arms and Stores, the Amm^ftctobe
Arms, AeooBtremeats, CloUring, and other Stores b^onging to ^*^.*'Ji^f*
every Regiment, Baltalios, or Corps of Militia, when not em- J^^l^dam,
bodied, shall be kept in such convenient Place as Ihe Colond or to be under the
Commandant shall direct, with the Approbation of the Lieutenant Care of the

of the Comty; and ^e Qoartermaster to siidi R<^Bien.t, Bat- Quartermaster.

talion,

(

668 a 106. 17' & 18« VICTORLSL A.D.1854,

talioD, or Corps of Militia shall have the Charge and Care of such
Arms, Accoutrements, Clothing, and other Stores, under the
Superintendence of the Colonel or other Commandant.
Flaoefor MOi- XXXVI. If such fit and convenient Place haa not been pro-
**• StofdbjjMe yided, or is or may become from anj Cause insecure, insnfficienti
tobeproTMed. ^^ ^^^^ ^^^ ^^ ^f^ Custody of such Anns> AcoootremcntB,
Clothing, or other Stores, or in case the Public Service or Con-
venience require the Site of the same to be changed, the Commis-
sioners of Supplj of the County within which such Arms ind
Stores shall be directed to be kept, at the First General Meedng
which shall be held after the Representation of the Lieutenant
of such County, and of the Colonel or Commandant of such Regi-
ment, Battalion, or Corps, that no such Place has been proyided,
or that the Place provided is insecure, insufBcient^ or unfit, or in
case the Public Service or Convenience require Uie Site of the
same to be changed, being duly satisfied thereof, may and are
hereby required to provide a secure and suitable Place for that
Purpose^ and to that end may, in their Discretion, from Time to
Time resolve either to purchase or hire any suitable Buildings or
Premises, and, if necessary, to enlarge, alter, or improve the same,
or from Time to Time to enlarge, alter, or repair any Buildings or
Premises already purchased or hired, or to purchase or take on
Lease for any Term not less than Sixty Years any Portion of Land
for the Purpose of building and to build or rebuild thereapcm
secure and suitable Buildings and Premises for the Purpose afore-
said; and with reference to any such Purchase as is hereby autho-
rized, the Clauses and Provisions of the ** Lands Clauses Con-
solidation {Scotland) Ac<^ 1845," with respect to the Purchase of
Lands by Agreement, shall be incorporated with this Act ; and
the Words '* Promoters of the Undertaking " in those Clanaes
~ . shall mean the Persons by this Act authorized to purchase Lanl

and the Word " Undertaking" shall mean the building or rebuild-
ing, enlarging or altering of a Place for Militia Stores : Provided
always, that the Place to be so hired, purchased, built, altered, or
enlarged shall contain an Orderly and Guard Room, and a M^-
zine ; and there shall also be provided a suitable Yard or Place
wherein the Men may be mustered for the Issue and Return of
such Arms, Accoutrements, Clothing, and other Stores : Ftovided
always, that it shall be lawful at any Time for the said Commis-
sioners assembled as aforesaid to provide such Quarters for the
Permanent Staff as may appear to them desirable, together with
Cells and such convenient Premises as may be necessary for the
safe Custody of the Stores ; and no Place provided for the keeping
of Militia Stores under this or any former Act, nor any Buiidiogs
or Premises appurtenant thereto, shall be liable to be valued or
assessed to any County, Burgh, Parochial, or other Local Bates or
Assessments.
Expense of XXXVIL The Sums that may be required for the Hire, Pur^

Storehouse^ chase. Enlargement, Alteration, Building of or Additions to any
to Ns provided ^^^j^ pj^^^ ^^ ^^^^ ^^^ ^^^^ ^y^^ y^ approved by the said Liente-

nant and Colonel or Conmiandant, together with the Cost of Fo^
and other necessary Expenses incidental to the Use and Mainle-
nance of the Premises, shall be certified by the Lieutenant of the
County to the Clerk or Clerks of Supply of each County oontn-

A,D.1854. 17* & 18* VICTORUB, C.106. 669

bating to the Begiment, Battalion, or Corps; and such Certificate
shall be laid by snch Clerk before the First Meeting of the Com-
missioners of Supply which shall thereafter be held in each County,
and such Meeting shall raise the Sum so certified, or, in the Case
of Two or more Counties so contributing, a Proportion of the Sum
so certified corresponding to the Proportion of the Real Bent of
such County to the Beal Bent of the whole of the Counties so con-
tributing, mcluding the Burghs within the same, and that by
Assessment, to be laid on and recovered hj the said Commissioners,
in like Manner and subject to like Provisions as Assessments fi>r
local Prison Purposes are laid on and recovered by the Prison
Board in Counties in Scotland, and the said Commissioners shall for
that Purpose have all the Powers which the Greneral and County
Prison Boards have by Law for the apportioning between the
County and the Burghs within the same, and the raising of such
Assessments, and the borrowing of Money on the Credit thereof,
sultject to the Provisions of this Act : P^vided always, that on
such fitting Place being duly provided, the Parties in whom any
Place formerly used for such Purposes was vested for such Pur-
poses shall sell the same or their Interest therein, and pay over
the Proceeds to the Commissioners of Supply of such County or
Counties in the Proportion of the Sums raised by each, and the
same shall be applied in diminution of any future Assessment on
Beal Bent for Prison Purposes in such Counties.

XXXYIIL It shall be lawful for the Commissioners of Supply CommiMionen
either to raise the whole of the Sums which they may be required "'^y.'^^i®"™*
to raise at anyone Time under this Act, whatever be the Amount A2M«m«m[or
of such Sums, by Assessment at once, or to borrow the whole or ^ t>orTowiiig.
any Part thereof, on the Security of the Assessments, on such
Terms that the whole Sum borrowed shall be paid off by equal
annnid Instalments within Thirty Tears at furthest from the Date
of borrowing, and the necessary Bonds therefore shall be signed by
the Chairman and any Two of the Commissioners present at the
Meeting at which it was resolved so to borrow, and the Creditors
in such Bonds shall have like Powers for enforcing Payment of the
Principal and Interest thereof, as the same shall fall due, as are
given by this Act to the Lord Advocate, on being authorized by
the Secretary-at-War, for enforcing the raising of Assessments.

XXXIX. In the Case of Burghs contributing to the Assess- Apportioiunent
ment for Prison Purposes separately from the Landward Part of ®f '^"^f'®'**
the County in which they are situated, the Portion of the Assess- ^ Burgbt.
ment to be levied under this Act payable by such Burghs shall
be apportioned by the Commissioners of Supply of such County in
accordance with the Proportion of the Beal Bent of each such
Burgh to the Beal Bent of the whole County ; and in the event of
Dissatisfaction with such Apportionment it shall be lawful for the
I^Iagistrates of such Burgh to apply by summary Petition to the
Sheriff of the County, whose Decision thereon shall be final.

XL. It shall be lawful for Her Majesty's Advocate for Scotland, Queen's Adyo-
on being authorized to that Effect by the Secretary-at-War, to cate mav iwe
exercise, for compelling the raising and Application of Assess- J^^^^
ments under this Act, all the Powers which the General Board of
Prisons in Scotland m&jhy Law exercise for cx>mpe11ing the raising
of Assessments for Prison Purposes.

XLI. All

6J0 a 106. !?• & 18« VICTQRI-K. A.II.1&54.

ConTeyances, XLL JkH C«Bvejsiieeei L^MeSy Bondby CmIi iciii^ BaceipU^ sad
&C. exempt o«inr Deeds aad lafllmiiente made fer titt Bnyoee q£ tmrjing
fW>mDiit7. intoefeettl^iWvMiaaBof iUf JuetsheHteexenfii&wiStea^

Penalty for Ke- XLDL If wj Cleric of Sofiplj ^aU nfese or wUfoMj ncgieci

glectin Clerks ^ n^eive er preseat maj Certifiottfees uidar Omb Aci wlnck fae i»

of Supply. beveifi-^efere «fcUeeted to reoeive «- precm*, Moof^fag to ite

DisectuMiB and trae Meaaiog «f thit Act» evtrf amA Clerk ef

Si^ppiy so e£feadi^ afaell lor every wdi Ofiaace Ibrfek and psf

^ke Sub ef Om hudrad Pevnda.

Regulations Jor Training and Exercise.
Lieatenaots to XTJJI. It shall be l«w£iil for the LicuteamBtd of the eeverel
provide Places Cowtiefi, with ihe A^robatioa of One <»f Her U^iesifa Frisfi^pei
for Exercise. Secretaries of State, to take on Lease or hke, £ar or during eaeh
Terms or Periods as they may think necessary. Pieces of Grenad
convenient for the Traiauig and Exercise of the Milkia of each
Gottntiesy and the Expense therei^ shall be paid by die Seerelazy-
at-War.
Regolationa for XLIV. The Times and Places of Exercise of <hc Milida-uMa
B^^ding Notice to be raised by virtue of this Act shaH be appointed^ witk the
^Fh^^f ^^^^^^^ ^^ ^^ Majesty, by the lieutenant of the Co«b^
^eicise. " furnishing the whole or the .greater Part of the Malitia-men of eadi
Hegiment ; and Notice of such Times aad Places shall be semt hj
Order of the Colonel or other Coamumdant of the B^iment by
Post to the Residences of the several Men as stated in their At-
testations or as subsequenliy notified by them, asd also to the
Parochial Sehoohnastera a^d Inspectors of the Poor witliin the
respective Parishes or other Divisions of the Coaaty or Couaties
contributing Men to such Eegiment ; and such ^chsolmaateos or
Inspectors shall, snl^ect to a Penality of Twenty Pounds «ause
such Notice as a&reaaid to be afixed within Two Days of Se-
cmpt thereof on the Doors of all the Chuncb€» or Chapek within
their respective Parishes or Places, which Notice shall be deemed
a sufficient Notice to every Person enrolled by virtue of liiis Ac^
nota-ithstaadis^ any Omission in the Delivery of written Nolices ;
and all such Militia-^nen shall duly attend at the Time and Plaee
of Exercise acoording to such Notices.
HerMvesty XLY. The Period of Traiaiqg and Exercise shall, save as herein-

???^®^^ aifter provided, be Twenty-one Days in every Year; and Uer
omfOT^lS^ Msjjestymay, if She8eefit,directaUoranyPartoftheliai«iaof
ing more than &°7 County to be called out for Training and Exercise more tihaa
once in a Year, once in every or any Year, and At such Time or Times as Her
Ms^ty may think fit, so as the whole Period of Tl*ainii^ and
Exercise of any Militia-man do not exeeed Twea^-ene Days in
any Year, save as herein^ter provided.
Militia may be XLVL It shall be lawful ibr the Secretary of State at aaj
exercised out of xime to move any fiesgiment of Militia not embedied out of thek
^^^r° '^^^ respective Couaties into any Quuters in any Bart of the
M^cMy mmy United Kingdom duriag the Period of their Traiaii^; and it shall
extend «r«e^ be lawful for Her M^estj, wherc^ with the Advice of Her IMvy
dooe the Period Council, She may see fit so to de^ to extend or leduoe the Period
of Exercise. ^f Training and Exercise of all or any Part of the Militia, bo thai
the whole Period of Training and Exercise in aaj Year ahall aot

exceed

A.DaS64. 17^ & !«• VICTORLS:. C.106. 671

exceed Fifty-six Dsfi aor be less tban Three I>ayB» ami bo fresh
I^otiee aiiali be necessary whese sneb fistonsioD or fieci«ctiQiL is
made dniog the l^iae «f actmi XVaini^g.

i?«$nilbl{biM ybr emhodjfing mUUia.

XLVIL In all Caaes of actual loTasion, er apon inmiBeat In Cases of ac-
Badger tbereof^ and ia all Cases of For^gn War, or of Bebellioa tual Inrasion,
or laaiirrectiaD, it sbaii be lawful for Her Mijesty to order and ^^^^^;^
divect the LsealeDants of the said several Counties, with all eon- may ^^tibe
venient Speed, to draw out and eodbody all the Begimeats or MiUtia to be
Battalwas of Militia within their reqtective Counties bereia-beforo embodied, and
appointed to be raised and trained, or so many of them, or such pot under the
Part or ProfMxrtioa of them or any of them, as Her Majesty shall S*^"™^?q^
in Her Wisdom judge accessary, and ia such Manner as shall be ^I^j^q/'
beat adapted to the Circumstances of the Danger, aad to put the
said Forces under the Command of such General Officers as Her
Majesty shall be pleased to appoint, and to direct the said Forces
to be led by their respective Officers into any Parts of the United
Kingdom.

XLVIII. When the Militia of any Regiment shall be ordered When ICKtia
to be embodied, the Colonel or CommaodaBt of sudi Regiment i> ordered oat,
shall forthwith give Notice to tho Men, in like Manner as is Notice to be
directed in the Case of tho Times of Training and Exerci«*e ; and «*^^*® ^^'
Parochial Schoolmasters or Inspectors of the Poor shall, subject to
like Penalty, affix such Notice in manner directed for such Occa*
sion.

XLIX. If during such Time as any Part of the Militia which While any l^tut
shall have been drawn out and embe£ed for Service shall continue of the Militia
embodied Her Majesty shall deem it expedient that the Militia of "^'^^^wl
any County, or any Part thereof, winch shall not at such Time be ^SjeSaiiw'
aoMtHy embodied for Service, should be drawn out, in order to be otderuy mat
mastered, tnuaed, and exorcised for a limited Tine, instead of embodied to he
beii^ so embodied for Serviee, according to the Provisions of this dnwn out, to
Ael, it Shan be lawful for Her Majesty to direct the Lieutenants or ^ ""f^
Defmty Lieutenants of all or any of the said Counties to cause the ^J^JJ^J^
said Militia net actually embodied, or any Part thereof, to be drawn
oat, in order to be mustered, trained, and exercised, in such Pro-
portion and for siach Time and at such Place or Places as shall be
appointed, with the Approbation of Her Mi^lr, by the Laeate-
nant or I>eputy Lieutenants, in manner as is herem-before direrted
for training ai^ exercising the Disembodied Militia, and the same
shafi be mustered, trained, and exereised accordingiy.

BUUHrng^ ^c. <^ Miliiim nmm.

L. It shall be lawful ^aU Justices of the Peace, and Magis- joaisei, Jte.
trates of Cities, Towns^ aad Places, aad they aad each of them are may Mha^
and is respectively hereby reqiured, to quarter and l^Uet the Offi- ^}|^'^'^^
cen, Noa-comaussioaed Officers, Dramaaers, and Private Men called ma to
servii^ in the Milttia, at the Times when they shall be called oat
to anaaal Exercise, or be embodied ia the saaie Way aad Manner not <
as Her Majesty's Regular Forces are so famished and provided in may order
that Part of Oreai BrUam catted ^Sboiiewd; upon ik^caliea Qnartenforthe
made to aay sach Jastioesof the Peace or M^iatntes by Her ^^n^Ctfl^
Majest/s Lieutenant, or by the Colonel or other Comaumdisig j^d Dnumners.

Officers

annml
cue, n

67S

C.106.

17* & 18» VICTORIA

A.D.1BS4.

Diiectmg how
MiUtia-men
^iliT^g lick on
thel&rchare
to be reUered.

Of&ceTB,&c.
may be tried
by a Court-
martSalfor
Offisnoes com-
mitted;

bat Charges to
be made out
anddellTered
within Six
Months after
tramin^or
being disem-
bodied.

Officer of the Regiment or Battalion of ^Militia so called oat to
exercise or embodied as aforesaid, or of an j Division or Detach*
ment thereof ; and when the Militia is not embodied nor called cot
to exercise as aforesaid, all Justices of the Peace and Magistrates
aforesaid may and they and each of them are and is hereby lespec^
tively required to order and provide convenient Quarters in such
Manner as aforesaid for the Sergeants, Corporals, and Dnumnen
of the Permanent Staff of the Militia ; and all Innkeepers and
others who, according to the Provisions of the Mutiny Act, are
liable in Scotland to have Soldiers billeted upon them, shall in like
Manner be subject to have the Militia Non-conunissioned Officers
and Men in such Cases billeted upon them, and in default of their
providing convenient Lodging as prescribed in the said Act shall
be liable to the Penalties imposed upon Civil Subjects offending
against the Laws relating to Billets prescribed bj t^e said Act

LL In case any Militia-man shall, on his March to the Place
where he shall be ordered to attend for the annual Exercise, he
disabled by Sickness or otherwise, it shall be lawful for any One
Justice of the Peace' of the County where such Man shall then be,
by Warrant in Writing, to order the Inspector of the Poor to grant
him such Relief as such Justice shall think reasonable, and upon
such Warrant being produced to the Secretary-at-War he shall
pay all such Expenses as shall be incurred pursuant to such War-
rant, upon an Account thereof to be certified in Writing by such
Justice of the Peace.

RegtiiaHon of PunishmetU of Militia during Exercise or when
embodied.

Ln. Every Officer, Non-commissioned Officer, Drununer, and
Private of the Militia shall, during the Period of his Raiment
being assembled for Training and Exercise or being embodied, and
if on permanent Pay shall at all Times be subject to anj Act which
shall be in force for punishing Mutiny and Desertion and for the
better Payment of the Army and their Quarters, and to the Articles
of War, and it shall be lawful for the Colonel or other Command-
ant of any Regiment or Battalion of Militia to direct the holding
of Courts-martial, as herein-after directed, for the Trial o( any
Officer, Non-commissioned Ocffier, Drummer, or Private of such
Regiment or Battalion by either a General or Regimental Coorti
martial, for any Offence against the said Act or Articles of Wat
committed during the Time such Person was subject thereto^
although such Time shall then have elapsed, but so that no
Punishment shall extend to the Loss of Life or Limb.

LIII. Provided always. That no such Officer, Non-commissioned
Officer, Drummer, or Private shall be liable to be tried or punished
by Court-martial for any such Offence committed during the Period
of any such Regiment, Battalion, or Corps being assembled for the
Purpose of Training and Exercise or embodied, except for Deser-
tion, unless the Charges against such Officer, Non-commissioned
Officer, Drummer, or Private shall have been made out and de-
livered within Six Months after the Regiment, Battalion, or Corps
shall have been dismissed after training and exercising or dis-
embodied.

LIV. Any

A D.1854. n** & 18** VICTORIA C.106. 673

. LIV. Any Militia Volunteer attached for a Time for the Pur- Volonteers im-
pose of Instruction to any Regiment, Battalion, or Dep6t of Her der Instruction
Majesty's Forces, or Permanent Staff of a Regiment of MiUtia, {SjundwML'^
shall for such Time be deemed to be under the Operation of the tiny Act,
Mutiny Act, and under the Command of the Officer commanding
such Regiment, Battalion, Depdt, or Permanent Staff of a Regi-
ment of Militia.

CofuHtution of Courts-martial,

LV. Whensoever in any of the said Cases it shall be necessary General Courta-
that a General Court-martial should be held for any such Trial, it martial may be
shall be lawful 'for Her Majesty to signify Her Pleasure to such appointed,
and so many Lieutenants of Counties in Scotland as Her Majesty
shall deem necessary, that Officers of their respective Counties will
be required to assemble to form such Court, and every such
Lieutenant shall thereupon give Orders to such Number of Offi-
cers as shall be required, who shall forthwith attend to form such
Court ; and all Officers who shall refuse or neglect to attend any
such Courts-martial shall be liable to be tried by a General Court-
martial, to be assembled according to the Regulations of this Act,
for such Disobedience of Orders; and all Officers attending to Payand AIlow-
foi-m such Courts shall be entitled to Pay during such Attendance, ance to Officers,
and to Two Shillings for every Mile for going to such Court-mar-
tial at the Commencement thereof, and returning after the Con-
clusion of the Proceedings of the Court ; and every General Court-
martial so appointed shall be sworn and held in the same Manner,
and shall have all such and the like Powers and Authorities, and
«hall be of the same Force and Effi?ct, in all respects, whether the
Militia from which the Officers thereof are assembled was then
drawn out and embodied or not.

LVI. For holding a Regimental Court-martial, in any of the Regimental
said Cases for which such Court-martial shall be proper, it shall Courts-martial
be lawful for the Colonel or other Commandant of the Regiment ™*^*^*^
or Battalion, whether it shall then be embodied or not, and in his ^"^
Absence for tho senior Field Officer, to appoint any Place which
he shall tliink proper, within the County, City, or District to
H'liich such Regiment or Battalion shall belong, and to order any
Officers of such Regiment or Battalion to attend and assist as Mem •
bers of such Court-martial, who shall thereupon attend at the Time
required, and assist accordingly, and in default of such Attendance
shall be liable to be tried by a General Court-martial, to bo
assembled pursuant to the Regulations of this Act, for such Dis-
obedience of Orders ; and the Officers who shall be Members of
6uch Court-martial shall be entitled to the same Pay and Allow-
ances as Officers who shall be Members of any General Court-
marrial under the Authority of this Act : Provided always, that
no Officer of any of Her Majesty's other Forces shall sit upon any
Court-inartial for the Trial of any Officer or Soldier of Militia :
Provided further, that no Sentence of any Court-martial held as
aforesaid on any Sergeant Major, Sergeant, Corporal, Drum Major,
or DruDimer, or Private Man as aforesaid, shall be put in exe-
cution until it shall have been confirmed by the Colonel or other

17 & IB Vict. X x Commandant

674

C.106.

17'&18*> VICTORIJB.

A.D.1854.

Kon-commis-
sionedOIBeen
mi^ be reduced
to friTates for
a certain Period,
and if not then
restored they
shall be dis-
charp;ed.

Men not ap-
pearing at the
Time and Place
of Exercise, or
abBentingthem-
selves during
that Time, if not
taken till after-]
-wards, shall for-
feit 10/., &c

Penalties ibr
fraudulent Be-
enlistment

The Justice be-
fore whom a
Militia-man is
conyicted of
Enlistment in

Commandant, or by the Field Officer by wliofle Order such Goort-
martial was assembled*

LVIL Any Sergeant, CorporaJ, or Drummer of the MOitk
may, by Sentence of a Court-martial, be reduced to the Condition
of a Private Militia Man, to serve as such during any Time not
exceeding Fifteen Months, in case the Regiment or Battalion to
which he belongs shall not be then embodied or called out into
actual Service, and in case the Regiment or Battalion to which he
belongs shall be then embodied or called out into actual Service,
to serve as aforesaid until the disembodying of the said Regiment
or Battalion, after which Time, or at the End of the said Fifteen
Months, as the Case may be, if not regularly re-appointed to the
Bank of a Non-commissioned Officer or Drummer, ho shall be did*
charged from the Service.

Punishment of Desertion from Militia, when not embodied.

LVm. Every Militia-man (not labouring under any certified
Iiifimiity or Incapacity) who shall not appear at the Time and
Place appointed for his being exercised according to the Directions
of this Act (Notice having been published and given as by this
Act required), or who, having joined the Regimcnty Battalion, or
Corps to which he belongs, or any Company or Detachment or
Division thereof, shall desert or absent himself during the Time
of any such Exercise, shall be deemed a Deserter, and if not taken
until after the Time of any such Exercise shall, on Conviction
thereof before any One Justice of the Peace, be liable to a Penalty
not exceeding Ten Pounds ; and if such Penalty shall not be im-
mediately paid shall be committed to Prison, with or without Hard
Labour, for any Period not exceeding Three Months, or until he
shall have paid the said Penalty.

LIX. Any Militia Volunteer who, before the Expiration of his
Engagement as a Militia-man in any Regiment, Battalion, or
Corps, enrols or offers to enrol himself in any other Regimen^
Battalion, or Corps of Militia, or in. the same Regiment, Battalion,
or Corps, whether by the same or by different Names (save in the
Way of lawful Renewal of his Engagement), shall, upon a Con*
viction thereof before any One Justice of the Peace, incur a
Penalty not exceeding Ten Pounds, and in default of Payment
shall be committed to Prison for any Time not exceeding Three
Months, and shall also be liable to the Deduction out of the Bounty
which he might otherwise have received in respect of his ori-
ginal Enlistment of a Sum equal to what he may have received
upon his fraudulent Re-enlistment, and of such further Sum as
the Colonel or Commanding Officer of the Regiment, BattaHon,
or Corps in which he may have originally enlisted shall think pro-
per, or as the Secretary-at-War may from Time to Time direct,
not exceeding the Expenses of his Attestation aud Enrolment on
such fraudulent Re-enlistment.

LX. The Justice before whom a Militia Volunteer shall be con*
victed of having enrolled or offered to enrol himself in another
Regiment, Battalion, or Corps of Militia, or more than once in the
same Regiment, Battalion, or Corps of Militia, shall send or canse

to

A.D.1854. 17*^ & 18- VICTORIA C. 106. 675

td be sent to the Secretarj-at-War a Report of sach Conviction, the Regolar
stating the Name of such Volunteer, the Regiment, Battalion^ or Forces, &c to
Corps of Militia to which he belongs, the Offence of which he «nd Report to
has been convicted, and the Sentence or Decision of the Justice o«cpetary-at-
thereon, and, where such Volunteer shall be imprisoned in pur-
suance of such Conviction, the Period when the Imprisonment
will expire ; and for such Report as aforesaid the Clerk of the said
Justice shall be entitled to a Fee of Two Shillings and no more.

LXL It shall be lawful for the Secretary-at-War at any Time Pover to dis-
to discharge any Militia Volunteer for Misconduct, Unfitness, or ^^^^^
other Cause, upon such Conditions as ho may from Time to Time ^^jj^ j^yg '
•direct, and such Volunteer shall have no Claim to future Pay or enlisted in the
Bounty, ot to release from future Attendance in the Militia any Begnlar Forces^
Volunteer who may have fraudulently enlisted into Her Majesty's
Regular Forces or into the Forces of the East India Company, or
who may have fraudulently entered into Her Majesty's Navy, and
who has been sentenced to Imprisonment, or to Forfeiture for a .
Period not exceeding Eighteen Calendar Months of One Penny a
Day from his Pay in such Forces ; and any Man so released shall
serve with the Force in which he may have enlisted or entered im
the United Kingdom or elsewhere, with the like Liabilities in all
respects as any Soldier or Seaman in such respective Force, and
Jiis Place in the Militia shall be supplied in like Manner as if his.
Term of Service as a Militia-man had expired by Efflux of Time.

LXH. Any Bounty which, under the Regulations to be made Withholding
under this Act, may be payable during or in respect of Attendance Payment of
at Training and Exercise, shall be forfeited by any Man who ^^^^y^"*™
wholly absents himself from such Training and Exercise without f^^L a^^"
3Leave lawfully granted, or Sickness certified according to such from Training.
Begnlations ; and any such Bounty which would otherwise be pay-
•able to any Man who partially absents himself as' aforesaid without
such Leave, or Sickness certified as aforesaid, or who misconducts
himself during the Training, shall be wholly withheld, or issued
only in such Manner and in siich Portions as the Secretary-at-War,
tipon the Report of the Commanding Ofiicer, shall determine.

LXIIL If any Drummer or Bugler of the Permanent Staff shall Drummers or
absent himself without Leave for a Period exceeding Five Days, Buglers oflTend-
and shall not account for such Absence to the Satisfaction of his qJ^^ hai«^to
Commanding Officer, and if any Drummer or Bugler of the Per- "be dealt with*
manent Staff shall be guilty of any other Offence which the Com-
manding Officer may not think necessary to bring before a Court-
martial, the Commanding Officer may, in addition to any other
Punishment which he is authorized to award, order that such
Drummer or Bugler be imprisoned for any Period not exceeding
One hundred and sixty-eight Hours, with or without Hard Labour,
or with or without Solitary Confinement, as the said Commanding
Officer may think fit, and such Drummer or Bugler shall forfeit his
Pay for the Day or Days of such Imprisonment ; and any Drummer
or Bugler who shall have absented himself as aforesaid may, in
addition to or instead of such. Imprisonment and Forfeiture or
other Punishment which the Commanding Officer has Authority
to infiict, be further deprived, by Order of his Commanding Offi-

X X 2 cer.

76 C. 106. 17* & 18 • yiCTORI-ZE. A.D.1854.

oer, of his Paj for the Daj or Dajs of such Absence : P^vided
that such Drummer or Bugler so ordered to suffer Imprisonment
or Forfeiture of Pay shall, if he so request, be entitled to be tried
by a Court-mf^rtial for his Offence, instead of submitting to such
imprisonment or Forfeitures.

IncaM of Dis- LXIV. If any Person who shall have served in Hej* Majesty's
charge for Mis- Forces, and shall afterwards have been enrolled as a Non-com-
conduct, Ae missioned Officer on the Permanent Staff of the Militia, shall be
c^UfiedonCer- discharged from any Regiment or Corps for Misconduct, the Cause
tificateof Dis- ^^ ^^B Discharge shall be certified by the Colonel or Commandant
charge. of such Regiments or Corps on the Back of the Certificate of his

Discharge from Her Majesty's Army, and a Copy of the same for-
warded to the Adjutant-General of Her Majesty's Forces, the
Secretary of State for the Home Department, and the Secretary-
at-War.
Provision for LXV. The Commanding Officer of any Regiment, Battalion, or
Apprrfienflion Corps of Militia shall notify to the Secretary-at-War, and to the
notattS^gop Constables or other Officers of the Counties, Parishes, and Places
absenting them- ^^ which Militia-men reside who have not attended Training and
selves during Exercise, or who may have absented themselves during the Time
Training. of Training and Exercise of their respective Regiments, Bat-

talions, or Corps, the Names and Descriptions of all such Volun-
teers who have so absented themselves ; and it shall be lawful for
any Constable or Officer, or for any Officer or Soldier in Her Ma-
jesty's Service or in the Militia, to apprehend or cause any such
Volunteer to be apprehended, and to bring him or cause him to be
brought before any Justice of the Peace at any Time within the
Period of his Engagement in the Militia, to be dealt with as herein-
before mentioned, if the Battalion or Corps to which he belongs
has ceased Training and Exercise, or to be committed to safe Cus-
tody until an Escort can be sent for him if such Regiment, Bat-
talion, or Corps be then out for Training and Exercise ; and such
Justice shall transmit an Account thereof, in the Form prescribed
in the Schedule annexed to this Act, to the Secretary-at-War, and
the Secretary-at-War shall transmit to such Justice an Order for
the Payment to the Person or Persons by whom such Deserter was
apprehended of such Sum not exceeding Twenty Shillings as the
Secretary-at-War may think fit.'

Penalty for in* LXVI. Any Person who, by Words or other Means, shall per-
ducing ^fjlh^*- suade any Militia man improperly to absent himself from his Duty,
^^ ^ly^OT ft°d every Person who shall assist or procure any such Volunteer
harbouiLig, &c. improperly to absent himself as aforesaid, or shall conceal, employ.
Militia-men ab^ or continue to employ any such Volunteer, knowing him to be so
senting them- improperly absent, shall for every such Offence forfeit and pay a
selves. Sum not exceeding Twenty Pounds.

Punishment for Sale^ S^c, of Arms, Sfc.

Muskets to be LXVII. All Muskets delivered for the Service of the Militia
marked, and shall be marked distinctly' in some visible Place with the Letter
Penalty for loH ^yl\ ^^^ ^j^^ Name of the County to which they belong ; and in
ing to mum ' ^*^ ^"7 Militia-man shall sell, pawn, or lose any of his Arms,
Arms in good Clothes, Accoutrements, or Ammunition, or^ neglect refuse to
Order. * retom

A.D.1854, l?'^ & 18* VICTOBIJE. C. 106. 677

retarn the same in good Order to his Captain^ or to the Persoa
appointed to receive the same, every such Militia-man shall, on
Conviction thereof before any Justice of the Peace, for every such
0£fence incur a Penalty not exceeding Three Pounds ; and if such
Militia-man shall not immediately pay such Penalty, shall be com-
mitted to Prison, to be kept to Hard Labour for any Time not
exceeding Three Months, or until he shall have paid the said
Penalty.

LXVIIL If any Person shall knowingly and wilfully buy, take Penalty for
in exchange, conceal, or otherwise receive any Militia Arms, buying Militia
Clothes, or Accoutrements, or any such Articles belonging to any -^"'^ *^
Militia-man as are generally deemed Regimental Necessaries, ac-
cording to the Custom of the Army, being provided for the Sol-
dier, and paid for by Deductions out of his Pay, or any public
Stores or Ammunition whatever delivered for the Militia, upon
any Account or Pretence whatsoever, contrary to the true Intent
and Meaning of this Act, the Person so offending shall for every
such Offence incur a Penalty not exceeding Ten Pounds, and in
default of Payment shall be liable to Imprisonment for any Period
not exceeding Six Months, or until he or she shall have paid the
said Fine.

Miscellaneous Provisions.
LXIX. No Man, by reason of his Enrolment or Service in the Enrolment in
Militia or in the Naval Coast Volunteers, shall lose or forfeit, or be ^^^<^ei^
deemed to have lost or forfeited, any Interest he may possess or ^^y interest
may have possessed at the Time of his so being enrolled or serving, jn any Benefit
in any Friendly or Benefit Society, any Laws, Rules, or Regulations Society.
of such Society to the contrary notwithstanding ; and in case any
Dispute shall arise between any such Society and any such Man
by reason of such Enrolment or Service, it shall be considered as
being a Dispute directed by the Rules of such Society to be de-
cided by Justices of the Peace, pursuant to the Provisions of the
Acts in force relating to Friendly Societies.

LXX. If any Servant whatever, hired by the Year or otherwise. Enrolment of
shall be enrolled as a Militia-man by virtue of this Act, such En- Servants shall
rolment shall not vacate or rescind the Contract or alter the not vacate their
Engagement between such Servant and his Master, Mistress, or ^^"^'jjjjt^^
Employer or Employers, unless the Militia of the County for which unless the Mili-
such Servant shall be enrolled shall be embodied or called out by tia shall he em-
Her Majesty, or be ordered so to be, in pursuance of this Act, or hodied, &c
unless such Person so enrolled shall leave the Service of his
Master, Mistress, or Employer or Employers, for the Purpose of
being trained and exercised for the Period directed by this Act,
and shall not return again to the same Service at the End of such
Period, or as soon after as reasonably may be, allowing to his
Master, Mistress, or Employer or Employers an Abatement from
lus Wages in proportion to the Duration of his Absence from his Sheriff or Two
said Service; and in every such Case, where any Dispute shall Justices may
arise between such Servant and his Master, Mistress, or Employer Jo^^i^^w ^
touching any Suin or Sums of Money due to such Servant for or ,^er2oiundtf
on account of his Service performed before the Time of his De- Small Deht

X X 3 parture Acts.

678

C.106.

17*>&18* VICTORIJE.

AiD.1854:

How Penaldes
shall be reco-
vered, and how
applied, where
not otherwise
directed by this
Act

No Confiction '
8hiaiber»-
moTed oat of
the Cotmty.

Application of
certain Penal- \
ties.

parture from Servioe, under the Conditions of the said Enrdlmeiit;,
or bj being called out to join the Militia in which ho shall hnro '
been so enrolled, or touching anj Abatement to be made by such
Servant by reason of his Absence for the Purpose of being trained
and exercised, it shall be lawful for the Sheriff of the Connty, or
any Two or more Justices of the Peace for the County or Place
where such Master, Mistress, or Employer is resident, to bear and
determine the same in a summary Way where the Wages oc
Balance of Wages claimed shall not exceed Twenty Pounds, in
like Manner as if the Sum claimed were within the Amount to
which their Jurisdiction under the Acts for the Recovery of. Small
Debts respectively for the Time being extends, and to grant War-
rant for the Recovery of the Sum decerned for by Poinding and
Sale in common Form.

Recovery of Penalties^ S^c,

LXXI. All Fines, Penalties, and Forfeitures, by this Act im*
posed, the Manner of Recovery whereof is not by this Act par-.
tieularly provided for, which shall exceed the bum of Twenty
Pounds, shall be recovered by Action at tlie Suit of Her Majesty's
Advocate for Scotland in the Court of Exchequer in ScaUanid;
and all Fines, Penalties, and Forfeitures by this Act imposed, the
Manner of Recovery whereof is not by this Act particularly pro-
vided for, which shall not exceed the Sum of Twenty Pounds,
shall, on Conviction of the Offence in any Action or Complaint at
the Instance of the Procurator Fiscal of the County where the
Offence shall be committed, or where the Offender may at any
Time be, or at the Instance of any Party to whom the same or
Part thereof is made payable, or the Performance of whose Duty
under this Act may require the Enforcement of the Provisions in
respect of the Breach of which such Penalty is imposed, with
Concurrence of the Procurator Fiscal, before the Sheriff or any
Two or more Justices of the Peace of such County, be levied by,
Poinding and Sale of the Offender's Groods and Effects, by War*
rant under the Hands of such Sheriff or Justices, or by Imprison-
ment for any Time not exceeding Three Months.

LXXIL No Conviction or Decree by the Sheriff or by any
Justice or Justices of the Peace, by virtue of this Act, shall be
removable by Advocation or Suspension, or any other Process ta
any other Court, or be subject to any Sist of Execution.

LXXnL One Half of every pecuniary Penalty or Forfeituio
imposed upon any Person duly convicted of buying, taking in ex-
change, concealing, or otherwise receiving, contrary to Law, any
Militia Arms, Clothes, Accoutrements,, or Regimental Necessaries
belonging to any Militia^man, or any public Stores or Ammunition
for the Service of the Militia, and every pecuniary Penalty or For-
feiture imposed upon any Person assisting, procuring, or persuad-
ing any Militia Volunteer improperly to absent himsdf from his
Duty, or concealing, employing, or continuing to employ any sack.
Volunteer, knowing him to be so improperly absent, shall go to
the Person who shall inform or sue for the same, and the other
Half, or where the Offence shall be proved by the Person who

shaU

A.D.1854.' ir^ & 18« VICTORLffi. : C. 106. 679

shall inform, then th^ whole of the Penalty «hall be paid over and
applied in such' Manner as the Secretary-at-War shall direct ; and
ererj Jnstice who shall adjudge anj such Penalty or Forfeiture
shall, within Four Days at the furthest, report the same, and his
Acliudication thereof to the Secretary-at-War«

LXXIV. All Penalties imposed by this Act upon Militia Men AppUcation of
(except the Deductions from Bounty, which shall be brought to SSJ^^ ^^
Public Credit,) shall be paid to the Commanding Officers of the °^^°*

respective Regiments, Battalions, or other Bodies of Militia of the
respective Counties, Ridings, or Places to which the Volunteer
belongs, and shall be made and accounted for as Part of the Public
Stock of such Regiment, Battalion, or otheV Body of Militia
respectively.

LXXV. In all Cases in the Execution of this Act when any Jnatices may
Matter or Thing is directed to be inquired of or examined into ?'"^*^"J5™P^
before any Justice or Justices of the Peace, any such Justice or oTWitoMS^**
Justices of the Peace is and are hereby authorized to grant War-
rant for the Citation of Witnesses, and to administer Oaths to
Witnesses, with the same Powers as Justices of the Peace have
under the Acts for the Recovery of Small Debts.

LXXVI. The Provisions of any Acts passed for the rendering ProTiriona of
Justices of the Peace more safe in the Execution of their Office, 1^^^^^^
And for indemnifying Constables and others acting in obedience QoQQty xiea-
to their Warrants, shall extend to all Her Majesty's Lieutenants tenantaandDe-
and to all Deputy Lieutenants acting in the Execution of this Act, patiea.
in like Manner and as fully and effectually as the same extend to
Justices of the Peace acting in the Execution of their Office.

LXXYIL If any Action shall be brought against any Person Linutation of
or Persons for anything done in pursuance of this Act^ such Actiona.
Action shall be commenced within Six Months next after the Fact
<;ommittedy and not afterwards ; and if the Defender or Defenders Treble Ex-
^hall be assoilzied in any such Action, the Defender or Defenders peneea.
shall have Decree for Three Times his Expenses in such Action,
and have the like Remedy for the same as any Defender hath in
other Cases to recover Expenses by the Law of Scotland,

X z 4 SCHE

680

a 106,

17« & 18^ VICTORIiE.

A.D.1854.

SCHEDULE referred to in this Act.
SCHEDULE A.

Descriptive Retorn of
at on the

from the Training of the

committed to Confinement
Day of as an Absentee

Regiment of Militia^

Age

Heii^ht

■{

Feet.

Inches.

Complexion

Hair

Eyes

Marks

-{

Probable Date of Enrolment, and J
where , - - - - "l

Probable Date of absenting himself,/
and from what Place - -i

Name. Occupation and Address of the f
Person by whom apprehended* -i

Particulars in the Evidence on which
the Prisoner is committed ; and
showing whether he surrendered or
was apprehended, and in what
Manner, and upon what Grounds,
and whether committed for safe Cus-
tody only, or as a Deserter under
this Act, and if 60,for what Period.

• It i* important for ttte Public Service* and for the Interest of the Prisoner, ibat chit Part of the
Return should be accurately filled up, aitd the Details should be Inserted by the Magistrate In hts
oxfti Uandwnting, or, under his Direction, by bis Clerk.

I do hereby certify, that the Prisoner
has been duly examined before me as to
the Circumstances herein stated, and has
declared in my Presence that hef
absent himself from the before-mentioned
Corps.

— Signature and Address

of Magistrate*
— — Signature of Prisoner,

Signature of Informant,

t Insert «' Old ** or.** did not," as the Case may be.

I certify that I have inspected the
Prisoner, and consider him \
for Military Service.

Signature of jl//-

litary Medical Officer^ or of
II Private Medical i-Sxicfif tower.

t Insert **flt" or *• unfit." as the Cx$e msj
be ; and if unfit, state the Cause of UnStne«a.

il No Fee uUl be allowed to a PHrate Medi.
cal Practiiloner, where a MiliUry JfediraJ
Officer is stationed, unless it b shown that bis
Serrices were not available.

CAP.

A.D.1864. 17° & 18** VICTORIJEL C. 107. 681

CAR CVII.

An Act to amend the Laws relating to the Militia, and for
raising a Volunteer Militia Force, in Ireland.

[11th August 1854.]

* VVTHEREAS it is expedient to amend the Laws relating to

* ^ ^ the Militia in Ireland, and to make Provision for raising

* a Militia Force in Ireland by Voluntary Enlistment :* Bo it there-
fore enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, as follows:

I. It shall be lawful for the Lord Lieutenant of Ireland, by and Number of
with the Advicje of the Privy Council of Ireland, to raise and ^^li^a to be
from Time to Time to keep up in Ireland any Number not ex- ""*^
cceding Thirty thousand Private Militia-men, to serve for the

several and respective Counties for wliich Begiments or Battalions
of Militia are under the Act of the Forty-ninth Year of King
George the Third, Chapter One hundred and twenty, required to
be raised.

II. It shall be lawful for the said Lord Lieutenant, with the Quotas of
Advice of the said Privy Council, forthwith after the passing of ?^^*|f*JL® ?*
this Act, and afterwards from Time to Time as Occasion may ap- fjf qv^^cQ
pear to him to require, to ascertain and fix the Number ofMilitia-

men who shall, until other Quotas shall be fixed in like Manner,
serve for each County, and the Number so fixed as aforesaid shall
be transmitted to the Lieutenant of such County from Time to
Time, and Notice of the same shall be published in the Dublin
Gazette, and the Number so from Time to Time appointed shall
be the Quota of such County, until some other Quota is appointed
in like Manner.

III. It shall be lawful for the Lord Lieutenant, by Order sig- Lord Lieute-
nified by his Cliief or Under Secretary, from Time to Time to pant may direct
direct the Lieutenants of Counties in Ireland to form the Militia ^entl&c mS-
of their Counties into such Companies, Regiments, Battalions, or ^^ gh^u \^
Corp.s as to the Lord Lieutenant may seem fit, and to direct what formed, and
Number of Oflicers and of what respective Ranks shall be appointed with what OflS-
thereto, and what shall constitute the Staff thereof; and where cersandStaf^
the Number of Militia-men required to be raised for any County

appears to the Lord Lieutenant insufficient to be conveniently
formed into a separate Regiment, Battalion, or Corps, to direct the
Militia of such County to be united with the Militia of any County
adjoining.

IV. It shall be lawful for the Lord Lieutenant from Time to Lord Lieute-
Timc to make Regulations limiting the Ages at which Persons "*»' "»ay °*ake

may be appointed Ofiicers of the several Ranks in the Militia, ^eg^Vi*"*?^
it* '^*. , A .^ . n -n «^rt%to Qualificatioii

and for securing the Appointment of Persons as such Officers for Service of
who arc qualified to discharge the Duties of Officers of their re- Officers,
spective Ranks, and also for that Purpose to prescribe by such
Regulations anj Conditions, as to Drill, Training, and Exercise, or
otherwise, under or subject to which any such Appointment shall
be made.

V. So

683

G107.

17^ & 18* YiCTORLae;

AJ).18S4.

Provisioiis a«
to certain Pro-
pertjQaalifica-
tions repealed.

QuaMcatioa of
Deputy Lieute*
nant. Captain,
or Officer of
higher Bank.

Persons holding
certain Military
Banks may be
appointed Offi*
cera -without
Property Quali-
fication.

Power to Lord
Lieutenant to
appoint Adju-
tants, &C.

Corporals and
Dnxmmers to
he appointed
hy the Colonel

Qualification of
Surgeons in
Militia same as
in the Army.

V. So mucli of any Act now in force as requires Property
Qualifications in the Case of Persons- to be appointed Officers la
the Militia ia- Ireland shall, save as respects Appointments to the
Rank of Captain or any higher Rank, be repeided.

VI. For the Purposes of the Qualification of any Captun or
Officer of higher Rank in the Militia, it shall not be necesssry
that all or any Part of the Estate required to confer such Qnali-
fication be situate in Ireland^ but such Estate maj be situate io
any Part of the United Kingdom, and a clear yearly Income
arising from any Personal Estate within the United Kingdom, d
or to which Personal Estate or the yearly Income thereof soch
Officer is possessed or entitled at Law or in Equity for his own
Use and Benefit, in possession for his own Life, or for the life of
his Wife, or for some greater Estate or Interest, shall be deemed
equivalent to an Estate in Lands of a yearly Value of the same
Amount with such yearly Income, and such yearly Income from
Personal Estate shall be admitted in whole or in part of any soch
Qualification accordingly.

Vn. Any Person holding or having held the Rank of Captain
or any higher Rank in Her Majesty's other Forces, or in the Forces
of the East India Company, may, without any Property Qualifi-
cation, be appointed a Captain or Major of the Militia ; and anj
Person holding or Iiaving held the Rank of Major or any higher
Rank in any of the said Forces may, without any Property QnS'
lification, be appointed a Lieutenant-Colonel or Colonel of the
Militia ; and any Person who shall have been qualified to reeeire
and shall have received a Commission of Major or Lieutenant*
Colonel in the Militia shall be qualified to receive and hold a Com-
mission of higher Rank in the Militia.

VIII. It shall be lawful for the Lord Lieutenant to appoint
from Time to Time such Persons as to him may seem proper to be
Adjutants, Quartermasters, Paymasters, Serjeants Mi^jor, and Ser-
jeants of the Militia ; and the Provisions of the Act of the Fortj*
ninth Year of King George the Third, Chapter One hundred and
Twenty, applicable to Adjutants appointed by the Colonels u
therein provided shall be applicable to Adjutants to be appointed
as aforesaid, and any Person who shall actually have served Three
• Years in the Forces of the East India Company may be appointed
an Adjutant ; and the Corporals and Drummers of each Regimen^
Battalion, or Corps shall be appointed from Time to Time by the
Colonel or Commandant thereof: Provided always, that while any
Regiment, Battalion, or Corps of Militia is drawn out and em-
bodied, it shall be lawful for the Colonel or Commanding Offioer
of such Regiment, Battalion, or Corps to appoint from Time to
Time the Serjeant Major and Serjeants of such R^iment^ Bat-
talion, or Corps, as Occasion may require, for supplying anj
Vacancy or Vacancies, or completing the faU Number oi soch
Serjeants.

iX. Any Person shall be qualified to serve in the Militia s»
Sargeon or Assistant Sui^eon who shall possess a Diploma, Cer-
tificate^ or Qualification-such as shall be hekl io qualify such F^n^
to act as Surgeon or Assistant Sui^geon in the Army, aaything in
the said Act of the Forty-ninth of King Getn^ the TUrd, Chapter
One hundred and twenty, to the contrary notwithstanding.

A.IX18&4. 17« & 18^ VICTORLSL ai07* 68$

X. AU Officers tiow holding Commissions ia the Regular. Militia Existing Offi-
in Ireland may, subject to such Regulations as may hereafter be ^^.^^ J?'®
made hj the Lord Lieutenant, continue to hold such Commissions g^^^j^L
in the Militia to be raised under this Act, and to rank in. the continae.
Militia< Service according to the Dates of the Commissions now

held by them respectively ; and all Officers now holding such Com« ^^^i^^L^''^^
missions as aforesaid who shall not be so continued under this Act ^^^^|eir^
shall notwithstanding continue, to hold their present Titles and Banks.
Ranks as Officers of the Militia ; and nothing herein contained
shall extend to deprive such Officers not so ccmtinued of any
Allowances to which they -may now be entitled in respect of
having held Commissions in .the Militia* when the same was last
disembodied, or. otherwise in respect of past Services, or to affect
the Provisions authorizing the Grant of any retired or other Allow-
ances to such Officers in respect of having held Commissions or
of past Services as aforesaid.

XI. For the Purpose of raising the Number of Men required Militia Men to
io be raised under this Act, the Lieutenants of the said several J^^^*^^?-!?"
Counties shall, in the Year One thousand eight hundred and fifty- J^JJ^ JJinlist-
foar> as soqu as conveniently may be after the passing of this Act,

<and in the Year One thousand eight hundred and fifty-five at such
Time as the Lord Lieutenant shall, by Order made with the Ad-
vice of the Privy Council of Ireland^ appoint for that Purpose,
direct the Colonels or Commanding Officers of the Regiments,
Battalions, or Corps of Militia of their respective Counties, with-
out Delay, to proceed to raise and enrol Volunteers to serve fcMr
the Term of Five Years in the Militia of such Counties, not
-exceeding the Numbers of Men for the Time being authorized to
be therein raised under this Act, and such Colonels or Com-
manding Officers, and the Commissioned and Non-commissioned
Officers of the Militia duly authorized by such Colonels or Com-
manding Officers, shall forthwith proceed to raise such Volunteers,
being resident in the County in which such Men are directed to
be raised, or in any County immediately adjoining thereto, and
being able-bodied Men between such Ages and of such Height
as shall be from Time to Time fixed by Regulations made by
Her Majesty's Secretary-at-War, as herein provided, and for such
Bounties or other Payments as shall be from Time to Time author
rized by such Regulations ; and the Deputy Lieutenants of Coun- Deputy Lieute-
ties shall severally aid the Colonels or Commanding Officers of nants to aid io
the Regiments, Battalions, or Corps of Militia of their respective raising '^lan-
Connties in raising and enrolling Volunteers for such Militia in ]5a?tia!'
the several Parishes and Places where such Deputy Lieutenants
may be resident, and otherwise as the Lieutenants of such Counties
may from Time to Time direct ; but no General or Sub-division
Meeting shall be holden f<»r that Purpose, unless such Meeting be
convened pursuant to any special Order made in this Behalf by
the Lord Lieutenant of Ireland.

XIL Provided always, That whero the Number of Men for the How Kumber
Time being required to be raised under this Act for any Connty o^.Men to be
haa not been, raised by voluntary Enlistment, it shall be lawful '^^'^
for the Lord Lieutenant, if it appear to him advisable so to do,
by Order signed by his Chief or Under Secretary, to authorize
and direct afi or any Part of such Number of Men as shall be

deficient

684 C. 107. 17» & 18* VICTORIiE. AJ).1854

deficient to be nused by voluntary Enlistment in and for any
County in which the full Quota may have been raised and kept up.
Secretaiy-at- XIII. It shall be lawful for Her Majesty's Secretary-at-War

War may make from Time to Time to make Regulations as to the Amount of the
Kegulauona. g^^^g ^ y^ p^j^^ ^ Volunteers under tliis Act by way of Bounty
or periodical Payment or Allowance in consideration of their
enlisting in the Militia^ such Bounty in no Case to exceed Six
Pounds, and such periodical Payment or Allowance in no Case to
exceed after the Rate of Two Shillings and Sixpence per Month
during the Term of Service for which the Volunteer is enrolled,
and as to the Time or respective Times, Conditions, and Manner
of the Payment thereof, and as to the Ages between which Men
may be received as such Volunteers, and as to the Height and for
the Examination and Approval by Medical Men of all Men to be
raised for the Militia under this Act^ and as to all other Matters
which, under the Provisions herein contained, are made subject
to Regulations to be made by such Secrotary-at- War ; and all
such Bounties shall be paid out of such Monies as shall be pro-
vided by Parliament iu this Behalf.
Regulations to XIV. All Regulations made under this Act shall be laid before
^ laid before |)oth Houses of Parliament within Twenty-one Days next after
Parliament ^^le making thereof, if Parliament be then sitting, or if Parliament
be not then sitting then within Twenty-one l5ay8 after the next
Meeting of Parliament
Volunteers to XV. The Colonels or Commanding Officers of the Regiment?,
he raised for Battalions, or Corps of Militia, shall from Time to Time, and so
Plaow of iSten ^^"S before the Expiration of the respective Terms of Service of
whose Time is *^® Militia-men belonging to their respective Regiments, Battalions,
about to expire, or Corps as shall be directed by Regulations to be made by tbe
and for supply- Secretary-at-War, raise and enrol or cause to be raised and en-
ing Vacancies roiled Volunteers to supply the Places of such Militia-men ; and
by Death, &c gi^^^^ ^^^^ ipj^^^ ^ rpj^^^ subject to any Regulations to be so
made, raise and enrol or cause to be raised and enrolled Volunteers
for supplying casual Vacancies by reason of MiUtia-roen djing
before the Expiration of their Term of Service, or being pro-
moted to be Non-commissioned Officers or Drummers (except
where they are so promoted in the Room of Non-commissioned
Officers or Drummers reduced to the Ranks), or being discharged
as unfit for Service, or in pursuance of the Sentence of a Court-
martial, or having deserted.
Volunteers to ; XVI. Every Volunteer so raised as aforesaid shall, when he lias
be sworn and been examined and approved according to such Regulations as
enrolled. gj^j^j ^^ made by the Secretary-at-War, take the following Oath :

* lA.B, do sincerely promise and swear, That I will be faithful

* and bear true Allegiance to Her Mi^jesty Queen Victoria, and

* that I will faithfully serve in the Militia in any Part of t^^

* United Kingdom of Great Britain and Ireland, for the Defence

* of the same during the Time of Five Years for which I affl

* enrolled, unless I shall be sooner discharged :' inserting therein
the Name of the Sovereign for the Time being, which Oath shsll
and may be administered by any Justice of the Peace or Depatf
Lieutenant' for the County in which such Volunteer shall have
been raised, or in which the Regiment^ Battalion, or Cofps ior

which

A.D. 1854. 17 « & 18 « VICTORIA- C. 107. 685

which he shall have been raised shall be at the Time of his
joining the same ; and every such Volunteer shall be enrolled in a
JRoll, to be prepared and kept hj or under the Direction of the
Colonel or Commanding Officer, to serre in the Militia for the
Countj for which he is raised as a Militia-man, for the Space of
Fire Years.

XVII. The Period of Training and Exercise of the Militia Period of
in Ireland shall, save as herein-after provided, be Twenty-one Trainmg and
Days in every Year ; and such Militia or any Part thereof may ^^^^^^""^
be called out for Training and Exercise more than once in every
or any Year, so as the whole Period of Training and Exercise of
any Militia-man do not exceed Twenty-one Days in any Year, save
as herein-after provided ; and the Times and Places of Training
and Exercise of the Militia-men serving for each County shall be
appointed, with the Approbation of the Lord Lieutenant of
Ireland^ hy the Lieutenant of such County.

XVIIL Provided always, That it shall be lawful for the Lord Lord Lieute-
Lieutcnant from Time to Time, where, with the Advice of the nant may, by
Privy Council of Ireland, he may see fit, to order all or any Part 95^®^ "* ^)}?"
of the Militia to be marched out of their own respective Counties Sa'tTbTexer-
into any Part oi Ireland, for the Purpose of Training and Exercise, cised out of
and also where, with such Advice as aforesaid, the Lord Lieu- their own Coon-
tenant may see fit so to do, to extend or reduce the Period of ties, &c.
Training and Exercise of all or any Part of the Militia, so as the
whole Period of Training and Exercise in any Year shall not
exceed Fifty -six Days nor be less than Three Days ; and no fresh
Notice shall be necessary where such Extension or Reduction is'
made during the Time of actual Training.

XIX. In case any of the Commissioned Officers or Privates of Time of Drill
any Regiment, Battalion, or Corps shall previously to the as- not to be
sembling of the same for Training and Exercise, have been sent reckoned.

to their Head Quarters or attached to any Corps of Her Majesty's
Regular Forces for Purposes of Instruction, the Time during
which they shall have remained at their own Head Quarters or
with the said Corps for Instruction as aforesaid shall not be
reckoned as any Part of the Period during which any Com-
missioned Officers and Privates may be kept assembled for
Training and Exercise as herein-before provided.

XX. It shall be lawful for the Lieutenants of the several Lieutenant to
Counties, with the Approbation of the Lord Lieutenant, to take on provide Places
Lease or Hire, for or during such Terms or Periods as they may ^^^ Exercise,
think necessary. Pieces of Ground convenient for the Training

and Exercise of the Militia of such Counties.

XXI. Notices to Men who are enrolled in the Militia to attend Kotices of
Training and Exercise, or where any Order is made for drawing Times and
out and embodying the Militia or any Part thereof, to attend at ^}^^^ of Exer-
any Place in pursuance of such Order, shall be sent by the Order ^^^^^^!^
of the Colonel or Commanding Officer of the Regiment, Battalion, Militia, how to
or Corps to which such Men belong, by the Post to the Residences be given.

of the aeyeral Men as stated on their Attestations, or as sub-
sequently notified by them ; and Public Notices shall also be sent
to the County Inspector or other Chief Officer of the Police of the
County, or in the Dublin Metropolitan District to the Super-
intendent of Police, who shall cause the same to be affixed by the

Constables

€86

C.107-

17** & 18*^ VICTORIA

.A.D.1854.

LordLieate-
nant may order
increased Pay
to Militia-men
attached to the
Artillery.

Penalties for
fraudulent Re-
enlistment

The Justice be^
fore whom a
Militia-man is
convicted of Be«-
enligtment in
the Militia to
aend Be^rt of
Conviction to
Secretary-at-

Constables of such County or District on the Door or ibe trater
'Wall near the Door of every Chureh and Chapel in each Fioi^
•or Place in such County or District, including Places of Public
Worship which do not belong to the Established Church ; and if
any Place have no Church or Chapel, then in such Manner as
Public Notices are usually made known in such Places, and on fhe
Doors or outer Walls as aforesaid of the Churches or Chapels of
some Parish or Place adjoining ; and such Notice so affixed bs
aforesaid shall be deemed a sufficient Notice to every Person
enrolled by virtue of this Act, notwithstanding any Omissioii to
send Notices by Post ; and any such Man not appearing at tiie
Time and Place appointed in any such Notice shall be subject to
be punished and dealt with accordingly.

XXII. It shall be lawful for the Lord Lieutenant, if bethink
fit, to order and direct that any Militia-men who shall be attached
to the Service of the Artillery, and shall do Duty as Artillery-
men, shall receive increased Pay, not exceeding such and the like
Pay, during the Time of their serving and doing Duty as Ar-
tillery-men as aforesaid, as any of the Men serving in the Roval
Corps of Artillery are or may be entitled to, and it shall ftb>
be lawful for the Lord Lieutenant to direct the same to be pud
for such Periods, and under and subject to such Regulations and
Restrictions, as he may from Time to Time deem proper and
necessary.

XXni. Any Militia Volunteer who, before the Expiration of
his Engagement as a Militia-man in any Regiment, Battab'on, or
Corps, enrols or offers to enrol himself in any other Bcgiment,
Battalion, or Corps of Militia, whether of the Militia ndfied in
Ireland or of the Militia raised in any other Part of the United
Kingdom, or in the same Regiment, Battalion, or Corps, whether
by the same or by different Names (save in the Way of lawful
Renewal of his Engagement), shaU, upon Conviction thereof he-
fore any One Justice of the Peace, forfeit and pay any Sum not
exceeding Ten Pounds, and in default of such Payment shall be
imprisoned, with or without Hard Labour, for any Time not ex-
ceeding Three Months, and shall also be liable to the Deduction
out of the Bounty which he might otherwise have received in
respect of his original Enlistment of a Sum equal to what he maj
have received upon his fraudulent Re-enlistment, and of such
further Sum as the Colonel or Commanding Officer of the Re-
giment, Battalion, or Corps in which he may have originallj
enlisted shall think proper, or as the Secretary-at-War may from
Time to Time direct, not exceeding the Expenses of his Attes-
tation and Enrolment on such fraudulent Re-enlistment

XXrV. The Justice before whom a Militia Volunteer shall be
convicted of having enrolled or offered to enrol himself in another
Regiment, Battalion, or Corps of Militia, or more than once in
the same Regiment, Battalion, or Corps of Militia, shall send or
cause to be sent to the Secretary-at-War a Report of such Con-
viction, stating the Name of such Volunteer, the Regiment, Bat-
talion, or Corps of Militia to which he belongs, the Offence of
which he has been convicted, and the Sentence or Decifflon^
the Justice thereon, and where such Volunteer shall be imprisoned
in pursuance of aneh Conviction^ the Period when the Imprison-
ment

A.D.1854. 17« & 18- VICTORIA. C. 107. . 687

loeni will expire ; and for such Report m aforesaid the Clerk of
the said Justice shall be entitled to a Fee of Two Shillings, and uo
more ; and the Secretarj-at-War maj transmit to the Justice so
eonricting an Order for the Payment to anj Person who has
apprehended and procured the Conviction of such Offender of such
Sum not exceeding Twenty Shillings as he shall think fit.

XXV. It shall be lawful for the Secretary-at- War at any Time Power to dis-
to discharge any Militia Volunteer for Misconduct, Unfitness, or charge Men
other Cause, upon such Conditions as he may from Time to Time *^™^® Militia
direct, and such Volunteer shall have no Claim to future Pay or J^^ bA^e-
Bounty, or to release from future Attendance in the Militia any ggiar Forces.
Volunteer who may have fraudulently enlisted into Her Majesty's

Kegular Forces or into the Forces of the East India Company, or
who may have fraudulently entered into Her Majesty's Navy, and
who has been sentenced to Imprisonment, or to Forfeiture for a
Period not exceeding Eighteen Calendar Months of One Penny a
Day from his Pay in such Forces or Navy, and any Man so
released shall serve with the Force which he may have enlisted
into or entered in the United Eangdom or elsewhere, with the like
Liabilities in all respects as any Soldier or Seaman in such re-
spective Force, and his Place in the Militia shall foe supplied in
like Manner as if his Term of Service as a Militia-man had expired
by Efilux of Time.

XXVI. Any Bounty which, under the Regulations made under Provision for
this Act, may be payable during or in respect of Attendance at withholding
Training and Exercise shall be forfeited by any Man who wholly jg^^t^Jrom
absents himself from such Training and Exercise without Leave Men^^nx)^
lawfully granted, or Sickness, certified according to such Re- ftdij absent
gnlations ; and any such Bounty which would otherwise be pay- from Training*.
able to any Man who partially absents himself as aforesaid without

such Leave, or Sickness, certified as aforesaid, or who misconducts
himself during the Training, shall be wholly withheld, or issued
only in such Manner and in such Portions as the Secretary-at-
War, upon the Report of the Commanding Officer, shall determine.

XXVIL No Man, by reason of his Enrolment or Service in the Enrolment in
Militia, shall lose or forfeit, or be deemed to have lost or for- Militia not to
feited, any Interest he may possess, or may have possessed at the <»^M«Poiftiture
Time of his so being enrolled or serving, in any Friendly or ?j ^y Benefit
Benefit Society, any Laws, Rules, or Regulations of such Society Society.
to the contrary notwithstanding ; and in case any Dispute shall
arise between any such Society and any such Man by reason of
such Enrolment or Service, it shall be considered as being a
Dispute directed by the Rules of such Society to be decided by
Justices of the Peace, pursuant to the Provisions of the Acts in
force relating to Friendly Societies.

XXVTLL Every Militia-man raised under this Act (not la- Punishment of
bovring under any certified Infirmity or Incapacity) who shall Men not attend-
not appear at the Time and Place appointed for his being ex- P8» 9^^ al>s€nt-
ercised (Notice having been given as by this Act required), or SlSbe Train-*
who, having joined the Regiment, Battalion, or Corps to which he i^g^ J^^ not
belongs, or any Company or Companies or any Detachment or taken till after.
Division l^ereof, deserts or absents himself during the Time of
an J such i^ercise, shall be deemed a Deserter, and if not taken
^ until

688 C.107. 17*^ & 18« VICTORIiE. .A.D.1854.

until after the Time of such Exercise sucli Deserter shall, upon
Conviction thereof before any Justice of the Peace, be liable to
forfeit and pay a Sum not exceeding Ten Pounds ; and if such
Penalty be not immediately paid the said Justice shall sentence
such Militia-man to bo imprisoned, with or without Hard Laboar,
for any Period not exceeding Three Months, unless tbc said
Penalty be sooner paid : Provided, that any Information may be
laid against such Militia-man under this Section at any Time
within the Period of his Engagement in the Militia.
Provision for XXIX. The Commanding Officer of any Regiment, Battalion,

Apprehension or Corps of Militia shall notify to the Secretary-at-War and to the
nL^ndin^or ^^^^tables or other Officers of the Parishes and Places in vhidi
absenting them- Militia-men reside who have not attended Training and Exercise,
selves during or who may have absented themselves during the Time of Training
Training. and Exercise of their respective Regiments, Battalions, or Corps^

the Names and Descriptions of all such Militia-men who have so
absented themselves ; and it shall be lawful for any Constable or
Officer, or for any Officer or Soldier in Her Majesty's Service or
in the Militia, to apprehend or cause any such :Vlilitia-man to be
apprehended, and to bring him or cause him to be brought before
any Justice of the Peace, at any Time within the Period of his
Engagement in the Militia, to bo dealt with as hcrein-befure men-
tioned, if the Battalion or Corps to which he belongs has ceased
Training and Exercise, or to be committed to safe Custody until
an Escort can be sent for him, if such Regiment, Battalion, or
Corps be then out for Training and Exercise ; and such Justice
shall transmit a Report, in the Form prescribed in the Schedule
annexed to this Act, to the Secretary-at-War, and the Secretarr-
at-War shall transmit to such Justice an Order for the Payment
to the Person or Persons by whom such Militia-man was appre-
hended and secured of such Sum not exceeding Twenty Shillings
as the Secretary-at-War may think fit.
Penalty for in- XXX. Any Person who by Words or other Means shall per-
ducing Militia- suade any Militia-man improperly to absent himself from his Dutr,
men to ahsei^ a,nd every Person who shall assist or procure any Militia-man im-
themseves, c pj.Qpgj.iy. ^q absent himself as aforesaid, or shall conceal, emploj»
or continue to employ any Militia-man, knowing him to be so im-
properly absent, shall for every such Offence forfeit and pay a Sum
not exceeding Twenty Pounds.
Penalty for XXXI. The Forty-fifth Section of the Act of the Forty-ninli

buying Anns or Year of King George the Third, Chapter One hundred and twentj,
Militia Stores, gy^^u ^^ repealed, and if any Person shaU knowingly and wil-
fully buy, take in exchange, conceal, or otherwise receive any
Militia Arms, Clothes, or Accoutrements, or any such Articles
belonging to a Militia-man as are generally deemed Regimcntil
Necessaries according to the Custom of the Army, being provided
for the Soldier, and paid for by Deductions out of his Pay, <s
any Public Stores or Ammunition delivered for the Militia, upoQ
any Account or Pretence whatsoever, contrary to the true Intent
and Meaning of this Act, and of the other Acts in force relating
to the Militia, the Person so offending shall for every such Of-
fence forfeit and pay not exceeding Ten Pounds ; and if such
Penalty be not immediately paid, and the Offender shaU not bave

I

A-D. 1854. 17^ & 18» VICTORIES. C. 107. 689

dafficient Goods and Chattels whereon to levy the snme, the Jastice
bj whom such Offender was convicted shall commit him to the
House of Correction or Common Gaol, there to be imprisoned,
with or without Hard Labour, for any Period not exceeding Six
Months, unless the said Penalty be sooner paid.

XXXII. All Offences for which any pecuniary Penalty or For- Recovery of
feiture is by this Act imposed shall and may be heard and deter- Penalties,
mined by any Justice of the Peace in or near to the Place where

the Offence shall be committed, or where the Offender may at any
Time happen to be ; and all such Penalties and Forfeitures, and
also the reasonable Costs attending the Prosecution, to be duly
ascertained and awarded by such Justice, shall and may be en-
forced and recovered in thesame Manner as any pecuniary Penalties
may be recovered in Ireland under the Provisions of an Act passed
in the Session holden in the Twelfth and Tliirteenth Years of Her
Majesty, intituled An Act to facilitate the Performance of the 12 & 13 Vict
Duties of Justices of the Peace out of Quarter Sessions in Ireland ^ ^0.
vrith respect to summary Convictions and Orders.

XXXIII. One Moiety of every pecuniary Penalty or Forfeiture Application of
Imposed under this Act upon any Person duly convicted of buying, certain Penal-
taking in exchange, concealing, or otherwise receiving contrary to *'^

LiAw any Militia Arms, Clothes, Accoutrements, or Hegimental
l^ecessaries belonging to any Militia-man, or any Public Stores or
Ammunition for the Service of the Militia, and every pecuniary
Penalty or Forfeiture imposed under this Act upon any Person
assisting, procuring, or persuading any Militia Volunteer impro-
perly to absent himself from his Duty, or concealing, employing,
or continuing to employ any such Volunteer, knowing him to be
so improperly absent, shall go to the Person who shall inform or
sue for the same, and the other Moiety, or where the Offence
fihall be proved by the Person who shall inform, then the whole
of the Penalty, shall be paid over and applied in such Manner
as the Secretary-at-War shall direct, anything in any other Act
to the contrary notwithstanding; and every Justice who shall
adjudge any such Penalty or Forfeiture shall, within Four Days
at the furthest, report the same and his Adjudication thereof to
the Secretary-at-War.

XXXIV. All Penalties imposed by this Act upon Militia-men Application of
(except the Deductions from Bounty, which shall be brought to Penaltiei on
Public Credit) shall be paid to the Commanding Officers of the MiUtia-men.
respective Regiments, Battalions, or other Bodies of Militia of

the respective Counties to which the Militia -man belongs, and
shall be made and accounted for as Part of the Public Stock of
such Regiment, Battalion, or other Body of Militia respectively.

XXXV. Any Militia Volunteer attached for a Time for the Volunteers un-
Purpose of Instruction to any Regiment, Battalion, or Depot of derlnairuction
Her Majesty's Forces shall for such Time bo deemed to be under ^^TAct.
the Operation of the Mutiny Act, in the same Manner as any

Soldier enlisted in such Regiment, Battalion, or Depot.

XXXVI. All the Provisions of the Act of the Forty-ninth The Provisions
Year of King George the Third, Chapter One hundred and twenty, ^ *® ^' ^•
and of any Act amending the same, or otherwise applicable to ^iJ^^^'^^ g^.

17 % 18 Vict. Y y the tend to this Act

690

C.107.

17" & 18° VICTORIA.

A.ai854.

Notices of Ge-
neral and Sub-
division Meet-
ings to be sent
to Deputy Lieu-
tenants by Post

Expenses of
House for depo-
siting Arms
and Stores of
the Militia in
Ireland to be
defrayed by the
County or
County of a
City.

Power to bor-
row on Mort-
gage of the
Comity Rates.

the Militia of Ireland^ not hereby repealed, shall, snbjeet to the
Provisions of this Act, and so far as the same are not incoDsistent
herewith, extend and be applicable to the* Militia to be raised
under this Act, and'to all the Purposes thereof : Provided always,
that no general or other Meeting of Lieutenancy shall be hki
except when specially convened for such Purposes as are by this
Act directed to be carried into effect by a General Meeting, or
when convened under the Authority of the Lord Lieutenant of
Ireland*

XXX VII. Notices of the Days and Places of holding General
Meetings of Lieutenancy shall be sent by the Post by the Clerk
of the General Meetings to the several Deputy IJeutenants of
the County Seven Days at the least before the Days appointed
for holding such Meetings respectively ; and any Notices of Snb-
division Meetings required to be given to Deputy Lieutenants or
others shall be sent by the Clerk of General Meetings by Post.

XXXVIII. The Cost of providing any House or Place for the
keeping of the Arms, Accoutrements, Clothing, or other Stores
of the Militia, in each County or County of a City in Ireland^
when not embodied, shall be defrayed by the County and County
of a City respectively, and the necessary Sum for that Purpose,
and all Arrears in respect of such Cost which shall have become
due before the Certificate thereof shall be transmitted as hereafter
mentioned, and all Arrears which may be due in respect of the
Allowance payable by the County or County of a City, under the
Act now in force, to the Adjutant in respect of his Residence and
Accommodation, and for the Cost of providing a House or Place
for the Purposes aforesaid, shall be raised by the Presentment of
the Grand Jury of such County and County of a City, and in
the City of Dttblin by the Town Council of the Borough of
Dublin, under the Provisions of an Act of the Twelfth and
Thirteenth of Her present Majesty, Chapter Ninety-seven, which
Presentment the Grand Jury of the County or Town Council re-
spectively shall pass, on a Certificate of the Sum required, signed
by the Chief Secretary of the Lord Lieutenant^ or in the Absence
of such Chief Secretary by the Under Secretary or by the As-
sistant Under Secretary, without any Application at Presentment
Sessions, and the Certificate shall be transmitted by such Chief
or Under Secretary or Assistant Under Secretary to the Clerk of
the Crown for such County at any Time prior to the First Day
of Assizes for such County, or if in the County or County of the
City of Dublin, then prior to the First Day of the Presenting Term^

XXXIX. In order to distribute over a Term of Years such
Portion of the Expenses of purchasing, building, enlarging, or
altering such Places as aforedaid as are hereby directed to be raised
by such Grand Jury and Town Council respectively, the Grand
Jury of such County, County of a City and County of a Town,
at the Assizes, and in the City of Dublin the Town Council of
the Borough of Dublin, may, if they think fit, borrow all or anj
Part of the Money necessary for the aforesaid Purposes upon Mort-
gage of the County Cess and Bates of such County, County of
a City and County of a Town respectively ; and every such

Mortgage

JLIX1854.

17'' & 18'^ VICTORIA.

C. 107-

691

To proTide for
Interest on
Mortgages and
Repayment of
Principal.

Mortgage may be the in Form in the Schedule (A.) to this Act
annexed, or to the like Effect, and shall be executed bj the Fore-
man of the Grand Jury present at the Assizes at the Time being,
and in the City of Dubfin by the Lord. Mayor of Dublin and any
Two of- the -Town Council, and shall be effectual for securing to
the Person advancing the Sum in such Mortgage expressed, his

.'Executors, Administrators, and Assigns, the Repayment thereof
with Interest, after the Rate, at the Times, and in the Manner in

. such Mortgage specified ; and any Person entitled to any such
Mortgage may transfer his Right and Interest therein to any other
Person, such Transfer being made according to the Form in Sche-
dule (B.) to this Act annexed, or to the like Effect ; and the
Persons to whom such Mortgages or the Transfers thereof are
made, their Executors and Administrators, shall be Creditors upon
the Rates and Funds thereby expressed to be charged, in an equal

"Degree one with another according to the respective Sums in such
Mortgages mentioned to be advanced by them.

XL. The said Grand Jury and Town Council respectively shall
in every Year provide for and cause to be paid out of the County
Cess of such County, County of a City and County of a Town,
and out of the Rates of such Borough of Dublin, in the Manner
and at the Times in such Mortgages specified, the Monies re-
quired for the Time being to pay the Interest on the several Sums
borrowed under this Act or the first-recited Act, and then unpaid,
and shall also set apart and appropriate a further Sum, not being
less than One Thirtieth Part of the Principal Sum originally
borrowed upon such Mortgages, and shall apply the same in the
Repayment of so much of the said Principal Sums then unpaid as
it will extend to discharge, Year by Year, until the whole of such
Principal Sums have been repaid ; and the said Grand Jury and
Town Council respectively shall, by Agreement with the Parties
entitled to such Mortgages, or in default of Agreement by such
other Means as they deem most equitable and convenient, deter-
iXiine the Order of Priority in which the several Sums advanced
shall be repaid.

XLI. It shall be lawful for the said Grand Jury and Town
CoQncil respectively, with the Consent of the Parties entitled to
such Mortgages, to pay off from Time to Time any of the Monies
so borrowed as aforesaid, and to reborrow from Time to Time the
Sams necessary for that Purpose, but so nevertheless that all
Monies borrowed under this or the first-recited Act shall be repaid
within Thirty Years from the Time of first borrowing the same.

XLII. In the Construction of this Act the Expression "Lord
Lieutenant," or " Lord Lieutenant of Ireland" shall mean the Lord
Lieutenant or other Chief Governor or Governors o£ Ireland; and
the Expression <'the Militia" shall mean the Militia raised in
Ireland,

XLIII. This Act may be cited for all Purposes as " The Militia Short TiUe.
(Ireland) Act, 1854."

Power to re-
borrow.

Interpretation
Clause.

Yy2

SCHE-

692 C. 107. 17 « & 18 ° VICTORIA. A.D. 1854-

SCHEDULE (A.)
Farm of Mortgage.

By virtue of the « Militia (Ireland) Act, 1854," I A.B^ Fore-
man of the Grand Jurj of [or Lord Mayor and Town
Councillors, as the Case may &e], in consideration of the Sum of

paid to the Treasurer of the said County [or City or
Borough] by A.B. of for the Purposes of

the said Act, do grant and assign unto the said A,B,y his Ex-
ecutors, Administrators, and Assigns, such Proportion of tbe
\_here describe the Bates or Property intended
to be mortgaged] as the said Sum of doth or shall

bear to the whole Sum which is or shall be borrowed upon the
Credit of the said to hold to the said A.B,^ his Execu-

tors, Administrators, and Assigns, from this Day until the said
Sum of with Interest at per Centum per

Annum for the same, shall be fully paid and satisfied (the Prin-
cipal Sum to be repaid within not less than Years from
the Date hereof). In witness whereof we have hereunto set oor
Hands and Seals [or. Given under our Corporate Seal], thii

Day of 18

(L.S.)

SCHEDULE (B.)

Form of Assignment of Mortgage.

I A,B,f of in consideration of the Sum of

paid to me by CD. of do hereby assign* to the said

CD., his Executors, Administrators, and Assigns, a certain Mort-
gage numbered made by the Foreman of the Grand
Jury of [or the Lord Mayor and Town Council of
the Borough of Dublin, as the Case mag be], bearing Date the

Day of for securing the Sum of

and Interest thereon, [or (if such Transfer be by Endorsement)*
the within Security,] and all my Right and Interest to and in the
Monies thereby secured, and the Rates [or Lands, Tenements, and
Hereditaments] thereby assigned. In witness whereof 1 hare
hereunto set my Hand and Seal, this Day of

18

(L.S.)

SCHB-

A.D.1854.

17" & 18» VICTORIA.

C.107.

693

SCHEDULE (C.)

REPORT.
Descriptivk Return of committed to Confinement

at on the Day of as

an Absentee from tlie Training of the Regiment of

Militia.

Age - . . -

Height ....

Feet. Iiiehei.

Complexion - -

Hair ....

Eye. ....

Marks - . ...

Probable Date of Enrolment, and
where ...

Pk-obable Date of absenting himielf,
and from what Place

Name, Occupation, and Address of
the Person by whom apprehended*

Particulars in the Evidence on which
the Prisoner is committed, and
showing whether he surrendered
or was apprehended, and in what
Manner, and upon what Grounds,
and whether committed for safe
Custody onl}', or as a Deserter
under this Act, and if so, for what
Period

■ It to Important for tho Public Serrlce/and for the lotcnrt oftho PHMmer, that thto Furt of the
Sotuni should be aocurately filled up, and the Dctaito thould be Imerted by the Hagiatrate In hia
own Handwrittait, or, under hla Direction, bj his Clerk.

I do hereby certify, that the Prisoner
has bcea duly einmiiied before me as to
the Circumoances herein ttetedtand has
declared in my Presence that he f
absent himself from the before-men-
tioned Corps.

1^ Signature and Addnu

of Magitirate,

^ ~ Signaiurt of PrtBtmer,

> Signaimrt of Informant,

t losart '^d''or <*did not,"

a the Case nuy be.

Y7

I certify, that I haTe inspected the
Prisoner, and consider him |
for Miliuiry Scrrice.

— — ^— Signature of Mi'

iitary Medical 0/^Ec«r, or

I Private Medical Pratiitumer,

I Insert **at** or •'unSt," as the Case

auj be; and If unfit, state the Cause of

UnfltoesSb

li No Fee wUl be aUowed to a Prhrate Me-
dical Practttloncr where a MUitary Medical
Oflker Is sUtioned, unless It is shown that his
Scnrioes were not araOable.

3 CAP.

694 C. 108. 17^ & 18" VICTORIiE. A-D. 185

CAP. CVIIL

An Act to suspend the making of Lists and the Ballots for
the Militia of the United Kingdom* [11th August 1854.}

* Wl HEREAS it is expedient to suspend-for a further Period

* ▼ ▼ the Ballots for the Militia of the Upited Kingdom:' Be
it therefore enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

Meetings rela- 1* AH General and Subdivision Meetings relating to the Militia

ting to the Mi- of the United Kingdom, and all Proceedings relating to procuring

litia of the any Returns, or preparinji^. or making out Lists of such Militia or

d^^an^^ots *^^ ^^^^ thereof, for the Purpose of a Ballot, or relating to ballot-

fOTsach Militia ^°S ^^^ ^^7 Militia-men or supplying any Vacancies in such Militia

suspended. hy Ballot, save such Proceedings as are or may be directed or

authorized by or under the Act of the Session of Parliament

holden in the Fifteenth and Sixteenth Years of Her Majesty,

Chapter Fifty, and the Acts amending the same, shall cease and

remain suspended until the First £^y of October One thousand

eight hundred and fifty-five.

Proceedings 11. Provided always. That it shall be lawful for Her Majesty

may be had by any Order in Council to direct that any Proceedings shall be
during such^ j^^^ ^^ ^^ Time before the Expiration of such Period as afore-
O^Sr^^Coim- ®**^> either for the giving of Notices and making Returns and
cii. preparing Lists, and also for the proceeding to ballot and enrol

Men for the filling up Vacancies in the Militia, as Her Majesty
shall deem expedient ; and upon the issuing of any such Order all
' such Proceedings shall be had for carrying into execution all the
Provisions of the Acts in force in Scotland and Ireland respec-
tively relating to the giving Notices for and Returns for lasts,
and for the balloting and enrolling of Men to supply any Vacancies
in the Militia, and holding General and Subdivision Meetings for
such Purpose, at such Times respectively as shall be expressed in
any such Order in Council, or by any Directions given in pur-
suance thereof to Lord Lieutenants, or Deputy Lieutenants actin<r
for Lord Lieutenants, of the several Counties, Shires, Cities, and
Places in Scotland^ or to the Governors and Deputy Governor
of Counties and Places in Ireland; and all the Provisions of the
several Acts in force in Scotland and Ireland respectively relating
to the ISfilitia shall, upon any such Order, and Direction given in
pursuance thereof, become and be in full Force and be carried
into execution at the Period specified in such Order or Direction
as aforesaid, with all such Penalties and Forfeitures for any
Neglect thereof, as fully as if such Periods had been fixed in the
Acts relating to such Militia.
Saying for cer- HI. Provided also, That nothing herein contained shall extend
tain Meetings to prevent the holding before the Expiration of such Period a*
Tdating to the aforesaid of such General or other Meetings relating to tlie Militia
*^*"**^ of the United Kingdom ns may be called under the Authority of

One of Her Majesty's Principal Secretaries of State, or in Irehud
under the Authority of the Lord Lieutenant or other Chief Gover-
nor or Governors of Ireland, or of any Meeting which may be

called

A.Da854. 17 ^ & 18° VICTORIA. C. 108, 109. 695

called for the Purpibse of altering, enlarging, or providing any
Place for the Reception of the Arms, Accoutrements, Clothing,
or other Stores belonging to the Militia.

CAP. CIX.

An Act to defray the Charge of the Pay, Clothmg, and
contingent and other Expenses of the Disembodied
Militia in Great Britain and Ireland; to grant Allow-
ances in certain Cases to Subaltern Officers, Adjutants,
Paymasters, Quartermasters, Surgeons, Assistant Sur-
geons. Surgeons Mates, and Serjeant Majors of the
Militia; ana to authorize the Employment of the Non-
commissioned Officers. [11th August 1854?.]

* Vl/" HERE AS it is necessary that Proyision should be made

* ' ^ for defraying the Charge of the Pay, Clothing, and con-
\ tingent and other Expenses of the regular Militia, and of the

* Mtoers of Cornwall and Devon^ when disembodied, in Great

* Britain and Ireland^ and for making in certain Cases Al]ov7«*
1 ances of Reduced Pay to Subaltern Officers and Surgeons Mates
' and Assistant Surgeons of the Regular Militia, and of the Miners
^ of Duvon and Cornwally while disembodied, and Allowances to

* Adjutants, Paymasters, Surgeons, Quartermasters, and Serjeant
*' Mfijors of the Regular Militia, who have been or may be re-

* duced, and to Adjutants, Surgeons, and Quartermasters disabled
*•■ after long Service:' Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Par*
liament assembled, and by the Authority of the same, as follows :

I. The Secretary -at- War for the Time being shall cause to be Secretaiy-at-

issued and paid the whole Sum required for the Regular Militia Y*U** """^

of Great Britain and Ireland (when disembodied), in the Manner ^^Jred foTp*"

and for the several Uses herein-after mentioned ; (that is to say,) JfR^nJJ^ *^

for the Pay of the said Regular Militia at the daily Rates follow* Militia.
ing ; (that is to say,)

Eor each Adjutant of Infantry, Eight Shillings, and of Artillery, Bates of Fay.
Nine Shillings :

* For each Serjeant Major of Infantry, where One is appointed

in Corps consisting of Two or more Companies, One Shilling
and Tenpence, and of Artillery, Three Shillings :

* For each Quartermaster Serjeant and Paymaster Serjeant (in

Corps whose Establishment exceeds Four Companies) of
Infantry, One Shilling and Eightpence, and of Artillery,
Two Shillings and Sixpence; and to the Serjeant perform-
ing the Duty of both Quartermaster Serjeant and Paymaster
Serjeant (in Corps consisting of Four Companies or less) of
Infantry, One Shilling and Eightpence, and of Artillery,
Two Shillings and Sixpence :
. For each Sergeant of Infantry, One Shilling and Sixpence, and
of Artillery, Two Shillings and Twopence :
For each Drummer, Trumpeter, or Bugler above Sixteen Years
of Age, One Shilling, and under Sixteen Years of Age, Ten-
pence :

Y y 4 Provided

696

C.109.

17« & 18* VICTORLE.

A«D.1854

Kates of Fky
ivhen abfient on
Farlongh.

Clothing.

Contingent
Fond.

Ad^otant, &C.
to reside where
the Seeretary-
at-War shaU^
appomt

Adjutants and
Non-commis-
sioned Officers
of Militia ma^
be employed m
their Counties.

Adjutant to
have Charge of
the Arms and
Clothing and to
issue the Money
for contmgent
Expenses on an

Provided always, that when any Seijeant Major op Seijeant shall
be absent on Furlough or Licence he shall during such Absence
receive Sixpence per Diem less than the above-mentioned Rates
respectively :

And nlso for the Clothing of the Regular Militia (when disem*
bodied), in Cases in which Full Clothing shall be provided by the
Colonel or Commandant, at the Rate of Five Pounds Twelve Shil-
lings and One Penny for each Serjeant Major, Three Pounds for
each Serjeant, and Two Pounds Eighteen Shillings and Sevenpence
for each Drummer, and so in proportion in the Cases in which only
Part of the Clothing shall bo provided by the Colonel or Com-
mandant, together with the actual Expense of Package and
Carriage, and such Charges for altering and fitting the Clothing
as shall have been sanctioned by the Secretary-at-War : Provided
always, that Seijeant Majors, Serjeants, and Drummers on the
Disembodied Staff of the Militia of England and fVaie$j and soch
Serjeant Majors and Serjeants as were serving on the Disembodied
Staff of the Militia of Ireland and Scotland, on the First Day of
June One thousand eight hundred and twenty*nine, and shall be
resident at Head Quarters, shall be entitled to be clothed once in
Two Years ; and that such as shall have been subsequently ap-
pointed to serve or promoted on the Disembodied Staff of the
Militia of Ireland and Scotland shall be entitled to be dotled
once in Four Years, unless a Militia Force be raised in Irdcmd
and Scotland, and then the Disembodied Staff shall be entitled to
be clothed once in Two Years :

And also at Rates varying from Two Shillings to Sixpence per
Annum for each Private Man for defraying the contingent Ex-
penses of each Regiment, Battalion, or Corps when enrolled.

IL Except when employed as herein- after provided, every
Adjutant and Non-commissioned Officer on the Staff of the
Regular Militia, when disembodied, shall reside in such Places
as shall be sanctioned by the Secretary-at-War ; and every such
Adjutant and Non-commissioned Officer shall forfeit his Pay for
any Period during which he shall be absent, except when em-
ployed as herein-after provided, or when absent by Leave from
the Colonel or Commandant of the Regiment, Battalion, or
Corps, which Leave shaU not, except in case of certified Sick-
ness, extend beyond Three Calendar Months in One Year, not
to a greater Proportion than One Third of the Non-commissioned
Officers at the same Time.

IIL Every Adjutant and Non-commissicned Officer of tii«
Regular Militia, when disembodied, and not called out for Train*
ing or Exercise, shall be liable to be employed within the Conntj
to which the Regiment, Battalion, or Company of the said Militia
Staff belongs, under the Officers appointed to pay and superintend
the Out-Pensioners of Chelsea Hospital, in such Manner as One
of Her Majesty's Principal Secretaries of State may determine.

IV. The Adjutant of each Regiment of Militia shall have the
Charge and Care of the Arms, Accoutrements, Great Coats,
Clothing, Necessaries, and other Stores thereof, under the Super-
intendence of the Colonel or Commandant, and shall, out of the
Allowance directed by this Act to be issu^ and paid for defray
ing the contingent Expenses of such Regiment, Battalion, or

Corps,

AD.1854.

l?** & 18** VICTOMJE.

C.109.

697

Ck>rp8y from Time to'Time issue and pay such Sums of Money
as may be necessary for the Repair of Arms, and other usual
contingent Expenses, upon an Order in Writing signed by the
Colonel or other Commandant, and after Payment of such Sums
as aforesaid, he shall Three Times in the Year make up Accounts
of all such Money, and of the Expenditure thereof, showing the
Balance remaining in his Hands (which said Balance shall form
a Stock Purse for the Use of the Regiment, Battalion, or Corps),
and diall transmit the same to the Colonel or other Commandant
of such Regiment, Battalion, or Corps, to be by him examined,
allowed, and signed ; and the said Accounts, so allowed and
signed, shall be the proper Vouchers and Acquittal of such
Adjutant for the Application and Disposal of such Money.

V. In the occasional and unavoidable Absence of the Adjutant
from the City, Town, or Place where the Disembodied Staflf is
quartered, or during any Vacancy in the Appointment of Adju-
tant, the Serjeants shall be under the Command of the Serjeant
Major, or of some Serjeant who shall be appointed by the -said
Adjutant, with the Approbation of the Colonel or other Command-
ing Officer, to act as Serjeant Major during the Absence of such
Adjutant; and the said Serjeant Major or acting Serjeant Major
sliaJl render the same Returns and perform such other Acts as are
by Law required from the Adjutant.

VJ. The Officers and Non-commissioned Officers, Drummers;
and Private Men of the Regular Militia shall, for the Period or
Periods during which they shall be called out for the Purpose of
Exercise or Training, be entitled to the following daily Rates of
Pay and AUowanees :

Order signed by
the Colonel

Balance to form
a Stock Purse.

In Absence of
the Adjutant,
the Serjeants to
be under the
Command of
the Seijeant
Miyor.

Militia when
called out for
Training or
Exercise en-
titled to Paj.

14 1

0 15
0 14

10
6
5

10
6
5

Colonel - - . - .

Lieutenant-Colonel - - -

Major . . - -

Captain (including non-effective Allow-
ance) - - - 0

Lieutenant - - - - 0

Ensign ... - 0

Adjutant, if acting also as Paymaster
in Corps consisting of Four
Companies and upwards* - 0 3 9
y, if acting also as Paymaster in
Corps consisting of less
than Four Companies* - 0 2 6
yy if acting also as Paymaster
and Quartermaster in Corps
consisting of Four Com-
panies and upwards* - J 0 7 0
„ if acting also as Paymaster
and Quartermaster in Corps
consisting of less than Four
Companies* - - 0 4 6

* These Rat« of Pfcy, during Training and Exercise only, are in addition to
the daily Bates of Disembodied Fay granted by Section 1.

Infiuiti7.

£

1

0 16 11

0

2

Artilleiy.

£

1

d.

6

11

1

0 3 9

0 2 6

0 7 0

0 4 6

608

C. 109.

17°&18» VICTOBI-E.

A.D.185i.

Volunteers at-
tached to Regi-
ments of the
Line to be sab-
ject to the Mu-
tiny Act

Allowances to
certain Subal-
terns and Sur-
geons Mates,
and Assistant
Surgeons.

Intkntty.

MiSJkif.

£ $.

d.

£~i. d.

0 6

6

0 6 6

0 3

6

0 3 6

0 11

4

0 11 4

0 7

6

0 7 6

0 0

2f

0 0 6

0 0

4

0 0 4

0 0

4

0 0 4

0 0

0;

0 0 4

0 1

6

0 2 6

0 1

2:

0 1 4i

0 0

1

0 0 3

0 1

0

0 1 »

0 8 0

0 0 1

0 3 0

0 0 I

Hank of certain
Officers.

Quartermaster (if not holding a Subal-
tern's Commission)
„ (if holding a Subaltern's Com-
mission) - -

Surgeon - - - -

Assistant Surgeon - -

Serjeant Major* - - .

Quartermaster Serjeant*

Pajinaster Serjeant* - - -

Serjeant (if on the Permanent Staff)* -
„ (if not on the Permanent StaflP)

Corporal - - - -

Drummer, Bugler, or Trumpeter

Private - - • . -

Command Allowance to the Officer
actually in Command du-
ring Training and Exercise,
if the Pay of Colonel is not
drawn - - -

Beer Money to each Non-Commissioned
Officer, Drummer, and Pri-
vate, present at Training
and Exercise

^ These Rates of Fay, during Training and Exercise only, are in addition to
the daily Kates of Disembodied Pay granted by Section 1.

VII. Volunteers may, with the Sanction of the Secretary-at-
War, when attached to Regiments of the Line to qualify them-
selves for the Permanent Staff either as Serjeants or Drummers,
be allowed Pay whilst so under Instruction, but while-they remain
so attached they will be under the Command of the Officer com-
manding the Begiment of the Line equally with the Soldiers of
that Regiment) and will be subject to the Provisions of the Mutiny
Act.

VIIL The following Allowances shall be made and paid, to the
Amount, under the Restrictions, and in the Manner herein-after
expressed, to every Subaltern Officer and Surgeon's Mate in
Great Britain, and to every Subaltern Officer and Assistant
Surgeon in Ireland, who held a Commission in the Militia of
Great Britain or Ireland^ and was serving therein when the
Corps was disembodied pn the Termination of the last War, and
also to every Supernumerary Subaltern Officer and Assistant
Surgeon of any Regiment of Militia in Ireland which was aug-
mented during the last War, and which has been reduced to its
original Establishment ; ( that is to say, )

To a Lieutenant) Two Shillings and Sixpence per 2>ief»;

To an Ensign, Two Shillings per Diem:

And to a Surgeon's Mate or Assistant Surgeon, Two Shillings

and Sixpence per Diem:

Provided always, that for the Purposes of this Act all Officers

of the Militia serving with the Rank of Captain Lieutenants

shall be deemed to be Lieutenants, and all Officers serving with

the

A.D 1854, 17" & 18" YICTORIiE. C. 109. 699

the Rank of Second Lieutenant shall bo deemed to be Ensigns ;
and that the Snpernamerary Subalterns and Assistant Surgeons
of liegimenta of Militia in Ireland as iifoi*esaid shall be deemed to
hare belonged to sach Regiments when they were last disembodied,
and to have continued to serve therein from that Time.

IX. The Subaltern Ofhcers, Surgeons IVIates, and Assistant A Declaration
Surgeons of the Militia, who shall claim under the Authority of to be taken to
this Act to receive any Part of the said Allowances, shall, previous '?*^^ ^^5
to receiving tlie same, and in order to entitle themselves thereto, lo^ances.
take and subscribe a Declaration before some One of Her Ma-
jesty's Justices of the Peace of the United Kingdom, Notary

Public, or other Officer now by Law authorized to administer or
receive such Declnration, or before some One of Her Majesty's
Ministers, Secretaries of Embassy, of Legation, or Consuls abroad,,
in the Words or to the Effect following ; {videlicet,)

* Y^'B. do solemnly and sincerely declare, That I belonged to. Form of De-
^ the of Militia when the same daration.

* was disembodied, and that I have continued to serve therein from

* that Time until the Day of inclusive,

* as a [Lieutenant, Ensign, Surgeon's Mate, or Assistant Surgeon,

^ as the Case may be"] ; and that I was not, in my own Right or in .
' the Right of my Wife, during any Part of the Period for which

* I now claim to receive my -Allowance, (that is to say,) from

* the Day of to the Day
' of both inclusive, in the actual Possession and

* Enjoyment or Receipt of the Rents and Profits of Lands, Tene-
^ ments, or Hereditaments of such an annual Value above Reprises

* as would qualify me to hold a Commission of Captain of a Com-

* pany in the MiUtia ; that I was not. in Holy Orders ; that I have

* not during the above Period held the Appointment of Adjutant,

* Surgeon, Paymaster, or Quartermaster in any Regiment, Bat-

* talion, or Corps of Militia; that I did not hold or enjoy, nor did
' any Person for me hold or enjoy, during the said Period, any
' Place, Ofiice, or Employment of Profit, Civil or Military, under

* the Crown or any other Government, besides the Allowance of
' a Day now claimed, except my Half Pay

* as a [of the Army or Navy or Marines,

* or of tL Provisional Battalion formed from the Militiii, as the Case

* may be,"] and any Pay and Allowances from the to

* the both Days inclusive, during which Period
' the Corps was assembled for Training and Exercise.'

Which Declaration, so taken and subscribed, shall be produced to
the Paymaster General of Her Majesty's Forces by the Subaltern
Officer, Surgeon's Mate, or Assistant Surgeon claiming the Al-
lowance.

X. It shall be lawful for the Secretary-at-War to place any Certain Officers
auch Lieutenant, Ensign, and Surgeon's Mate of the Militia of unfit for Duty
Great Britain, or Subaltern Officer and Assistant Surgeon of the ^^7 ^ P^?^
Militia of Ireland, when unfit for further Duty, upon a retired ^o^a^^
Allowance equal to and instead of the Allowance granted on the up^^ making
disembodying of the Militia at the Termination of the last War; Declaration,
and all such Subalterns, Surgeons Mates, and Assistant Surgeons,

to entitle them to the Receipt of such retired Allowance, shall
make and subscribe the following Declaration ; {videlicet,)

700

C. 109.

17* & 18* VICTOBIiE.

A.D.1854.

Form of De-
claratioD.

Allowances to
Officers re-
duced in 1829.

A Declaration
to be taken by
Officers claim-
ing the said
Allowances.

Form of I>e-
claration.

' T do Bolemnlj and sincerelj declare, That I

' formerlj served as a in the

* Militia ; that I am not in Holj Orders ; and that from the

< Daj of to the Day of I did
' not hold or enjoj anj Place or Employment of Profit, Civil or
' Military, under Her Miyesty, or in the Colonies or Possessions

* of Her Majesty beyond the Seas, or under any other Govem-
' ment, besides my Allowance of per Diem as a
' of the said Militia, except my Half Pay or Civil
' Pension as a .*

XI. The Allowances granted to certain Paymasters, Surgeons,
and Quartermasters of the Militia of Great Britain and Ireland^
on their being reduced, in pursuance of an Act passed in the Tenth
Year of the Reign of His Majesty King Gtorge the Fourth, shall
be issued and paid under the Restrictions and in the Manner
herein-after expressed, during the Continuance of this Act ; and
it shall be lawful for the Secretary-at-War to place any such
Paymaster, Surgeon, or Quartermaster, when unfit for further
Duty, upon a retired Allowance equal to and instead of his redooed
Allowance.

Xir. Every Paymaster, Surgeon, and Quartermaster of Militis,
who shall claim under the Authority of this Act to receive iny
Part of the said Allowances, shall, previous to receiving the samc^
and in order to entitle himself thereto, take and subscribe a Deck-
ration before some One of Her Majesty's Justices of the Peace in
the United Kingdom, or "Notary Public, or other Officer now by
Law authorized to administer or receive such Declaration, or
before some One of Her Majesty's Ministers, Secretaries of Em-
bassy, of Legation, or Consuls abroad, in the Words or to the
Effect following ; (that is to say,)
' T A.B. do solemnly and sincerely declare. That I was serving

* as [Paymaster, Surgeon, or Quartermaster, as the Caie m<q

* be] in the of Militia at the Reduction of
' the Staff of the said Militia in One thousand eight hundred and

< twenty-nine; and that I was not in Holy Orders during any

* Part of the Period for which I now claim to receive an Allow

* ance, that is to say, from the Day of

' One thousand eight hundred and to the

' Day of One thousand eight hundred and »

' and that I did not hold or enjoy, nor did any Person for me bold

* or enjoy, during any Part of the said Period, any Place, Office,

* or Employment of Profit, Civil or Military, under the Crown
' or any other Government, besides the Allowance of

' a Day now claimed, except my Half Pay as a

* [of the Krmy or Navy or Marines, or of a Provisional Battalion
' formed from the Militia, €u the Case may he\ and except mj
' Pay and Allowances from the to the

< both Days inclusive, during which Period the

< Militia was assembled for Training and Exereise.'

Which Declaration, so taken and subscribed, shall be produced to
the Paymaster General of Her Miyesty 's Forces by the Paymsster,
Surgeon, or Quartermaster claiming the Allowance: Provided
always, that any Paymaster, Surgeon, or Quartermaster receiving

such

A.D.1854. 17* & 18» VICTORIA. C. 109. 701

such Allowance, and being on Naval or Military Half Pay, or
entitled to any Allowance as having served in any of Her Majesty's
Regular Forces, or Navy or Marines, shall, notwithstanding such
Militia Allowance, be entitled to receive such Half Pay or
Allowance.

XIII. * And whereas certain Non-commissioned Officers and Oat-Pension to

* Drummers of the Militia of the United Kingdom of Great Reduced Non-

* Briiain and /retonrf have, on the Reduction of the Establishment commissioned

* of the Disembodied Staff, been placed on the Out-Pension, al- Jo b^^^*v^

* though not unfit for further Service:' No Non-commissioned while serving..
Officer or Drummer so placed on Pension shall be entitled to

receive the said Pension for any Period during which ho shall be
receiving Pay in the Militia.

XIV. Every Paymaster, Surgeon, or Quartermaster on the Subalterns,
reduced Allowance, and every Subaltern Officer, Surgeon's Mate, ^'^tes, &c. to
and Assistant Surgeon of the Militia, who shall be entitled or E^J^^ise^A
claim to be entitled to any Allowances as aforesaid, shall regularly '
attend the Exercise and Training of the Regiment, Battalion, or

Corps to which he belongs during the whole of the Time it shall
be assembled for that Purpose, and shall during the said Time
punctually do and perform his Duty as a Pajrmaster, Surgeon,
Quartermaster, Subaltern Officer, Surgeon's Mate, or Assistant
Surgeon of such Eegiment, Battalion, or Corps, on pain of for-
feiting the said Allowance, as well as all Arrears of the said
Allowance and of Pay, and a Certificate of his having so attended
and performed his Duty, signed by the Commanding Officer of the
Regiment, Battalion, or Corps to which he may belong, shall be
transmitted to the Paymaster General by the Officer claiming the
Allowance : Provided always, that in case any such Paymaster, Commanding
Surgeon, Quartermaster, Subaltern Officer, Surgeon's Mate, or Officers may
Assistant Surgeon claiming to be entitled to such Allowance shall 8™"^* Leave of
by his Commanding Officer be permitted or suflered, for any Absence,
special Cause or unavoidable Necessity, to be absent during the
whole or any Part of such Exercise, for which Purpose it shall be
lawful for such Commanding Officer to grant such Leave of Ab-
sence, then and in such Case it shall be lawful for such Paymaster,
Surgeon, Quartermaster, Subaltern Officer, Surgeon's Mate, or
Assistant Surgeon, who may be so permitted to be absent, and
have such Leave in Writing; to demand and receive the said
Allowances and every Part thereof in like Manner as if he had
attended during the whole of the said Exercise : Provided also,
that the Season for such Absence, as well as the Duration thereof,
shall be carefully and truly specified in a Certificate (in lieu of
that before mentioned) to be signed by the Commanding Officer,
and to be furnished as soon as conveniently may be to the Pay-
master General.

XV. Provided always, in case any Regiment, Battalion, or If Regiment be
Corps of Militia shall not, before the Time fixed for the Payment SSore Thne"'
of the said Allowances, be called out for the Exercise and Training g^e^ f^^ p_.
thereof, every Paymaster, Surgeon, Quartermaster, Subaltern ment,tlieAl-
Officer, Surgeon's Mate, and Assistant Surgeon belonging to any lowance shall
such Regiment, Battalion, or Corps, and coming within the afore- ^ Pf^^ ^
said Benefits of this Act, who shall have made and subscribed the J^i^ ^^ut
Declaration herein-before mentioned before any Justice of the Certificate of

Peace Attendance.

702

0.109.

17- & 18^ VICTORIES.

A.D.1854.

AllovanoeB
to be paid
<jnarteriy.

(>n Neglect of
Attendance,
Subalterns, &c.
shall forfeit
Allowance.

Allowance not
to be paid while
the Militia em-
bodied.

Act not to give
Right to Allow-
ances on future
Disembodi-
ment

Persons on
Half Pay, or
entitled to
Allowance as
having seryed
in the Army or
Navy, em-
powered to

Peace or other Person as tiforesard, shall be entitled to the said
Allowance as if he had regularly attended the Exercise ind
•"Training of such Regiment, Battalion, or Corps during the whole
of the Time by Law appointed for that Purpose, and as if a Cer-
tificate of such Attendance, signed by the Commanding Officer of
the Regiment, Battalion, or Corps', had been furnished.

XYL Upon such Declarations and Certificates as aforesaid, or
where any Regiment of Militia shall not have been called oat to
their Exercise as aforesaid, upon the said Declarations being pro-
duced to the Paymaster General, the Paymast4?r Greneral shidl pay
to the said Paymasters, Surgeons, Quartermasters, Subaltern Offi-
cers, Surgeons Mates, and Assistant Surgeons their respective
Allowances above mentioned for the usual quarterly or other
proper Periods, without any Deduction whatsoever, except Income
Tax.

XVII. The Paymasters, Surgeons, Quartermasters, Subahem
Officers, Surgeons Mates, and Assistant Surgeons of Militia, enti-
tled or claiming to be entitled to the aforesaid reduced or disem-
bodied Allowancesi shall at all Times be liable to serve in tbe
respective Regiments, Battalions, or Corps to which they belong
whenever the same shall be embodied and called out upon active
Service ; and in case of Neglect or Refusal to attend when called
upon, on such Occasion, or on such other Occasions as may be
required in pursuance of the Laws in force respecting the Militia
when disembodied, every such Paymaster, Surgeon, Quarter-
master, Subaltern Officer, Surgeon's Mate, and Assistant Surgeon
shall, on such Neglect or Refusal being certified to the Secretary*
at- War, and in respect of the Militia of Great Britain^ to the
Lord Lieutenant of the County, by the Colonel or other Com-
mandant of the Regiment, Battalion, or Corps to which such Fav-
master. Surgeon, Quartermaster, Subaltern Officer, Sui^eon's Mate,
or Assistant Surgeon shall belong, forfeit his Claim to the said
Allowance and every Part thereof, and shall also be considered as
having resigned and vacated his Commission to all Intents aod
Purposes whatsoever.

XVIII. Nothing in this Act contained shall extend or be con-
strued to extend to entitle any Paymaster, Sui^eon, Quartermaster,
Subaltern Offic^jr, Surgeon's Mate, or Assistant Surgeon as afore-
said to any such Allowance as aforesaid or any Part thereof
during the Time the Militia to which he belongs shall be em-
bodied or assembled for Training and £xercise.

XIX. Nothing hercin-before contained shall be construed to
entitle any Paymaster, Surgeon, Quartermaster, Subaltern Officer,
Surgeon's Mate, or Assistant Surgeon, now or hereafter serving
in any Regiment, Battalion, or Corps of Militia now or hereafter
to be embodied, to any Allowance in respect of such Service upon
the disembodying of such Regiment, Battalion, or Corps.

XX. Provided always, That any Person, being on Naval or
Military Half Pay, or being entitled to any Allowance as having
served in any of Her Majesty's Regular Forces or Navy or 3Ia-
rines, and serving in the Militia, may receive the Piy and Allov-
ances by this Act directed to be paid to the Field Officers, Cap-
tains, Lieutenants, Ensigns, Adjutants, Quartermasters, Suigeoitf)
Sui^geons Mates> and Assistant Surgeons^ when assembled for

inr.M.il

.A.D.1854. 17^ & 18*^ VICTORIiE. 0.109. 703

annual Training ; and the receiving any such Pay and Allowances receive Fay,
•by any such Field Officer, Captain, Lieutenant, Ensign, Adjutant, &c. during
Quartermaster, Surgeon, Surgeon's Mate, or Assistant Surgeon, Training.
shall not prevent such Person on Half Pay, or being entitled to
-any such Allowance, from receiving his Half Pay or such Allow-
ance : Provided also, that such Person shall, in the Declaration to
"be taken for the Receipt of the Half Pay or such Allowance,
declare that he has received or is entitled to such Militia Pay
and Allowances, and shall specify the Militia Rank which entitles
bicn to the same.

XXI. Provided always, That no Adjutant, Quartermaster, Non- Adjutants, &c.
commissioned Officer, Drummer, or Private Man in the Regular Non-commis-
MilJtia, entitled to receive any Chelsea or KUmainham Pension ^l^priv^^not
or Allowance on account of Service in the Regular Army, shall ^ IosTrI^M**
forfeit or lose his Right to the same by reason of his serving and to ChelseiTor
-receiving Pay in the Regular Militia ; nor shall any Quarter- Kilmainham
master, Subaltern Officer, Surgeon's Mate, or Assistant Surgeon Pensions, &c.
forfeit or lose his Right to receive any such Chelsea or KUmainham

Pension or Allowance by reason of his receiving the Allowance
by this Act granted to him when disembodied.

XXII. There shall be granted for each Regiment of Regular Allowance to be
-Militia, when disembodied, a Sum of Money after the Rate of One made for Medi-
Guinea for every One hundred Men of each such Regiment, for ^^^^^

the Expense of necessary Medicines for the sick Non-commissioned
Officers, Drummers, Fifers, and Private Men of such Regiment,
during the Period or Periods of Assembly for Exercise or Train-
ing, and also an Allowance of Twopence per Week, for each of
the Non-commissioned Officers and their Families of each Regi-
ment on the Disembodied Staff at Head Quarters, for the Expenses
of necessary Medicines and Attendance given to the said Non-
commissioned Officers and their Families while such Regiment
is not called out for Training and Exercise.

• XXIII. Every Adjutant of Regular Militia appointed as such Adjutants ap-
before the Twenty-fourth Day of December One thousand eight pointed before
hundred and fourteen, who ^hall have served faithfully, either in ^^*^®^' ^^^^
Her Majesty's Regular Forces or in the Regular or Local Militia, ^v^ ^^j. ^
for the full Term of Twenty Years in the whole, whereof Ten service of 20
shall have been in Service as an Adjutant of Regular Militia, and Years, if unfit
who shall be by Age or Infirmity rendered unfit for further Ser- for further Ser-
.▼ice, shall, on producing to the Secretary-at-War a Certificate of ^^^* *^ Allow-
such Service of Twenty Years as aforesaid from the Commanding ??^ ^ ro *d^d
Officers of the different Corps to which ho shall have belonged, they ^ not
and upon obtaining an Order from the Secretary-at-\Var founded hold certain
upon such Certificate, be entitled to receive, and the Paymaster other Appoinu
General shall pay to such Person, an Allowance at the Rate of ^™^'^**-
Eight Shillings per Diem : Provided always, that no Person shall
be entitled to receive such Allowance as aforesaid who shall hold
any Military Office or Employment of Profit under Her Majesty
or any other Government ; and that no Person who before the
First Day of June One thousand eight hundred and twenty-nine
held any Civil Place or Employment of Profit under the Crown,
or in the Colonies or Possessions of Her Majesty beyond the Seas,
or under any other Government, shall receive any Part of the said
Allowance for any Time during which he held such Civil Place or

Employment,

704

C.109.

17* & 18 • VICTORIA-

A.D.lgS4.

Adjutant ap-
pointed smce
24th Dec 1814
entitled to
receive, after
Thirty Years '
Service, &c., an
Allo'wance of
6*. per Day.

Right to Half
Pay reserved.

Certain Terms
extended to
Adjutants in
Cases of long
and meritorious
Services.

Allowances
to Adjutants,
Surgeons, and
Quarter-
masters.

Beduced Adju-
tants to receive
4s. per Day till
31st July 1855.

Employment, except in the Cases in which the Emolaments of
such Civil Place or Employment shall not exceed Three Times
the Amount of the said Allowance, and unless in such excepted
Cases the Royal Consent to the holding of such Civil PUiee or
Employment shall have been signified through the Secretary-at-
War ; and tdat no Person appointed on or after the First Day of
June One thousand eight hundred and twenty-nine to anj Civil
Place or Employment of Profit under Her Majesty, or in the
Colonies or Possessions of Her Majesty beyond the- Seas^ or under
any other Government, shall receive any Part of the suid Allow-
ance for any Time during which he shall hold such Civil Place or
Employment : Provided also, that any Adjutant appointed after the
Twenty-fourth Day of December One thousand eiglit hundred sod
fourteen, who shall have served faithfully, either in Her Majesty s
Regular Forces or in the Regular or Local Militia, for the fall
Term of Thirty Years in the whole, whereof Fifteen shall hiye
been in Service as an Adjutant of Regular Militia, and who shill
be by Age or Infirmity rendered unfit for further Service, shall,
upon producing to the Secretary-at-War a Certificate of sach
Service of Thirty Years as aforesaid from the Commanding
Ofiicers of the different Corps to which he shall have belonged,
and upon an Order from the Secrotary-at-War founded upon soch
Certificate, be entitled to receive an Allowance at the Rate of Six
Shillings a Day, in like Manner and subject to the same Restrie-
tions and Conditions as the aforesaid Allowance of Eight Shil-
lings : Provided also, that no such Adjutant shall lose any Right
he may have to Half Pay or OUt-Pension by reason of receiving
such Allowance of Eight Shillings or Six Shillings a Day as afore-
said, but shall be entitled to receive such Half Pay or Out-Pension
as well as such Allowance : Provided also^ that in Cases of vciy
long and meritorious Services it shall be lawful for the Secre*
tary-at-War to extend to any Adjutants appointed between the
Twenty-fourth Day of December One thousand eight hundred and
fourteen and the Ninth Day of Juli/ One thousand eight hundred
and twenty- three the Terms, either in whole or in part, herein-
before prescribed for the Retirement of Adjutants appointed
before the Twenty-fourth Day of December One thousand eight
hundred and fourteen.

XXIV. * And whereas certain Allowances have been granted in
* pursuance of former Acts to Adjutants, Surgeons, and Quarter-
' masters of Regular Militia who have by Age or Infirmity been
' rendered unfit for further Service :' Such Allowances shall be
issued and paid, during the Continuance of this Act, in like
Manner and subject to the same Restrictions as the Allowances
granted by this Act to Adjutants who shall by Age or Infinnitj
be rendered unfit for further Service : Provided always, that no
Person receiving such Allowance shall by reason thereof forfeit
his Right to any Half Pay to which he may be entitled.

XXV. In case any Regiment, Battalion, or Corps of Militia
shall have already ceased and determined or been reduced in its
Establishment) or shall cease and determine or be reduced in its
Establishment during the Continuance of this Act, the Son of
Four Shillings per Diem shall be paid to such Person as was or
shall be actually serving as Adjutant to such Regimenly Batti-

liott,

A.D. 1854, .V & 18** VICTORIiE. C. 109. 705

lion, or Corps at the Time of Redaction, from the Thirtj-first
Day of July One thousand eight hundred and fifty-four, or from
the Time such Regiment shall cease and determine or be reduced
in its Establishment, (as the Case may be,) to the Thirty-first
Day of July One thousand eight hundred and fifty-five, in like
Maoiner and subject to the same Restrictions and Conditions as
the Allowances granted by this Act to Adjutants who shall by
Age or Infirmity be rendered unfit for further Service : Provided Right to Half
always, that no such reduced Adjutant shall lose any Right he Pay reserved.
may have to Half Pay of the Navy, Army, Marines, or Provi-
sional Battalion formed from the Militia, by reason of receiving
auch Allowance as last aforesaid, bufr shall be entitled to receive
such Half Pay as well as such Allowance.
XXVL ' And whereas certain Adjutants and Serjeant Majors A^jatants and

* are entitled to and have received certain Allowances in con- SeijeantMiyors
' sequence of having been reduced under the Provisions of an Act ^.f *'®^ *^

* psBsed in the Thirty-ninth and Fortieth Years of the Reig^ of J„JdeT^*& 4o
^ King George the Third, which Allowances have been continued, g. 3. c 44.

^ and as to such Adjutants augmented to Four Shillings per
' Diem:^ All such Adjutants and Serjeant Majors shall be en-
titled to receive and shall receive such Allowance from the
Thirty-first Day of July One thousand eight hundred and fifty-
four to the Thirty-first Day of July One thousand eight hundred
and fifty-five.

XXVII. The following Allowances shall be granted and paid, Allowances
under the Restrictions and Limitations herein-after expressed, to granted to
Adjutants of the Militia, of Great Britain and Ireland who have Adjutants who
been appointed since the Twenty-fourth Day of December One ^^^^^^^ *^
thousand eight hundred and fourteen, and who shall hereafter be 24th Dec lTl4
appointed, on the Completion of the following Periods of Service &c. on Corn-
in Her Majesty's Regular Forces and in the Militia, if unfit for the pletlon of
Performance of the Duties of their Commissions ; (that is to say,) certain Periods

To every Adjutant who shall have completed in the Service a of Service.
Period of, {videlicet,)

Fifteen Years, of which Five Years as an Adjutant of Militia,
an Allowance of Three Shillingsi;cr Diem:

Twenty Years, of which Seven I ears as an Adjutant of
Militia, an Allowance of Four Shillingsper Diem:

Twenty-five Years, of which Ten Years as an Adjutant of
Militia, an Allowance of Five Shillings per Diem:

Thirty Years, of which Fifteen Years as an Adjutant of
Militia, an Allowance of Six Shillings /7er Diem:
Provided always, that no such Adjutant whose Commission bears No Adjutant
Date between the Twenty-fourth Day of December One thousand "whoBc Commis-
eight hundred and fourteen and the Ninth Day of July One »ion bears Date
thousand eight hundred and twenty-three shall be excluded from ^^^^su^imd
the Operation of the Authority vested in the Secretary-at-War to 9^1, j„iy ig23
determine certain Cases of Adjutants of long and meritorious excluded.
Services; provided also, that such Adjutants shall retain any
Right they may have to Half Pay or to Out-Pension, notwith- Right to Half
standing the Grant of such retired Allowance as aforesaid ; and ^"y ^^ ^^
all SQoh Allowances shall be granted upon the Production to the '*^" reserved.
Secretaiy-at-War of a Certificate of such Service and Disability;
and the Paymaster General shall pay to such Adjutant the above

17 & 18 Vict. Z z Allowance,

9t>6

C. 109.

l?** & 18« VICTORIA

A.Da85i

B«dnoed Ad-
jntKstiinay
take suoii Al-
lowance with
any Payor
• oOier Allow-
ance under
39 & 40 Q. 3.
c 44. and
26 0.3. c 107.

FroTua

Bestrictioiis as
to Allowances
to reduced Ad-
jutants of the
Local Mihtia.

Allowance to
Clerks of
General Meet-
ings, &c.

Manner of
granting
Allowances. '

Allowance, subject to the same Limitations and RestrictionB in j
respect to the holding of any Civil Pkoe or Employment of Profit
under the Crown, or in the Colonies or Possessions of Her Majesty
beyond the Seas, or under any other Government, as attach to
other Adjutants to whom retired Allowances have b^n or dkall
be granted.

XXVIII. Every reduced Adjutant entitled to any Allowance
granted under the said Act of the Thirty-ninth and Fortieth
Years of the Reign of King George the Third, and continued by
any subsequent Act or by this Act, may receive such Allowance,
together with any Full Pay, Half Pay, or Allowance which wa»
tenable together with such* reduced Allowance under theProfi»
sions of an Act passed in the Twenty-sixth Year of the Reign
of King George the Third, intituled An Act far amending tmd
reducing inio One Act of Parliament the Laws relating to ^
MiliHa in that Part of Great Britain called England, or under
the .Provisions of the aforesaid Act of the Thirty- ninth aiadPor- |
tieth Years of the Reign of His Majesty King George the Tliird:
Provided always, that no such reduced Adjutant shall be entitled

to receive any Allowance under this Act during the Time he shall
hold any MiUtary Office of Profit under Her Majesty, other than
such as aforesaid, or under any other Government, or any Civil
Office or Employment under Her Majesty, or any other Gov»n-
ment, otherwise than according to the Provisions of this Act in
relation to the Allowances granted to Adjutants on account of
Age or Infirmity.

XXIX. * And whereas certain Allowances have been granted
* toreduced Adjutants of the Local Militia:' The said Allowances
shall be issued and paid during the Continuance of this Act in
like Manner and subject to the same Restrictions as the Allow-
ances of the Paymasters, Surgeons, and Quartermasters of the
Regular Militia who were reduced in the Year One thousand eight
hundred and twenty-nine : Provided always, that in the Cases in
which any such Local Militia Adjutants have been permitted to
receive the said Allowances whilst holding any Civil Offices under
the Crown, to which Offices they had been appointed previously
to the Twenty-eighth Day of Jtdg One thousand eight hundred
and twenty-eight, it shall be lawful to continue the Payment of
the said Allowances under the same Regulations and Restrictions
as those under which the Permission was originally granted.

XXX. Where the Militia is raised by Ballot in Great Britain.
Allowances shall be made and issued to the Clerks of General and
Subdivision Meetings of Lieutenancy and others mentioned in
Schedule A. to this Act for their Trouble and Expenses in the
Execution of the Laws relating to the Militia at the Rates men-
tioned in the same Schedule ; and where the Militia is raised in

*the United Kingdom otherwise than by Ballot, Allowances shaU
be made and issued to the Clerks of General Meetings for their
Trouble and Expenses in the Execution of such Laws at the
Rates mentioned in the Schedule B. to this Act

XXXI. The said Allowances shall be granted as follows?
Omdelicet,) the Account shall be certified by the Lieuteniint ofibe
County, Stewartry, City, or Place, or by Two or more Deputy
Lieutenants acting for such County, Stewartry, City, or Place, or

^7

JLDLldSi. ir & 18 ° VICTORIES. XJ. 10&. (TOT

by the Lord Warded of the Stannaries of Cornwall and DevaHy or

bj Two or more Deputy Wardens of the Stannaries of Comvfott

snd Devon ; and the Clerks of Greneral and Subdivision Meetings Gerka, &c to

in Great Britain^ and the Schoolmasters, Constables, and other makeDedara-

Ofloers in Scotland, shall make a Declaration as to the Justness T??Lfi?L

of the Accounts, in the following Terms respectivelj, before some ^j^^ Apooaata

Jtistice of the Peace ; (videlicet,)

Declaration of a Clerk of General or Subdivision Meetings.
' T do solemnly declare, That the preceding

f Account, so far as regards my Interest therein, is a just and

* true Account of Business performed by me for and in behalf of
' the public Service, according to the Manner therein set forth ;

i. and the Sums claimed as disbursed were actually paid by me.' > ' •*

^DeHaration of a Schoolmaster, Constable, or other Officer in

Scotland.

* J do solemnly declare. That I am thi

* * Parochial Schoolmaster [or Constable or other Officer^ of the

* District of in the Sub:

* division of the County of ; and that the pre-

' ceding Account is a just and true Account of Business actually \ .

* performed by myself for and in behalf of the public Services^

* according to the Manner therein set forth ; and that I was em- • '
' ployed on such Business the full Time therein stated ; and that

* the Sums claimed as disbursed were actually paid by me.*
And the said Accounts shall be transmitted to the Secretary-at-
'War, who is hereby empowered to issue the Allowances according
to the Rates specified in the respective Tables to this Act annexed,
or such Sums as he shall think reasonable and proper.

XXXII. ' And whereas it is expedient that the Deputy Lieu- Deputy lieu-

* tenants acting in any Subdivision of any County, Stewartry, tenants may

f City, or Place in Great Britain, and the Special Deputy War- aJ^j?® ^

* dens acting in any Subdivision in the Stannaries of the Counties ^ Snraeon
^ of Comtoall and Devon, should be assisted by the Advice of a redding near

* Surgeon in deciding upon the Appeals of Persons claiming to be the Place of

* exempt from compulsory Service in the Militia by reason of Meeting for

* bodily. Infirmity, and upon the Fitness for Service of the Per- ^W^'^

* sons presenting themselves for Enrolment:' It shall be lawful
for any Two Deputy Lieutenants and they are hereby empowered
and required to summon, by Two Days previous Notice in Writing,
any competent Surgeon residing at or nearest to the Place where
any Meeting for Appeals or Enrolment shall be held, to attend at
such Meeting ; and every such Surgeon shall, before he begins
%aj such Examination, make the following Declaration, which
Declaration any Deputy Lieutenant is hereby authorized to ad-
minister ; (videlicet,)

.^ T.. * do solemnly declare. That I will, to Declaration to

' the best of my Ability, faithfully and truly report as to the be made by

* Fitness for Service of the Man or Men about to be submitted Surgeon.
^ to my Examination, and that I will not receive from any of

* thetn any Fee or Reward whatever for any such Examination.'

And every such Surgeon shall receive for each Day's Attendance Allowance to
at such Meeting a Sum not less than Half a Guinea nor exceeding Snigeon.

Zz 2 Two

709 C. 109. 17*^ & 18« VICTOELE. AJ)J854.

Two Guineas, according to the Extent of the Datj perfomed:
Provided always, that the Accounts and Vouchers upon wldch
the said Allowances shall be recommended bj the Deputj Liea-
tenants of the respective Subdivisions shall be transmitted to the
Secretary^at-War, with the Accounts of the Lieutenancy Clerks,
for Examination and Payment.
Pay. &<^*o ^ XXXIII. All Sums of Money granted for the Pay, Clothing,
gJJ|^^^5|^^ contingent and other Expenses, and for the Allowances to the
the Secretary- Officers and Men of the Regular and Local Militia, when dis-
at-War. embodied, shall be issued and paid under the Direction of tlie

Secretary-at-War, by the Acceptance of Bills or otherwise, ac-
cording to such Regulations as have been or shall be established
on that Head.
Billi drawn for XXXIV. All Bills, Drafts, and Orders drawn for Pay or Al-
Pl»y, &C. may lowances under. this Act may be drawn upon unstamped Paper;
stemp^Paper. ^^^ "^ ^^^^ ^^^^' Draft, or Order shall be void by reason of

being drawn or written on unstamped Paper.
No Fee to be XXXVl No Fee or Gratuity whatsoever shall be given or paid

^^^^ for or upon account of any Warrant or Sum of Money which diall

be issued in relation to or in pursuance of this Act!
AU Things in XXX VL All Things in this Act contained rekting to Coantiefl^
this Act re- and to Regiments of Militia respectively, shall be construed to
iS^aSexteSld ^^^^^ ^ *^^ Ridings, Shires, Stewartries, Cities, and Places, and
to Ridings, &c ^ ^ Battalions, Corps, and independent Companies respectivdj,

and to the Corps of Miners of Cornwall and Devon,
Conthiuance of XXXVII. This Act shall take effect and continue in force
^^ from the Thirty-first Day of July One thousand eight hundred

and fifty-four until the First Day of September One thousand
eight hundred and fifty-five.

SCHEDULES to which this Act refers.

SCHEDULE A.

Scale of Rates of Remuneration to the Clerks of General uid
Subdivision Meetings of Lieutenancy in Great Britain, in-
cluding the Clerks of the Tower Hamlets and the Stannaries
of Cornwall and Devon, and to Schoolmasters, Constables, and
other Officers in Scotland, for carrying into execution the Acts
relating to the Militia when the Militia are raised by BaUot

ALLOWANCES to the CLERKS op GENERAL
MEETINGS.

1. For Trouble in calling a General Meeting by £ s, d.

Circular Letters or Advertisements (no sepa-
rate Charge being made for writing the Let-
ters or framing the Advertisements) - - 0 7 6

2. For attending General Meetings at which the

Statutory Quorum of Lieutenancy shall he pre-
sent, each - - - 1-550
For each Meeting which shall be necessarily ad-
journed by the Clerk in consequence of the
Absence of the Lord Lieutenant or Deputy
Lieutenants - - - --I116
Which Allowances are to be in full for en-
grossing Minutes^ &c.

3. For

A.D.1854. V & 18« VICTOBLiE. C. 109. 709

3. For filling up printed Precepts to the High or £ s. d.

Chief Constable of each Subdivision, Hundred,
Lathe, Rape, or Wapentake in England and
Wales, including the. Tower Hamlets, and the
Stannaries of Cornwall and' Devon, to return
Lists, each - - - --006

For filling up printed Precepts to the School-
masters, Chief Constables, or other Officers in
Scotland to return Lists, each - - - 0 0 6

4. For writing the annual Advertisements for regu*

lating, arranging, and fixing the First Sub-
division Meeting of the Deputy Lieutenants
for receiving the Parochial Lists and hearing
Appeals - - - - -076

o. For arranging Subdivision Lists and making
Abstracts thereof, Schedule (D.), for the Privy
Council, the Secretary of State, and the Se-
cretary-at-War (the latter Copy to be annexed
to the Clerk's Accounts as a Voucher) ; videlicet,
Li Counties furnishing a Quota of 200 Men
or under in the original Number of the
Militia - - - - - 2* 2 0

In Counties furnishing from 201 to 400 Men 3 3 0
Ditto . - from 401 to 600 Men 4 4 0
Ditto - - from 601 to 800 Men 6 5 0
Ditto - - from 801 Men and

upwards - - - - 6 6 0

6. For striking the Proportion of Men to serve for

the several Hundreds, Rapes, Lathes, Wapen-
takes, or other Divisions of a County in Eng-
land and Wales, and for each respective Parish
or other Division of a County or Stewartry in
Scotland, under the several Acts, of Parliament
relating to the Regular Militia, when necessary
to be done :
Li Counties furnishing a Quota of 200 Men

or under - - - - 1 1 O

Ditto - - from 201 to 400 Men 2 2 0
Ditto - - from 401 to 600 Men 3 3 0
Ditto - - from 601 to 800 Men 4 4 0
Ditto - - from 801 Men and

upwards - - - - 5 5 0

7. For Trouble in engrossing in a Book the Names

of the Men contained in each Subdivision Re-
turn of Enrolment, Schedule (E.) :

For engrossing 50 Names and under - - 0 5 0

Ditto - 61 to 150 Names - - 0 10 0

Ditto - 151 to 250 Names - - 1 0 0

Ditto 251 Names and upwards - - 1 10 0

8. For drawing out fair Copy of the Lord Lieu-

tenant's annual Return of the Militia for the
Coontyy containing the Nnmberi Names, and

Zz 3 Bank

71Q C.109- 17'&18°VICTORLaE. AD.1864.

Bank of the Officers, and the Number of the £ s, (L
Non-commissioned Officers, Drummers, and
Private Men :

In Counties famishing One Regiment, Bat-
talion, or Corps - - - - 0 15 0
Ditto - - Two . Ditto - 1 10 0
Ditto - - Three - Ditto - 2 0 0
No separate Charge being made for Atten-
dance jupon the Lord Lieutenant or Deputy
Lieutenants for his or their Signatures
thereto.

Note. — This Allowance is of course only
chargeable by the General Clerks for
those Counties in Scotland which fur-
nish the greatest Proportioti of Men
towards the Formation of the Regi-
ment, Battalion, or Corps.

9. For Stationery :

To the Clerk of General Meetings in a County

where the Number in the original Quota of

the Militia is under 300 Men - - - 2 0 0

Ditto - from 301 to 600 Men - 3 0 0

Ditto - from 601 to 900 Men - 4 0 0

Ditto - from 901 Men and upwards- .S 0 0

10. For Copjdngs, Correspondence, &c. &c. :

, To the Clerk of the General Meetings in a

Cooaiy where the t Number of the original
Quota of the Militia is 200 Men or under - 2 0 0
In a County furnishing from 201 to 400 Men - 3 0 0
Ditto - - from 401 to 600 Men- 4 0 0
Ditto - - from 601 to 800 Men - 5 0 0

Ditto - - from 801 Men and up-

wards - - - - -600

11. The actual Amount expended for printing and
publishing the Advertisements, for Postages,
Expresses, and Messengers, to be allowed upon
an Account, specifying each Article of Postage,
&c., certified specially by the Lieutenancy whose
Certificate shall state that the same were neces-
sary and actually performed.

The Charge for printing and publishing
Advertisements is invariably to be sup-
ported by the Receipt of the Person to
whom paid.

Traxninq and Exercise.

12. For filling up printed Notices to the Clerks of

Subdivision Meetings of the Time and Place
fixed by the Lord Lieutenant or Deputy Lieu-
tenants for assembling the Militia to be trained
and exercised, each Notice - - • 0 0 6

13. For making out correct Abstracts from the
Adjutant's or other Commanding Officer's Be*
tuTUB, Schedule (F.), in the Form Schedale<G.>

AJ>.18fi4w 17^^ & 18« VICTORIA C.109. 711

for Her Majesly's Secretary of State for the £ s, d.
Home Department in Counties in England and
Scotland famishing a Quota towards the For-
mation of an entire Regiment or Battalion - 10 0
In Counties in England^ Wales, and Scotland
furnishing One Regiment, Battalion, or
Corps - - - - - 2 0 0

Ditto . Two - Ditto- 3 0 0

Ditto - Three - Ditto- 4 0 0

ALLOWANCES to CLERKS of SUBDIVISION
MEETINGS.

14. For Trouble in calling a Subdivision Meeting by

Advertisement, no separate Charge being made
for writing Letters or framing Advertisement- 0 5 0
Or for calling a Meeting by Circular Letters to
the Deputy Lieutenants, the Adjutant, or other
Commanding Officer, (no Charge being made
for the Draft,) for each Letter - - 0 1 0

15. For attending Subdivision Meetings, for each
of the Three first or principal Meetings at
which the Statutory Quorum of Lieutenancy
shall be present ; videlicet,

For receiving Lists and hearing Appeals,
For balloting,
For enrolling,

And for the Meeting held to apportion the
Deficiencies among the Parishes, et cetera,
when necessary to be done ; and also for
calling out the Quota or Apportionment of
the Subdivision to be trained and exercised,
which Allowance shall be in full for en-
grossing Minutes and making up Lists - 2 2 0
And for each Meeeting held by Adjournment to
complete the Business of any or either of the
Three first or principal Meetings above enume-
rated, which Allowance shall be in full for
engrossing Miqutes and making up Lists - 15 0
And for each Meeting which shall have been
summoned, but which is necessarily postponed
by the Subdivision Clerk in consequence of the
Absence of the Deputy Lientenant - - 0 15 0

16. For filling up printed Precepts to the Chief or

High Constables in England and Wales, in-
cluding the Tower HamletA and Stannaries of
Cornwall and Devon, to give Notice of the
Number of Men apportioned to serve for each
Parish, and to issue out their Orders to the
Petty Constables to serve Notices upon balloted
Men, each Precept - - - - 0 0 6

AndforfiUing up printed Precepts to the School-
mastera» Chief Constables, or other Officers in
Scotland, for the Performance of similar Duty^
each Precept - - - - 0 0 6

Z z 4 17. Fcr

712 a 109. 17 ^ & 18« VICTOKLaS. A.D.185t

17. For Trouble in amending the Returns of Per-
sons liable to serve in the Regular Militim bj
taking out the Names of all Persons who maj
appeal, and whose Appeals or Claims of Exemp-
tion have been allowed, and inserting the Names
of any Persons that have been omitted to be
inserted, and in numbering the Returns, and
making out the Tickets for the balloting, after
the Rate of Two Pounds for every One thou-
sand Names of Persons returned liable to serve,
and so in proportion for a greater or smaller
Number of Men - - - - ^2 per 1,000

18. For making out the annual Abstracts of
Lists, Schedule (C), for the Use of the Clerk
of Genernl Meetings, where the original

Quota or Apportionment of the Subdivision £ f. d.

is - • 60 Men and under - - 2 2 0

Ditto from 51 to 150 Men - - 3 3 0

Ditto from 151 to 250 Men - - 4 4 0

Ditto from 251 Men and upwards - 5 5 0

19. For making out fair and true Copies of Lists of
Men enrolled for each Subdivision of a County
in Great Britain, including the Tower Hamlets
and the Stannaries of Cornwall and Devon, for
the Use of the Clerk of General Meetings, Sche-
dule (E.), and the Colonel or Commandant of
the Regiment of the County ; (videlicet,)

For a Roll containing 50 Names and under,- 0 5 0

Ditto from 51 to 150 Names - **w 0 10 0

Ditto from 151 to 250 Names - - 0 15 0

' Dittofrom 251 Names and upwards - 10 0

20. For Stationery to the Clerk of a Subdivision
furnishing Men towards the Quota of a County
in the following Proportions ; (videlicet,)

For a Subdivision furnishing 50 Men and

under - - - - 1 10 0

Dittofrom 51 to 150 Men - -200

Dittofrom 151 to 250 Men - - 2 10 0

Ditto from 251 Men and upwards - 3 0 0

21. For Correspondence, Copyings, et cetera, to the

Clerk of a Subdivision furnishing Men towards
the Quota of a County in the following Propor-
tions ; (videlicet,)

For a Subdivision furnishing 50 Men and

under - - - -200

Ditto from 51 to 150 Men - - 3 0 0

Ditto from 151 to 250 Men - - 4 0 0

^ DittQ from^251 Men and upwards - S 0 0

22. The actual Amount expended for printing and
publishing Advertisements, for Postage, Ex-
presses, and Messengers, to be allowed upon an
Account specifying each Article of Postage^

»d

A.D.1854. 17- & 18« VICTOBIiE. C. 109. 718

and specially certified by the Lieutenancy, £ «• d.

whose Certificate shall state that the same was

necessary and actually performed.

The Charge for printing and publishing
Advertisements is invariably to be sup-
ported by the Receipt of the Person to
whom paid.

23. For Trouble in apportioning and distributing
to the Constables of the several Townships,
Parishes, et cetera, within the Limits of the
Subdivision, the various Forms of Schedules,
et cetera :

For a Subdivision furnishing 50 Men and

under - - - --050

Ditto from 51 to 150 Men . 0 10 0
Ditto from 151 to 250 Men - 0 15 0
Ditto from 25 1 Men and upwards 10 0

Training and Exercise.

24. For filling up printed Precepts to the High or
Chief Constable in each Subdivision of any
County in England and Wales, including the
Tower Hamlets and the Stannaries of Corn-
wall and Devon, to issue out their Warrants to
the Petty Constables, Tithingmen, or other
Officers within their respective Hundreds to
give Notice in Writing to the Men enrolled to
attend the Training and Exercise of the Militia :

For each Precept containing 50 Names and

under - - - -050.

Ditto from 51 to 150 Names - 0 10 0
Ditto from 151 to 250 Named - 0 15 0
Ditto from 251 Names and upwards 10 0
And for filling up printed Precepts to the Chief
Constables, and to the Schoolmasters, Con-
stables, or other Officers of the Parishes within
the Subdivision of any County, Stewartry, City,
or Place in Scotland, to give Notice in Writing
to the Men enrolled to attend the Training and
Exercise of the Militia :
For each Precept containing 10 Names and

under - - - - - 0 0 6

Ditto from 1 1 to ao Names - 0 1 0
Ditto from 31 to 50 Names - 0 2 6
Ditto from 51 to 70 Names - 0 4 0
Ditto from 71 to 100 Names - 0 7 0
Ditto from 100 upwards - - 0 10 0

25. For making out full and true Lists of the Names

and Dates of Enrolment of all Persons enrolled
within each Subdivision respectively, for the
Use of the Commanding Officer and A^utant
of each Reg^ent^ Battalion, or Corps of any

County

714; aioft, nrsc J8« viCTOKLai;.. a.d.i85l

Countjy Stewartrj, Citj, or Place in Great £ t. d,

Britaiiiy preyiooslj to the Tnuning and £xer*

cise:

For a Roll containing 20 Names aod under 0 2 0

Ditto from 21 to 50 Names - 0 5 0

Ditto from 51 to 150 Names - 0 10 0

Ditto from 151 to 250 Names - 0 15 0

Ditto from 251 and upwards - 10 0

26. For correcting the Books of Enrolment of the

Subdivision so as to correspond accurately with
the Extracts from the Adjutant's or other Com-
manding OflScer's Return, Schedule (F.), of the
State of the Classes of the Men forming the
Quota or Apportionment serving in the Re-
giment, Battalion, or Corps of Militia of any
County, Stewartry, City, or Place in Great
Britain :

For a Subdivision furnishing 50 Men and

under - - - - 0 5 0

Ditto from 51 to 150 Men - 0 10 0

Ditto from 151 to 250 Men - 0 15 0

Ditto from 251 and upwards' - 1 0 0

ALLOWANCES to SCHOOLMASTERS m SCOTLAND.

27. For filling up and delivering Notices to Hoase-

holders, for each Day consisting of Eight

Hours - - - - 0 5 0

28. For making out Lists, for each Folio consisting

of Sixty Lines - - - *• 0 1 0

29. For attending Meetings of Lieutenancy, each

Meeting - - - . 0 10 0

30. For filling up and delivering Notices to balloted

Men, per Day - - - - 0 5 0

31. For Stationery, per Annum - - 0 5 0

ALLOWANCES to CONSTABLES in SCOTLAND.

32. For filling up and delivering Notices to House-

holders, for each Day consisting of Eight

Hours - - - - 0 4 0

33. For making out Lists, for each Folio consisting

of Sixty Lines - - - - 0 1 0

34. For attending each Meeting of Lieutenancy, per

Day - - - -.040

' 35. For filling up and delivering Notices to balloted

and enrolled Men, per Day - - 0 4 0

36. For Stationery, where the Lists are made out

by the Constables, per Annum - - 0 5 0

SPECLAL CONTINGENT ALLOWANCES api)Ucable to
the Clerks of General Subdivision Meetings of JUeutenancj
respectively.

37. When it is nepessazr to call the Person from a. Distance to
perform the Duty of a General or Sal^-dividon Clo'k, sueh

Penoo

A.IX1854; 17*^ & 18' ViCTOBIiB. C. 109, 110, »M

Person shall have an Allowance for his traYolling Expenses
not exceeding Ninepence per Mile, and the Expenses of
Tolls and Ferrj Monej; but the Particulars of such Ex*
penses shall be specified in a Statement, and certified by ,
the Lieutenancy, and transmitted in support of the Charge
in the Clerk's Annual Account. '

38. The Expense necessarily incurred for the Use of the Room
at the Place of Meeting to be allowed upon the Production
of the Receipt of the Person to whom the same may be
paid.

SCHEDULE B.

Scale of Rates of Remuneration to the Clerks of General Meet-
ings for any Duty they may be required to perform under the
Acts relating to the Militia, or by Her Majesty's Secretary of
State, or (in Ireland) by the Lord Lieutenant, in execution of
the Provisions of such Acts when the Militia is raised other-
wise than by Ballot.

CLERKS OP GENERAL MEETINGS.

For Trouble in executing the Duty required of them
including Copyings, Correspondence and Sta-
tionery:

In Counties where the Quota does not exceed
2CX) - - - -

Where the Quota is

Above 200 and not exceeding 400
Above 400, and not exceeding 500
And where the Quota exceeds 500, the following
Additions for every 100, or fractional Part of 100 :
Above 500, and not exceeding 1,000
Above 1,000, and not exceeding 2,000
Above 2,000, and not exceeding 3,000
Above 3,000, and not exceeding 4,000
Above 4,000 ....
The actual Expense incurred in printing or adver-
tising, and for Postage :

For convening and attending any General
Meeting summoned by the distinct Order of
the Secretary of State, or (in Ireland) of the
Lord Lieutenant - - - - 2 2 0

CAP. ex.

An Act to provide for the Repayment of Monies advanced
from the Exchequer to the County of Mayo for public
Pniposes. [1 1th August 1854.]

^HEBEAS under the Provisions of certain Acts of Par-
liament divers Sums of Money have been from Time to

* Time advanced by the Commissionera of the Treasury for the
' Sreetion and Maintenance of Public Works in the County of

• Jfo^ and for other public Purposes in the said Connty, to be

'repaid

Per Annani,

£

t.

d.

15

0

0

20

0

0

25

0

0

4

0

0

3

0

0

2

0

0

1

10

0

1

0

0

:w'

T16 Clio. 17^&18» V^ICTORIiE. A.D.1854.

* repaid bj the said County or some Baronj or Baronies thereof,
' and there is now dae to the said Commissioners of the Treasury

* for Arrears on Foot of such Advances the Sam of Nine thousand
, * eight hundred and ninety-three Pounds One Shilling, the seTeral

* Items whereof, and the Purposes for which the same respectively

* have been advanced, are set forth in the Schedule to this Act

* annexed : And whereas owing to the general Distress of the
' said County and other Causes it has become difficult to collect
' the said Arrears out of the Lands now charged therewith, and

* in consequence of the Death or Absence from the Country of

* several of the Grand Jury Cess Collectors it has become im-
' possible to procure from them Affidavits that the said Sums are

* so in arrear, and that the same cannot be levied from the

* Persons or out of the Lands originally chargeable with the same,

* and it is doubtful whether (without the Production to them of

* such Affidavits) it is competent to the Grand Jury of the said
' County to re-present the said Arrears : And whereas it is ex-

* pedient to provide for the Repayment by Instalments to the said

* Commissioners of the Treasury of the said Sum of Nine thousand

* eight hundred and ninety-three Pounds One Shilling, and to

* enable the Grand Jury of the said County to present the same :*
Be it therefore enacted by the Queen's most Excellent Majestj,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :

Grand Jury of I. Notwithstanding anything in the One hundred and fortf-
Mayo may pre- fifth Section of the Act passed in the Session of Parliament held
wLd"^ In- ^^ ^^^ S^^*^ *°^ Seventh Years of His late Majesty King Pmiam
stBlmentoin ^^6 Fourth, Chapter One hundred and sixteen, contained, and
Discharge of without the Production to them of such Affidavits as are by the
Debt and same Section required, it shall and may be lawful for the Grand

Interest Jury of the County of Mayo and they are hereby required, at the

next Assizes after the passing of this Act, to present the said
Sum of Nine thousand eight hundred and ninety-three Pounds
One Shilling to be levied off the said County (or the Barony or
Baronies or other Denominations thereof off which the same was
originally required by the Treasurer's Warrant to be collected^
by Twenty equal half-yearly Instalments, or by such and so many
half-yearly Instalments as the Commissioners of the Treasury
shall direct, with Interest upon such Portion of the said Sum of
Nine thousand eight hundred and ninety-three Pounds One
Shilling as now bears Interest, and shall from Time to Time
remain unpaid, and at the Rate at which the same Interest is
now payable.
Directing whm H, xhe said Instalments and such Interest as aforesaid shall
Mite weto^ be levied off the said County or the Baronies or other Denomi-
levied. nations liable thereto half-yearly after each successive Aasiies,

until the whole shall be levied and collected, and the First Instal-
ment thereof, with such Interest as aforesaid, shall be levied
immediately after the Assizes which shall happen next after thd
passing of this Act ; and the Treasurer for the Time being of the
County of Mayo shall and he is hereby required to applot ana
insert in his Warrant for levying the Sums presented at the siia

next

A-D.1854. V & 18^ VICTORIiE. C. lia 717

next Assizes the Amount of such First Instalment and Interest,
and in like Manner, without further Presentment or Authority in
that Behalf, to applot and insert from Time to Time in his War*
rant or Warrants for levying the Sums presented at each suc-
ceeding Assizes the Amount of the said Instalments respectively,
with such Interest as aforesaid, according as the same Instal-
ments and Interest respectively shall from Time to Time become
leviable, until the whole Sum of Nine thousand eight hundred
and ninety-three Pounds One Shilling, with siich Interest as
aforesaid, shall be so raised and levied.

ni. In case the Grand Jury of the said County of ^fa1/o, at the If Grand Jury
Assizes next after the passing of this Act, shall neglect or refuse ^^^^^ ^^
duly to present the said Sum of Nine thousand eight hundred CMt'to^hn
and ninety-three Pounds One Shilling, with the Interest and in po^ep ^^ order
the Manner by this Act provided, the Court shall have Power and the Sum to be
is hereby required, before the finding of any of the other Pre- raised,
fientments, to make an Order directing the said Sum of Nine
thousand eight hundred and ninety-three Pounds One Shilling,
with such Interest as aforesaid, to be raised and levied as if the
same Sum and Interest had been so presented, and such Order
shall have the Force and Effect of a Presentment ; and the said
Sam and Interest shall accordingly be inserted by the Instalments
aforesaid in the Warrants of the Treasurer of the said County,
and applotted and raised and levied and applied in like Manner,
to all Intents and Purposes, as if the same had been duly pre-
sented by the said Grand Jury under the Provisions of this Act.

IV. Each such half-yearly Instalment and such Interest as lostahnents and
aforesaid, according as the same shall from Time to Time become Ijte««ta»
payable, shall be a Charge upon all Money, Rates, and Cesses Jfl^^^n
whatsoever levied or collected for the Purposes of the said County tj^g RaS, &c.
or of the Baronies or other Denominations thereof upon which the
same Instalments and Interest shall be applotted, in preference
and priority to all other Liens, Charges, or Demands whatsoever
upon the same County, Baronies, or other Denominations ; and the
Amount of such Instalments and Interest shall be paid by the
Treasurer for the Time being of the said County, as and when the
same shall become due. out of such Public Money, Rates, and
Cesses as aforesaid as shall first come to his Hands, (so far as the
same shall extend,) in priority and preference to any other Lien,
Charge, or Demand whatsoever upon the same ; and the said Trea-
surer shall pay over the said Amount to such Person and in such
Manner as the said Commissioners of the Treasury shall from
Time to Time direct : Provided always, that such Presentment
and Payments shall (except as to the Priority lastly herein-before
given to them) be without Prejudice to the Repayment of all
other Advances which have been heretofore made or which may
be hereafter made to the said County by the said Commissioners
of the Treasury, and which are not comprehended in the aforesaid
Sum of Nine thousand eight hundred and ninety-three Pounds
One Shilling.

SCHE-

718

C.110.

17-& 18° VICTORIA

A.D.18S4.

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A.D.1854. 17" & 18** VICTORIES. C.lll* 719

C A P. CXL

An Act to continue and amend the Metropolitan Sewers
Acts. [Uth Auffust 1854*]

* ^117 HERE AS an Act was passed in the Session of Parliament

* ▼ ▼ holden in the Eleventh and Twelfth Years of Her Majesty, 1 1 & 12 Vict
< «to consolidate and oontiDue in force for Two Years, and to c 112.

* " the End of the then next Session of Parliament, the Metro-
' " politan Commissions of Sewers," and such Act has been

* amended bj an Act passed in the Session holden in the Twelfth 12 & 18 Yio^
and Thirteenth Years of Her Majesty, Chapter Ninety-three, *• *^'

and has been further amended and has been continued by an

Act passed in the Session holden in the Fourteenth and Fifteenth 14 & 15 Viet

* Years of Her Majesty, Chapter Seventy-five, and an Act passed c- ^5.

* in the Session holden in the Fifteenth and Sixteenth Years of 15 & 16 Vi«t
' Her Majesty, Chapter Sixty-four, and an Act of the last Session ^ ^•

* of Pariiament, Chapter One hundred and twenty-five, and stood 16 & 17 Vict

* continued until the Seventh Day of August One thousand eight ^ ^^^'

* hundred and fifty-four : And whereas it is expedient to revive
*' and continue the said Acts for such Period as herein mentioned,

* and to amend the same as herein provided:' Be it therefore
enacted by the Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
Authority of the same, as follows :

L The said first-mentioned Act, as amended by the other Acts Metropolitan
herein-before mentioned and by this Act, shall be i-evived and Sewers Acte
continue in force until the Thirty-first Day of August One thou- ^^J^^Z^
sand eight hundred and fifty-live, in like Manner as if the Time 1355^ ^^^
80 Umited had been the Time originally limited by the said firstly**
inentioned Act for the Continuance thereof.

n. In case of a Vacancy in the Office of Chairman or Deputy Pending
Chairman under the Provisions of the said Act passed in the Ses- Vaeanoy in
aion holden in the Fourteenth and Fifteenth Years of Her Majesty, aS^^^S™*
Chapter Seventy-five, or in case of his or their Absence from any Qminm^n ^
Court of Sewers, some other Commissioner shall be chosen, by Depa^ Chair- •
the Majority of the Commissioners present, to preside at such man, Commb-
Court; and in case there be an equal Number of Votes upon such oonew yreaent
Choice, then the Person proposed whose Name shall stand first in ^ ^»pointa
tiie Commission shall preside 5 and if there be an equal Division ^^qJ^
of Votes upon any Question, the Person so presiding at such
Court shall, in addition to his own Vote as a Commissioner, have
a Second or Casting Vote, as provided by the said firstly -mentioned
Act ; and the Person so chosen to preside shall have and perform
all the Powers and Duties given to and required to be performed
by the Chairman of the Metropolitan Commissioners of Sewers,
under the Provisions of the said Act passed in the Fourteenth
and Fifteenth Years of Her Majesty, Chapter Seventy-five.

ni, • And whereas by the Second Section of the said Act Limit of

* passed in the last Session of Parliament, Chapter One hundred Amomit to be

* and twenty-five, it is enacted, that the Sum of Three hundred ^^^^^

* ^ousand Pounds shall be the Limit and Extent of the Debt due BatM^SOO 000/.
' and owing on the Security of the Rates authorized tojbe made

^ as therein mentioned at any one and the same Period of Time :

' And

720 C. HI. 17* & 18« VICTORIA. A.D.1854.

< And whereas it is expedient to extend the said Limit:* Be it
therefore enacted, That the Sum of Six hundred thousand Pounds
shall be the Limit and Extent of the Debt due and owing on the
Security of the said Rates at anj one and the same Period of
Time; and that the said Second Section of the said last-mentioned
Act shall be read and construed as if the Words ^* Six hundred
thousand Pounds" had been inserted therein instead of the Words
" Three hundred thousand Pounds" wherever such last-meotioned
Words occur therein.
No Priority lY. All Persons to whom at the Time of the passing of this

amongst Moft- Act any Sums of Money are due and owing on the Security of
8**^ ®^ '^" the said Rates, whether in respect of any Mortgages made under
iiSh respe^to ^^® Powers of the said Acts or any of them, or in respect of inj
existing Securities jnade and entered into before the issuing of the first

Charges. Commission under the first of such Acts, and all Persons to whom

any Sums shall become due and owing in respect of any Mortgage
of the said Rates made or to be made in pursuance of a certain
Deed of Agreement bearing Date the Twentieth Day of February
now last past, and made between the Metropolitan Commissioners
of Sewers of the one Part, and Robert Hudson^ CfuirUs Bladen
Carruthers, and WiUiam Beckwith Towse, Three of the Directors
of the Rock Life Assurance Company, of the other Part, shall, in
respect of such Debts and Securities, have Priority over and be
entitled to be repaid the Sums so due and owing, or so to become
due and owing to them, in preference to all other Mortgagees and
Annuitants by whom Advances shall be made after the passing of
this Act; and, subject to such Priority and Preference, every
future Mortgagee or Annuitant shall be entitled to be repaid the
Sums he shall advance, with Interest, or to be paid the Annuity
which shall be granted to him, without any Preference over any
other Mortgagee or Annuitant by reason of any Priority of Ad-
vance, or the Date of his Mortgage or other Security.
Securities to V. Notwithstanding the Expiration at any Time hereafter of

«*"*'??«^^ the firstly herein-before recited Act, or of any Act or Provisions
k^^eEj^B- i'^^^orporated therewith, or in case at any Time hereafter no Com-
^ of the Act "fission of Sewers shall be in force under the said firstly-recited
or tbe Discon- Act, all Mortgages and Annuities which at or immediately before
tmuanceof the the Time of the Expiration of the said firstly-recited Act, or of
Ckjmmissioiu the Expiration or Determination of the Commission of Sewers
which shall have been last in force thereunder (whichever of such
Events shall first happen), shall be a Charge on all or any of the
Rates authorized to be levied under the said firstly-recited Act
and the Acts amending the same, shall continue valid and in full
Force and to be a Charge on the Districts on which such Rates
would have been authorized to be levied in case such Acts and
Commission respectively had continued in force, and on the Pro-
perty rateable thereto ; and, unless Parliament otherwise provide
the Commissioners of Her Majesty's Treasury shall, with all con-
venient Speed after the Expiration of the said firstly-recited Act
or the Expiration or Determination of such Commission, ascertam
or cause to be ascertained the Liabilities of such Districts in
respect of such Mortgages and Annuities, and where any such
Mortgages or Annuities are charged on more than One Distinct
shall apportion or cause to be apportioned as between the respec-
tive

A.D.1854. 17° & 18° VICTORIA. C.lll. 721

five Districts charged therewith the Liabilities under such Mort-
gages or Annuities, and shall certify the Amount of Charge to
which each District is subject in respect of the Liabilities ascer-
tained, or ascertained and apportioned as aforesaid, to the Clerk
of the Peace for the County the Justices of which are herein-
after authorized to make Bates in respect thereof upon each such
District.

VI, The Justices of the Peace for the County of Middlesex in Quarter Ses-
Quarter Sessions assembled shall, as to the Parts charged by any mom of the
such Mortgage or Annuity which may be situate on the North Metropoliton
Side of the River Thames, and the Justices of the Peace for the J^^Sw re-
County of Kent in Quarter Sessions assembled shall as to the quired for such
Parts so charged within the Limits of the Sewerage Districts Secarities.
known as the Greenwich District and the Ravensbwime District,
and the Justices of the Peace for the County of Surrey shall as
to the Parts so charged which may be situate on the South Side
of the River Thames, save and except the said Greenwich District
and Ravenshoume District respectively, make, collect, demand,
and levy, and exercise all and every the Powers and Authorities
for and with reference to the making, demanding, collecting, and
levying of all such Rates for the Payment of the Principal Money
and Interest and Annuities, or the apportioned Part thereof re-
spectively, certified by the Commissioners of the Treasury as
aforesaid to the Clerk of the Peace of such respective County, as
the Metropolitan Commissioners of Sewers might or could have
done in case the said firstly-recited Act and any Act or Provisions
incorporated therewith had not expired and a Metropolitan Com-
mission of Sewers were in force thereunder ; and all Money raised
by means of such Rates shall be paid over to such Person or in
such Manner as the said Commissioners of the Treasury may
appoint for the Purpose of being applied towards Payment of the
Principal and Interest and Annuities or apportioned Part thereof
respectively certified as aforesaid.

VIL * Whereas the Area included within the Limits of the Separate Di»-

* Commission under the said first-mentioned Act comprises several trictt may be

* Farts and Places in which no Sewers Rates have been raised or formed f'"'

* levied by the Commissioners acting by virtue of any Commis- p^'^^p^

* sion issued under the said first-mentioned Act, and in which JJhere no Sew-

* such Commissioners have either wholly or for the most part, ers Rate at

* in pursuance of the Discretion vested in them by such first- present raised.

* mentioned Act, forborne to exercise their Jurisdiction: And

* whereas it may be convenient to form some of such Pai*ts or

* Places into separate Districts for Sewerage Purposes, under the

* Jurisdiction and Control of Sewerage Boards, to be constituted

* in manner herein-after mentioned:* Be it enacted. That from
Time to Time, upon an Application in Writing signed by not
less than Two Thirds in Number of the Inhabitants of any of
such Parts and Places as aforesaid which it may bo proposed
to form into a separate District for Sewerage Purposes, as herein-
after mentioned, rated to the Relief of the Poor, describing therein
or upon a Plan annexed thereto the Limits of such proposed Dis-
trict, and its Fitness, in respect of Extent, Situation, Fall of the
Ground, and other Circumstances, to be formed into a separate
District for Sewerage Purposes, and also showing that the said

17 & 18 YiCT. 3 A Inhabitants,

728

C.111.

17° & 18*^ VICTORIA.

A.D.1854.

Inhabitants to
elect Sewerage
Board of such
Districts.

Mode of
Elections.

Inhabitants, rated as aforesaid, are desirous of immediatelj pro-
viding Sewerage by means of a Sewers Rate to be raised in such
proposed District, not exceeding One Shilling in the Found in the
Year on the net annual Value of tiie Property therein rateable
to the Relief of the Poor, or (in case there shall be no Rate for
the Relief of the Poor) upon an Estimate of the net annual Value
of such Property by a competent Person in that Behalf, and
showing that fit and proper Sewers for such District can be
made and provided at a Cost which can or may be defrayed bj
means of such Sewers Rate, or by Monies borrowed on the
Security thereof, and that the Sewerage of such District can be
conveniently managed and conducted by a Sewerage Board, to
be constituted as herein-after mentioned, the said Commissionen
shall thereupon proceed to examine and consider the said Appli-
cation, and if, on such Examination and Consideration, they shall
be of opinion that the several Parts and Places in the said
Application mentioned or referred to can be conveniently and
properly excepted from their Jurisdiction, and, either akne or
together with other contiguous Parts and Places, formed into a
separate District for Sewerage Purposes, as herein-after mentioned,
they shall and may order and decree accordingly, and thereupon
the several Parts and Places described in such Order and Decree
shall be excepted from the Jurisdiction of the said Commissioners,
and become subject to the Jurisdiction and Control of a Sewenge
Board, to be appointed in manner herein-after mentioned.

VIIL When and as often as any such District shall hare been
excepted from the Jurisdiction of the said Commissioners in
manner aforesaid, it shall be lawful for the Inhabitants thereof
rated to the Relief of the Poor therein, at a Public Meeting to
be convened in manner herein-after directed, to elect from their
Number Seven Persons, duly qualified, to be and be called the
Sewerage Board of such District, which Board shall be authorized
and empowered forthwith to execute and superintend the Execu-
tion of the Works necessary for the Sewerage of such District,
of which Board not less than Five shall be a Quorum ; and within
One Calendar Month next after the Date of any such Order and
Decree as aforesaid the Churchwardens and Overseers of the
Parish or Parishes either wholly or partly situate within such
District, or the major Part of them, shall and they are hereby
required, by public Notice to be affixed on the Outside of the
principal public Buildings within the District, to call a Meeting
of the Persons so rated to the Relief of the Poor as aforesaid, to
be holden at a convenient Time and Place therein, to be specified
in such Notice, for the Purpose of electing Seven Persons to be
and constitute the Sewerage Board for such District.

IX. On the Day so appointed for such Election the Ratepayers
then rated to the Relief of the Poor and having been so rated for
Six Calendar Months next preceding the Day of such Blection,
desirous of voting, shall meet at the Time and Place af^inted,
and shall then and there elect a Chairman from among themselves
to preside at such Meeting, and shall thereupon proceed to the
Election of Seven Persons, qualified as herein-after mentioned, to
be and constitute the Sewerage Board of such District; and such
Election^ shall take place by open Voting, and shall be decided by

a Majority

A.D.1854. 17« & 18^ VICTORIA. C.lll. 723

a Majority of Votes ; and in case of an Equality of Votes the
Chairman shall have a Casting Vote; and the Chairman shall
at such Meeting declare the Names of the Ratepayers who shall
have been so elected, and a List of the Persons so elected shall be
forthwith affixed on the Outside of the principal public Buildings
in such District.

X. The Members of every such Sewerage Board to be elected at Qualification of
each and every Election under this Act shall be Persons qualified Members,

by Law to be elected Members of the Board of Guardians of any
Union wholly or partly within such District.

XI. The Members of every Sewerage Board to be elected in Memberg of .
manner aforesaid shall continue in Office until the Thirty-first 5^^^*^
Day of August One thousand eight hundred and fifty-five: Pro- ^J^i^^l^
▼ided always, that In case of any Vacancy in the Number of till 31 st Angiist
Members aforesaid by Death, Resignation, or otherwise, the Ma- 1S55.
jority of the remaining Members of such Board shall elect another

Person, qualified as aforesaid, to supply such Vacancy.

XII. Every such Sewerage Board shall have Power to employ Surveyor to be
a Surveyor to make a Plan of Sewerage for such District, and appoi^^*^
shall be authorized to pay him reasonable Remuneration for his

Services in this Behalf; and such Plan, when made and approved
of by the Sewerage Board, shall be submitted by them to the said
Commissioners^ for their Consideration and Approval, who shall,
if they see fit, have Power to direct any Alteration or Modifi-
cation of such Plan, or to direct a new Plan to be made ; and
when a Plan of Sewerage for such District shall be approved
by the Sewerage Board and by such Commissioners, the Sewerage
Board shall execute the Works necessary for carrying such Plan
into effect.

XIIL Every such Sewerage Board shall have, exercise, and Power of
observe within their District all the Powers, Authorities, and S|^,2^m^
Obligations as to the making, demanding, levying, and enforcing j^^^ ^^
of Rates, and the borrowing of Money on the Security of such
Rates, and the Execution of Works, and the keeping and main-
taining the same in repair, and the enforcing of the Drainage of
Houses, and the Abolition of Nuisances, and all other the Powers,
Authorities, and Obligations by the said Acts or any of them
given to or imposed upon the Metropolitan Commissioners of
Sewers : Provided always, that the Sewerage Board of any such
District as aforesaid shall be and is hereby authorized and em-
powered to raise and levy Sewers Rates within the Limits of such
District for any Amount not exceeding in the whole in any One
Tear the Amount of One Shilling in the Pound on the net annual
Value of the Property rateable to such Sewers Rate ascertained
in manner aforesaid ; provided also, that nothing herein contained
shall authorize or empower any Sewerage Board constituted in
manner aforesaid to cause any of their Sewers, constructed by
them under the Provisions herein -before contained, to communi-
cate with or discharge into any of the Sewers of the Metropolitan
Commissioners of Sewers, without their Consent in Writing first
had and obtained.

XIV. This Act shall be deemed to be incorporated with « The ^^^^th
Metropolitan Sewers Act, 1848," and shall be construed and taken n^ 12 vict •

3 A 2 as e. 112. ' ^

724 0.111,112. 17* & 18* VICTORIwE. A.D.1854

as if this Act and ^ The Metropolitan Sewers Act, 1848," were

One Act.
Saying Mto XV. Proyided always, That this Act shall not he taken to

^^^ V*^ abridge the Continuance of so much of the said Act of the
12 & 13 Vict Twelfth and Thirteenth Years of Her Majesty, and of bo much
c 93. and of the said Act of the Sixteenth and Seventeenth Years of Her

16 & 17 Vict M^esty, as will not expire on or before the said Seventh Day
c. 125. of August One thousand eight hundred and fifty*four.

CAR CXIL

An Act to afford greater Facilities for the Establishment
of Institutions for the Promotion of Literature and Science
and the Fine Arts^ and to provide for their better B^*
lation. [11th August 1854.]

* V^HEBiEXS it is expedient that greater Facilities shoold
' ^^ be afforded for procuring and settling Sites and Boildings

* in trust for Institutions established for the Promotion of litera-
' ture, Science, or the Fine Arts, or for the Diffusion of usefal
' Knowledge, and that other Provisions should be made for im-

* proving the legal Condition of such Institutions :' Be it there-
fore enacted by the Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
Authority of the same, as follows :

Lends to be I. Any Person in England^ fVales, or Ireland^ being seised is

used as Sites for Pee Simple, Fee Tail, or for Life of and in any Manor or Lwds
In«tittttioii8,&c ^f Freehold, Copyhold, or Customary Tenure, and haying the
present beneficial Interest therein, may grant, convey, or enfnui-
chise, by way of Gift, Sale, or Exchange, in Fee Simple or for a
Term of Years, any Quantity not exceeding One Acre of such
Land, whether built upon or not, as a Site for any such Institution
as herein*after described ; provided, that no such Grant made by
any Person seised only for Life of and in any such Manor or
Lands shall be valid, unless, if there be any Person next entitled
to the same in Remainder, in Fee Simple or Fee Tail, and if such
Person be legally competent, he shall be a Party to and join in
such Grant ; provided also, that where any Portion of Waste or
Commonable Land shall be gratuitously conveyed by any Lord of
a Manor for any such Purpose as aforesaid, the Rights of all Com-
moners and others having Interest of a like Nature in the said
Land shall be barred and divested by such Conveyance.
ChanoeUorand IL The Chancellor and Council of Her Majesty's Duchy of
ConncUjrf the Lancaster for the Time being, by any Deed or Writing under the
SS mpo^^' H*"^ ^^^ ^^ ^^ ^^^ Chancellor of the said Duchy for the Time
ei«d to grant being, attested by the Clerk of the Council of the said Duchy for
Lands for the the Time being, for and in the Name of Her Majesty, Her Heirs
Site of an and Successors, may, if they see fit, grant, convey, or enfranchise,

Institntioii. ^q q^ in favour of such Institution, any Land forming Part of the
Possessions of the said Duchy, not exceeding in the whole One
Acre in any One Parish, upon such Terms and Conditions as to
the said Chancellor and Council shall seem meet ; and where any
Sum or Sums of Money shall be paid for the Purchase or Con-
sideration for such Land so to be granted, conveyed, or enfran-
chised

A.D.1854. 17» & 18** VICTORIA. C. 112. 725

chised as aforesaid, the same shall be paid into the Hands of the
Receiver General for the Time being of the said Duchy, or his
Deputy, and shall be by him paid, applied, and disposed of
according to the Provisions and liegulations contained in an Act
of the Forty-eighth Year of the Reign of His late Majesty King
George the Third, Chapter Seventy-three, or any other Act or
Acts now in force for that Purpose.

IIL Any Three or more of the Principal Officers of the Duchy Officers of the
of Comwally under the Authority of a Warrant issued for that I>achy of
Purpose under tlie Hands of any Three or more of the Special Comwdl em-
Commissioners for the Time being for managing the Affairs of the J^fficienlt li^
Duchy of Cornwall or under the Hands of any Three or more of thority, to
the Persons who may hereafter for the Time being have the im- grant Land for
mediate Management of the said Duchy, if the said Duchy shall the Site of an
be then vested in the Crown, or if the said Duchy shall bis then Institution.
vested in a Duke of Comwally then under the Hands of any Three
pr more of the Principal Officers of the said Duchy, or under the
Hands of any Three or more of the Persons for the Time being
having the immediate Management of the said Duchy, may, if
they think fit, and are so authorized, by Deed grant, convey, or
enfranchise to or in favour of any existing or intended Institution
any Land forming Part of the Possessions of the said Duchy of
Cornwall^ not exceeding in the whole One Acre in any One
Parish, upon such Terms and Conditions as to the said Special
Commissioners or Principal Officers, or such other Person as
aforesaid, shall seem meet.

lY. Pi-ovided, That upon any Land so granted by way of Gift If Lands cease
as aforesaid, or any Part thereof, ceasing to be used for the to be used for
Purposes of the Institution, the same shall thereupon immediately ^ aS^h^ ^
revert to and become again a Portion of the Estate or Manor or gjj^ rerer^
Possessions of the Duchy, as the Case may be, to all Intents and
Purposes as fully as if tiiis Act or any such Grant as aforesaid
Lad not been passed or made, except that where the Institution
shall be removed to another Site, the Land not originally Part of
the Possessions of either of the Duchies aforesaid may be ex-
changed or sold for the Benefit of the said Institution, and the
Money received for Equality of Exchange or on the Sale may
be applied towards the Erection or Establishment of the Institu-
tion upon the new Site.

V. Where any Person shall be equitably entitled to any Manor PerBons not
or Land, but the legal Estate therein shall be vested in s6me having legal
Trustee or Trustees, it shall be sufficient for such Person to ^*? em^-
convey the Land proposed to be granted for the Purpose of this Lands fw^l^
Acty without the Trustee or Trustees being Party to the Convey- poees of thlsAct
ance thereof; and where it is deemed expedient to purchase for without the
the Purpose aforesaid any Land belonging to or vested in any Concurrence of
Infant or Lunatic, such I^nd may be conveyed by the Guardian *^®"' Trustees.
or Curator of such Infant or the Committee of such Lunatic re-
spectively, who may receive the Purchase Money for the same,
and give valid and sufficient Discharges to the Party paying such
Purchase Money, who shall not be required to see to the Appli-
cation thereof.

YL Any Corporation, Ecclesiastical or Lay, whether sole or Corporation,
aggregate, and any Officers. Justices of the Peace, Trustees, or Justices,

■ 3A3 Commis- T'^^*^**^'*®

72fi

aii2.

17« & 18« VICTORIiE.

A.D.185

ooBTey LandB
forthePor-
poflesoftfais
Act

5 & 6 W. 4.
C69.

How such

Futiesmay

oonTej.

7 G. 4. c 18.

Where Part
ovlj of Lands
sulgect to a
Bent under
Lease iscon-
Teyed, the Bent
and line upon
Renewal of
Lease may be
apportioned.

Commissioners, holding Land for public, ecclesiasticaL parochial,
charitable, or other Purposes or Objects, may, subject to the
Provisions herein -after mentioned, grant, convey, or enfranchise
for the Purpose of this Act such Quantity of Lwid as aforesaid,
in any Manner vested in such Corporation, Officers, Justices,
Trustees, or Commissioners; provided, that no Ecclesiastical
Corporation Sole, being below the Dignity of a Bishop, shall he
authorized to make such Grant without the Consent in Writing
of the Bishop of the Diocese to whose Jurisdiction the said Eccle-
siastical Corporation shall be subject; provided also, that no
Parochial Property shall be granted for such Purpose without
the Consent of a Majority of the Ratepayers and Owners of Pro-
perty in the Parish to which the same belongs, assembled at a
Meeting to be convened according to the Mode pointed out in the
Act passed in the Sixth Year of the Reign of His late Majesty,
intituled An Act tofactlUaie the Conveyance of fVarkhotues ami
other Property of Parishes and of Incorporations or Uwm nf
Parishes in England and Wales, and without the Consent of the
Poor Law Board, to be testified by their Seal being affixed to
the Deed of Conveyance, and of the Guardians of the Poor of
the Union within which the said Parish may be comprised, or
of the Guardians of the Poor of the said Parish where the Ad-
ministration of the Relief of the Poor therein shall be subject to a
Board of Guardians, testified by the Guardians of such Union or
Parish being the Parties to convev the same ; and that no Pro-
perty held upon Trust for charitable Purposes shall be granted
without the Consent of the Charity Commissioners.

VIL Where any Ofiicers, Trustees, or Commissioners, other
than Parochial Trustees, shall make any such Grant, it shall he
sufiScient if a Majority or Quorum authorised to act of such Offi-
cers, Trustees, or Commissioners, assembled at a Meeting duly
convened, shall assent to such Grant, and shall execute the Deed
of Conveyance, although they shall not constitute a Minority of
the actual Body of such Officers, Trustees, or Commissions^ ; and
the Justices of the Peace may give their Consent to the making
any Grant of Land or Premises belonging to aoy County, Riding,
or Division by Vote at their General Quarter Sessions, and may
direct the same to be made in the Manner directed to be pursued
on the Sale of the Sites of Gaols by an Act passed in the Seventh
Year of the Reign of His late Majesty George theFourth, inti-
tuled An Act to authorize the Disposal ofunneeessaiy Prisons «
England.

VIII. If Part only of any Land held in Fee subject to a per-
petual Rent, or comprised in a Lease for a Term of Years un-
expired, shall be conveyed or agreed to be conveyed for the
Purpose of this Act^ the Rent payable in respect of the Lands
subject thereto, and any Fines certain or fixed Sum of Money to
be paid upon any Renewals of the Lease, or either of such Pay-
ments, may be apportioned between the Part of the said Land eo
conveyed or agreed to be conveyed and the Residue thereof and
such Apportionment may be settled by Agreement between the
Parties following ; that is to say, the Person for the Time being
entitled to the Rent where the Land is held in Fee or the Lessor
or other the Owner subject to such Lease of the Lands comjffised

thereiiiy

A.D.1854. 17** & IS'' VICTORIiE. C. 112. 727

therein, the Person entitled to the Fee subject to the Rent, or the
Lessee or other Fartj entitled to the Land by virtue of such
Lease or anj Assignment thereof for the Residue of the Term
thereby created, and the Party to whom such Conveyance as afore-
said for the Purpose of this Act is made or agreed to be made ;
and when such Apportionment shall so be made it shall be binding
on all Under-lessees and other Persons and Corporations whatso-
ever, whether Parties to the said Agreement or not.

IX. In case of any such Apportionment as aforesaid, and after Liabilities of
the Lands so conveyed or agreed to be conveyed as aforesaid shall Tenants, and
have been conveyed, the Person entitled to t!ie Fee or other Estate ?^^^ ^
in the Lands subject to the Rent, the Lessee, and all Parties en- ^^^^dsno?
titled under him to the Lands not included in such Conveyance, conyeyed.
fihall, as to all future accruing Bent, and all future Fines certain

or fixed Sums of Money to be paid upon Renewals, be liable only
to so much of the Rent or of such Fines or Sums of Money as
fihall be apportioned in respect of such last-mentioned Lands ; and
the Party entitled to the Rent charged or reserved shall have all
the same Rights and Remedies for the Recovery of such Portioh
of the Rent as last aforesaid as previously to such Apportionment
he had for the Recovery of the whole Rent charged or reserved;
and all the Covenants, Conditions, and Agreements, except as to
the Amount of Rent to be paid, and of the Fines or Sums of
Money to be paid upon Renewals, in case of any Apportionment
of the same respectively, shall remain in force with regard to that
Part of the Land which shall not be so conveyed as aforesaid, in
the same Manner as they would have done in case such Part only
of the Land had been subject to the Rent or included in the Lease.

X. Any Person or Corporation may grant any Number of Sites Sites may be
for distinct and separate Institutions, although the aggregate granted for
Quantity of Land thereby granted by such Person or Corporation sepaiate
shaU exceed the Extent of One Acre, provided that the Site of I^titations.
each Institution do not exceed that Extent.

XI. Where the Institution shall not be incorporated, the Grant Grants of Site
of any Land for the Purpose of such Institution, whether taking may be made to
effect under the Authority of this Act, or any other Authority, ^^^^ ^'
may be made to any Corporation Sole or Aggregate, or to several •^"''*^^
Corporations Sole, or to any Trustees whatsoever, to be held by

such Corporation or Corporations or Trustees for the Purpose of
such Institution.

Xn. The Provisions of the Act of the Fourteenth Victoria^ Incorporation
Chapter Twenty-eight, shall be applicable to the Conveyances of ofl3&14Vic^
Lands in Englandy Wales^ and Ireland made or to be made to ^ ^8.
Trustees, not being Corporations, for the Purposes of such Insti-
tutions.

XITT. Ail Grants, Conveyances, and Assurances of any Site Form of
for an Institution under the Provisions of this Act may be made Grants, &c.
according to the Form following, or as near thereto as the Cir-
cumstances of the Case will admit; (that is to say,)

* T or we, [or the Corporate Title of a Corporation^'] under

* ^ the Authority of an Act passed in the Year of
*the Roign of Her Majesty Queen Victoria, intituled

^do hereby freely and voluntarily, and without any valuable Con-

3 A 4j ' sideration

728 C.112. 17" & 18^* VICTORIA A.D.18a

' sideration [or do in consideration of the Sam of

* to me, or us, or the said paid], grant and convq

< [add^ t/f 7iece««ary, enfranchise] to all [^Deset^
' tion of the Premises'] and all [my, or our, or the Right, Title, sac

< Interest of the to and in the same and every Pi^

* thereof, to hold unto and to the Use of the said Corporation acl
' their Successors, or of the said and his or thar

* [Heirs or Executors or Administrators or Successors^) for tte
' Purposes of the said Act, and to be applied as a Site (^

* and for no other Purpose whateTer;

* such to be under the Mieuiagement and

* Control of [set forth the Mode in which and tlie Persons by whtm

* the Ijistitution is to be managed and directed; in Cases tahere ik

* Land is purchased^ excJuinged or demised^ usual Covenants er

* Obligations for Title may be added]. In witness whereof tie

* conveying and otlier Parties have hereunto set their Hands and

* Seals, [or Seals ofdy, as theCcise may be^] t)iis

* Day of . Signed, sealed, and delivereil

* by the said in the Presence of

* of

And no Bargain and Sale or Livery of Seisin shall be reqnisite ii
any Conveyance intended to take effect under the Provisions d
this Act, nor more than One Witness to the Execution by the
conveying Party.
I>eaUi of Donor XIV. Any Deed executed for the Purposes of any Institatiao
not toinvalidate to which this Act applies, without any valuable Considerttioa,
^"'^*' shall continue valid, if otherwise lawful, although the Doooror

Grantor shall die within Twelve Calendar Months froa tbe
Execution thereof.
Mode of con- XV. Where Land of Copyhold or Customary Tenure shall ha^t

T^^^l*^^ ^^^ ^^ 9ih9M be granted for the [Purpose of such Institution, tk
and that of U^ Conveyance of the same by any Deed wherein the CopyhoUs
Copyholder in shall grant and convey his Interest, and the Lord shall also grtoi
Opyhold and convey his Interest, shall be deemed to be valid and safitciem

Land. to vest the Freehold Interest in the Grantee or Grantees thereof

without any Surrender or Admittance or Enrolment in the Lord's
^ Court, but the Fees (if any) payable by the Custom of the Manor
* upon Enfranchisement shall be paid to the Steward.
^^^Iw ^^^- Where any Land shall be sold by any Ecclesiastical Cor-

Money for poration Sole for the Purpose of this Act, and the Purchase Moncj
Land sold by to be paid shall not exceed the Sum of Twenty Pounds, the same
anyEcclesiasti- may be retained by the Party conveying for his own Benefit, bat
•cal Corpora- when it shall exceed the Sum of Twenty Pounds it shall be applied
tion Sole. ^^^ ^.j^^ Benefit of the said Corporation in such Manner as the

Bishop in whose Diocese such Land shall be situated shall, by
Writing under his Hand, to be registered in the Registry of his
Diocese, direct and appoint ; but no Person purchasing such Land
for the Purpose aforesaid shall be required to see to the due
Application of any such Purchase Money.
Certain Clanses XVIL In Cases not otherwise provided for in this Act, the
^^\A^ ^ y*^ Clauses Sixty-nine, Seventy, Seventy-one, Seventy-two, Seventy-
appUcaWe to^ ***r^^» Seventy-four, and Seventy-eight of the Lands Clauses Con-
this Act solidation Act, One thousand eight hundred and forty-five, being

the Eighth and Ninth Victoria^ Chapter Eighteen, shall apply in

respect

i A.D.1854. 17" & 18^ VICTORIA. C.112. 729

respect of the Application of the Purchase Money of all Sites
purchased from incapacitated Persons, Corporations, and Trustees
herebj empowered to sell, other than the Chancellor and Council
of the Duchj of Lancaster and the OflScers of the Duchy of
Cornwall.

XYIIL If it shall be deemed advisable to sell any Land or Trustees may
Building not previously Part of the Possessions of the Duchy of sell or exchange
Lancaster or Cornwall held in trust for any Institution, or to ^!|^ ^^
exchange the same for any other Site, the Trustees in whom the ™"*^«*»
legal Estate in the said Land or Building shall be vested may, by
the Direction or with the Consent of the governing Body of the
said Institution, if any such there be, sell the said Land or Build-
ing, or Part thereof, or exchange the same for other Land or
Building suitable to the Purposes of their Trust, and receive on
any Exchange any Sum of Money by way of effecting an Equality,
and apply the Money arising from such Sale or given on such
£xchange in the Purcliase of another Site, or in the Improvement
of other Premises used or to be used for the Purposes of such
Trust ; and such Trustees may, with lilte Direction or Consent, or may let.
let Portions of the Premises belonging to the Institution not re-
quired for the Purposes thereof, for such Term, and under such
Covenants or Agreements, as shall be deemed by such governing
Body to be expedient, and apply the Rents thereof to the Benefit
of the Institution.

XIX. The Trustees of such Institution who, by reason of their Trustees to be
being the legal Owner of the Building or Premises, shall become indemnified
liable to the Payment of any Rate, Tax, Charge, Costs, or Ex- .^?1^^^*^®®'
penaes, shall be indemnified and kept harmless by the governing hereof em-
Body thereof from the same, and in default of such Indemnity powered to
aball be entitled to hold the said Building or Premises and other mortgage or
Property vested in them as a Security for their Reimbursement ^^ ^e
and Indemnification, and, if Necessity shall arise, may mortgage ^*^™^'^-
or sell the same, or Part thereof, free from the Trusts of the Insti-
tution, and apply the Amount obtained by such Mortgage or Sale
to their Reimbursement, and the Balance (if any) to the Benefit of
the Institution, subject to the Restrictions herein-before contained
with regard to Lands given and Lands belonging to the Duchies
aforesaid.

XX Where any Institution shall be incorporated, and have no Ptoperty of
Provision applicable to the Personal Property of such Institution, Institatioii, how
and in all Cases where the Institution shall not be incorporated, ^ ^ vested,
the Money, Securities for Moi^ey, Goods, Chattels, and Personal
Efifecta belonging to the said Institution, and not vested in Trus-
tees, shall be deemed to be vested for the Time being in the
governing Body of such Institution, and in all Proceedings, civil
and criminal, may be described as the Monies, Securities, Goods,
Chattels^ and Effects of the governing Body of such Institution
by their proper Title.

XXL Any Institution incorporated which shall not be entitled How Suits by
to sue and be sued by any corporate Name, and every Institution and agunst
not incorporated, may sue or be sued in the Name of the Presi- ?°^^^^ *^
dent. Chairman, principal Secretary, or Clerk, as shall be deter- hrought.
mined by the Rules and Regulations of the Institution, and, in
default of such Determination, in the Name of such Person as

shaU

780 C. 112. 17*^ & 18« VICTORIA. A*D.1854

Bhall be appointed by the goyerning Body for the Occasion ; pro-
vided, that it shall be competent for anj Person having a Claim
or Demand against the Institution to sue the President or Chur-
man thereof, if, on Application to the governing Bodj, some other
Officer or Person be not nominated to be the Defendant.
Suits not to XXIL No Suit or Proceeding in any Civil Court shall ahate

sbate or difl- ^^ discontinue by reason of the Person by or against whom such
®^ ^^ Suit or Proceedings shall have been brought or continued dying

or ceasing to fill the Character in the Name whereof he shall have
sued or been sued, but the same Suit or Proceeding shall be con-
tinued in the Name of or against the Successor of such Person.
How Judgment XXIIL If a Judgment shall be recovered against the Person or
to be enforoed Officer named on behalf of the Institution, such Judgment shall
•8*™*^ not be put in force against the Goods, Chattels, or Lands, or

against the Body of such Person or Officer, but against the Pro-
perty of the Institution, and a Writ of Revivor shall be issued
setting forth the Judgment recovered, the fact of the Party against
whom it shall have been recovered having sued or having been
sued, as the Case may be, on behalf of the Institution onlj, and
requiring to have the Judgment enforced against the Propertj of
the Institution.
Instttution may XXTV. In any Institution the governing Body, if not other-
™^^^*^ wise legally empowered to do so, may, at any Meeting specially
® ® convened according to its Regulations, make any Byekw for the

better Grovernance of the Institution, its Members or Officers^ aod
for the Furtherance of its Purpose and Object, and may impose a
reasonable pecuniary Penalty . for the Breach thereof which
Penalty, when accrued, may be recovered in any local Court of
the District wherein the Defendant shall inhabit or the Instita-
tion shall be situated, as the governing Body thereof shall deem
expedient : Provided always, that no pecuniary Penalty imposed
by any Bvelaw for the Breach thereof shall be recoverable unless
the Bye-law shall have been confirmed by the Votes of Three
Fifths of the Members present at a Meeting specially convened for
the Purpose.
Memben liable XXV. Any Member who may be in arrear of his Subscription
to be 8oed as according to the Rules of the Institution, or may be or shall possess
Strangers. himself of or detain any Property of the Institution in a Manner

or for a Time contrary to such Rules, or shall injure or destroy
the Property of the Institution, may be sued in the Manner
herein-before provided ; but if the Defendant shall be successful
in any Action or other Proceeding at the Instance of the Insdtn-
tion, and shall be adjudged to recover his Costs, he may elect to
proceed to recover the same from the Oflicer in whose Name the
Suit shall be brought, or from the Institution, and in the latter
Case shall have Process against the Property of the said Insti-
tution in the Manner above described.
Members guilty XXVI. Any Member of the Institution who shall steal, pnr-
ofOSSa^ loin, or embezzle the Money, Securities for Money, Gk)ods, and
I^J^^® " Chattels of the Institution, or wilfblly and maliciously, or wilfullj
^^^^' and unlawfully, destroy or injure the Property of such Institntioii,

or shall forge any Deed, Bond, Security for Money, Receipt, or
other Instrument, whereby the Funds of the Institution may hB
exposed to Loss, shall be subject to the same Prosecation, usd if

convicted

A.D.1854. 17*^ & 18« VICTORIiB. C.112. 731

convicted shall be liable to be punished in like Manner, as any
Person not a Member would be subject and liable to in respect of
the like Offence.

XXVII. Whenever it shall appear to the governing Body of Institotioiis
any Institution (not having a Royal Charter, nor established by enabled to alter,
nor acting under any Act of Parliament), which has been esta- ^*??f! ^
blished for any particular Purpose or Purposes, that it is advisable p^Swe. '
to alter, extend, or abridge such Purpose, or to amalgamate such
Institution, either wholly or partially, with any other Institution

or Institutions, such governing Body may submit the Proposition
to their Members in a written or printed Report, and may convene
a Special Meeting for t}ie Consideration thereof according to the
Regulations of the Institution ; but no such Proposition shall be
carried into effect unless such Report shall have been delivered or
sent by Post to every Member Ten Days previous to the Special
Meeting convened by the governing Body for the Consideration
thereof, nor unless such Proposition shall have been agreed to by
the Votes of Three Fifths of the Members present at such Meet*
ing, and confirmed by the Votes of Three Fifths of the Members
present at a Second Special Meeting convened by the governing
Body at an Interval of One Month after the former Meeting.

XXVIII. If any Members of the Institution, being not less Power to Board
than Two Fifths in Number, consider that the Proposition so of Trade to
earned is calculated to prove injurious to the Institution, they ^^^^""^
may, within Three Months after the Confirmation thereof, make appuSl toby
Application in Writing to the Lords of the Conmiittee of Her Two Fifths
A^jesty's Privy Council for Trade and Foreign Plantations, who, Dissentieiits.
St their Discretion, shall entertain the Application, and if, after

due Inquiry, they shall decide that the Proposition is then calcu*
lated to prove injurious to the Institution, the same shall not be
ihen carried into effect ; but such Decision shall not prevent the
Members of such Institution from reconsidering the same Propo-
sition on a future Occasion.

XXIX. Any Number not less than Three Fifths of the Mem- Provinon for
bers of any Institution may determine that it shall be dissolved, tibe BiaBolntion
and thereupon it shall be dissolved forthwith, or at the Time then ^?A^itoeiit
agreed upon, and all necessary Steps shall be taken for the Disposal of theu Affldn
and Settlement of the Property of the Institution, its Claims and
liabilities, according to the Rules of the said Institution applicable

thereto, if any, and if not, then as the governing Body shall find
expedient ; provided, that in the event of any Dispute arising
among the said governing Body or the Members of the Institution
the Adjustment of its Affairs shall be referred to the Judge of the
Coonty Court of the District in which the principal Building of
the Institution shall be situated, and he shall make such Order or
Orders in the Matter as he shall deem requisite, or, if he find it
necessary, shall direct that Proceedings shall be taken in the Court
of Chancery for the Adjustment of the Affairs of the Institution.

XXX. If upon the Dissolution of any Institution there shall Upon a Diaso-
remain, after the Satisfaction of all its Debts and Liabilities, any ^^^^^
ftoperty whatsoever, the same shall not be paid to or distributed J^y|jy2.||*
among the Members of the said Institution or any of them, but

shall be given to some other Institution, to be determined by the
Mconbers at the Time of the Dissolution^ or in Default thereof by

the

732

C. 112, 113.

17** & IS^* VICTOELaE.

A.D.1854.

ProTisofbr
Joint Stock
Companies.

Who is a
Member.

The governing
Body defined.

To what Insti-
tutions the Act
shall apply.

Parish defined.

Short TiUe of
the Act

Heir or Devisee
of Real Estate
not to claim
Biyment of
Mortgage out
of Personal
Assets.

the Judge of the County Court aforesaid ; provided, however, that
this Clause shall not apply to any Institution which shali have
been founded or established by the Contributions of Shareholders
in the Nature of a Joint Stock Company.

XXXI. For the Purposes of this Act, a Member of an Instita-
tion shall be a Person who, having been admitted therein according
to the Rules and Regulations thereof, shall have paid a Sabserip-
tion, or shall have signed the Roll or List of Members thereof;
but in all Proceedings under tliis Act no Person shall be eutitled
to vote or be counted as a Member whose current Subscription
shall be in arrear at the Time.

XXXII. The governing Body of the Institution shall be the
Council, Directors, Committee, or other Body to whom, by Act of
Parliament, Charter, or the Rules and Regulations of the Institu-
tion, the Management of its Affairs is entrusted ; and if no such
Body shall have been constituted on the Establishment of the
Institution, it shall be competent for the Members thereof^ upon
due Notice, to create for itself a governing Body to act for the
Institution thenceforth.

XXXin. The Act shall apply to every Institution for the
Time being established for the Promotion of Science, Literature,
the Fine Arts, for Adult Instruction, the Diffusion of uaefnl
Knowledge, the Foundation or Maintenance of Libraries or Bead-
ing Rooms for general Use among the Members or open to the
Public, of Public Museums and Galleries of Paintings and other
Works of Art, Collections of Natural History, Mechanical tnd
Philosophical Inventions, Instruments, or Designs; provided, that
the Royal Institution, and the London Institution for the Advance*
ment of Literature and the Diffusion of useful Knowledge, shiii
be exempt from the Operation of this Act.

XXXIV. The Term "Parish" shaU signify herein any Place
separately maintaining its own Poor.

XXXY. In all Deeds, Documents, Proceedings, Suits, and Pro-
secutions this Act may be cited and described by the Name of
" The Literary and Scientific Institutions Act^ 1854."

CAP. CXIIL

An Act to amend the Law relating to the Adrainistration of
the Estates of deceased Persons. [11th August 1854.]

< V17HEREAS it is expedient that the Law whereunder the
^ v^ Real and Personal Assets of deceased Persons are ad*
* ministered should be amended :' Be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

I. When any Person shall, after the Thh-ty-firat of Deember
One thousand eight hundred and fifty^four, die seised of or
entitled to any Estate or Interest in any Land or other Here*
ditaments which shall at the Time of his Death be charged with
the Payment of any Sum or Sums of Money by way of Mortgage^
and such Person shall not, by his Will or Deed or other Document,
have signified any contrary or other Intention, the Heir or De-
visee

A-D.1854. !?• & 18« VICTORIiE. C.113,114. Y33

yisee to whom such Land or Hereditaments shall descend or be
devised shall not be entitled to have the Mortgage Debt dis-
charged or satisfied out of the Personal Estate or anj other Real
Estate of such Person, but the Land or Hereditaments so charged
shall, as between the different Persons claiming through or under
the deceased Person, be primarilj liable to the Payment of all
Mortgage Debts with which the same shall be charged, every Part
thereof, according to its Value, bearing a proportionate Part of
the Mortgage Debts charged on the whole thereof: Provided
always, that nothing herein contained shall affect or diminish an;^
Bight of the Mortgagee on such Lands or Hereditaments to obtain
fall Payment or Satisfaction of his Mortgage Debt either out of
the Personal Estate of the Person so dying as aforesaid or other-
wise: Provided also, that nothing herein contained shall affect Ri^htt^imed
the Rights of any Person claiming under or by virtue of any under any Will»
Will, Deed, or Document already made or to be made before the &c before
First Day of January One thousand eight hundred and fiily-five. 1st Jan. 1855.
U. This Act shall not extend to Scotland. Extent of Act

CAP. CXIV.

An Act to extend the Rights enjoyed by the Graduates of
the Universities o{ Oxford a,nd Cambridge in respect to the
Practice of Physic to the Graduates of the University of
London. [1 Ith August 1854.]

^l/'HEREAS a Body Politic and Corporate, by the Name
^ ^ of the University of London^ has been constituted by the
Boyal Charter of Her present Majesty, with Power after Exa-
mination to confer the several Degrees of Bachelor of Medicine
and Doctor of Medicine : And whereas it is expedient that such
and the same Privileges relating to the Practice of Physic as
are enjoyed by Graduates in Medicine of either of the Uni-
versities of Oxford and Cambridge, by virtue of their Degrees
or under any Authority or Licence now conferred upon them by
either of the said last-mentioned Universities, should be enjoyed
by the Graduates in Medicine of the University o£' London:*
Be it therefore enacted by the Queen's most Excellent Majesty,
bv and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
lind by the Authority of the same, as follows :

L Every Bachelor of Medicine and Doctor of Medicine of the Graduates of
said University o£ London shall by virtue of his Degree, and with- th« University
out the Necessity of undergoing 9,ny further Examination, or of ^ I^ndon may
obtaining any further Authority or Licence, be forthwith entitled jSmnSia^*
to practise Physic, as fully, effectually, and extensively in all UniveraitieB of
respects as any Bachelor of Medicine or Doctor of Medicine of Oxford and
either of the said Universities of Oxford and Cambridge is en- Cambridge,
titled to practise by virtue of his Degree or under any Power,
Licence, or Authority now conferred by either of the said last-
mentioned Universities: Provided always, that the Privileges
hereby conferred shall not be construed so as to extend to the
Practice of Surgery, Pharmacy, or Midwifery.

n. ' And whereas it is apprehended that divers Graduates in Graduates in
* Medicine of the said University of London are or may become Medicine of Uie

' exposed UniTersity of

734

C. 114, 116. 17« & IS** VICTORIiE.

A-D.1854.

London indem-
nified for
having acted
witkoat having
obtained Au-
thority from
Universities of
Oxjfoidor
Cambridge.

Short Title. »

< exposed to divert Forfeitares, Pains, or Penalties by reason of

< their having practised Physic in all or some or one of its

* Branches, or of their having done Acts as or under tbeDe-
' scription of Physicians, or Practitioners of Physic, in all or some
' or one of its Branches, without any other Qualification for so
' doing than their having studied for and obtained the Medical

* Degrees of the last-mentioned University, and in particular it is

* apprehended that under the Act passed in the Session of Par-

* liament held in the Sixteenth and Seventeenth Years of the

* Reign of Her present Majesty, Chapter Ninety-six, and the

* Lunatic Asylums Aot» 1863, any Graduate of the University of
^ London practising as a Physician, if not otherwise answering to

* the Definition of a Physician set forth in the Interpretation
' Clauses to such Acts, who may have signed anj Certificates

* under those Acts or either of them, in which he shall have been
^ described as a Physician, is liable to be indicted for t Mis-

* demeanor :' Be it enacted, That all such Graduates in Medicine
of the said University of London who have so practised FhyBic,
or have so done anj such Act, or signed any such Certificate u
aforesaid, shall be indemnified, freed, and discharged from all such
Forfeitures, Pains, Penalties, and Disabilities as they would or
might have been exempt from had they taken their several De-
grees at or obtained Authority or Licence to practise from either
of the said Universities of Oxford and Camhridge^ and that all
such Acts and Certificates heretofore done or signed by any Gra-
duate in Medicine of the said University of London shall be
deemed to all Intents and Purposes as valid and effectual as if this
Act had passed previously to the doing or signing such Aets and
Certificates respectively.

in. This Act may be cited as *' The University of London
Medical Graduates Act, 1854.''

CAR CXV.

An Act to amend the' Law relative to the Removal of Pri-
soners in Custody. [nth August 1854.]

* ^ITTHEREAS by the several Acts of Parliament made and

* * ^ passed for regulating Gaols and Houses of Correction in

< England^ Wales, and Ir^and^ and for the better ordering of

< Prisoners, Provision is made for the Custody and Treatment of

* Debtors as One of the Classes of Prisoners to be confined

* therein : And whereas in some Counties Prisoners for Debt and

* for Contempt of Court are confined in separate Prisons not being

* Gaols within the Meaning of the said Acts for regulating Gaols

* and Houses of Correction and for better ordering of Prisons, and

* Doubts have arisen whether such Prisoners for Debt and Con*

* tempt of Court may be lawfully removed to and confined in sack
' last-mentioned Gaols, and it is expedient that such Doubts

* should be removed, and that the Powers given by Law for the

* Removal of Prisoners in Custody should be enlarged and ren-

* dered more generally applicable :' Be it therefore enacted by the
Queen's most Excellent Mnjesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons^ io

thL«

A.D.1864. I?'* & 18« VICTORLE. C,115. 735

this present FlurHament assembled^ and by the Authority of the
same, as follows :

I. Ffom and after the passing of this Act, when the Common If Common
Gaol for any County in England, Wales, or Ireland shall be Gaol be adapted
adapted for Debtors as a Class of Prisoners to be confined therein, o7^bS« as a
it shall be lawful for the Sheriff of such County, or any other class, they may
Person having Custody of Persons for Debt within any County, be removed
to remove to such Common Gaol all Prisoners in his Custody for thereto.
Debt or Contempt of Court from any Prison in which they may
be confined, and such Common Gaol shall be deemed the legal
Place of Custody for such Debtors, and no such Bemoval shall be
deemed or taken to be an Escape.

n. Provided always. That no such Removal shall take place No sach Be-
until One of Her Majesty's Inspectors of Prisons, acting for the °}**^ ^ *^«
County in which such Common Gaol is situate, on the Appli- c^S^teb '
cation of Her Majesty's Justices of the Peace for such County in inspector of^
Quarter Sessions assembled, shall have signed and transmitted to Prisons,
the Clerk of the Peace for the said County a Certificate in the
Form or to the Effect in the Schedule to this Act annexed, nor
until One of Her Majesty's Principal Secretaries of State or the
Chief Secretary for Ireland shall, by Warrant under his Hand,
direct and authorize such Removal.

UI. From and after such Removal as aforesaid, it shall be law- After snch Re-
ful for the Sheriff of the County to send to and confine in such ^^^ Debtors
Common Gaol all future Prisoners for Debt or for Contempt of ^^ q^*^
Court, which Common Gaol shall be deemed the legal Place for
their Confinement, any Local Act or Usage to the contrary not-
withstanding.

IV. ^ And whereas in some Counties in England and Wales the Where Gover-

* Keeper or Governor of the Common Gaol is by Usage or under aor of Common

* some legal Authority appointed by the Justices in Quarter Gaol appointed

* Sessions assembled, and in Ireland by Boards of Superintendence Soritv than '

' and not by the Sheriff:' Be it enacted. That in all Cases in Shen^ it shall
which the Keeper of any Common Gaol (in which Debtors are or be lawful for
under this Act may be confined) shall be appointed by any Au- him to give
thority other than that of the Sheriff, it shall and may be lawful Security,
for the Keeper so appointed to give Security by Bond or other-
wise to the Sheriff for the Time being for the safe keeping of all
such Debtors as may be placed in his Custody, and such Bond or
other Security may be made and given to such Sheriff for the
Time being, and shall and may be prosecuted by such Sheriff in
case of Default of such Keeper.

V. Provided nevertheless. That, except as aforesaid, nothing Sheriff not re-
herein contained shall tend to relieve the Sheriff of any County lieved from
fixun the Duty of keeping the Common Gaol in the same Manner preaent Obliga*
as is now by Law required from him. ^^^^

VI. All the Powers and Provisions of the several Acts of Par- Present Powers
liament in force authorizing the Disposal of unnecessary Prisons for disposing
shall and may be exercised and applied for the Sale and Dis- ^unnecessary
position of any Prison rendered unnecessary by this Act having Jistw^d!*^
been carried into effect in any County, in the same Manner as if

such last-meutioned Prison were a Gaol or Prison within the
Words or Meaning of the said several Acts of Parliament or any
of them.

VII. * Whereas

r36

a 115, 116. 17" & 18* VICTOBLaE.

AJ).18S4;

Allowances to
Keepers of
Gtolstobe
eontinaed
where super-
seded by this
Act.

14 & 15 Vict
c 104. oon-
tinned.

On Sale or Ex-
change of Part
of Lands, &c.
— isedin

Vn. * Whereas bj the Act Fifty-five Gtot^ the Thwd, Chapter
^ Fifty, Section Two, the Justices of the Peace in Quarter Sessions
^ are authorized to make Allowances to certain Gaolers bj way of
*• Compensation for Fees abolished by that Act : And whereas by

* the Act Seventh and Eighth Victoria, Chapter I^inety-six,

* Section Seventy, it is enacted that every Keeper or other
' Officer of any Debtors Prison whose Emoluments should be di-
' mini shed by that Act might make Claim for Compensation, and
' the Commissioners of Her Majesty's Treasury were thereby
^ anthorized to award a gross or yearly Sum in respect thereof:'
Be it enacted, That the Justices of the Peace assembled in Quarter
Sessions may order and direct that the Allowance (or such Part
thereof as they may think fit) hitherto made to the Keeper of any
Gaol which may become unnecessary by virtue of the Provisions
of this Act may be continued for and during the Life of such
Keeper, and the Commissioners of Her Majesty's Treasury may
continue the Allowance (or such Part thereof as they may think
fit) hitherto made to the Keeper of any such Gaol for and during
the Life of such Keeper.

SCHEDULE.
Form of Certificate.

I hereby certify, that I have inspected
The new Common Gaol ^

The Alterations and Additions p^^^® County of
made to the Common Gaol J
and particularly that Portion of the Building which it is proposed
to appropriate for the Custody of Debtors ; and I further certify,
that the same is in a fit and proper State for the Reception of
such Prisoners as are or may be confined in Prison for Debt or
Contempt of Court within the Jurisdiction of the Sheriff of the
said County.

CAP. CXVI.

An Act to continue and amend an Act to facilitate the
Management and Improvement of Episcopal and Cnpitular
Estates in England. [1 1th August 1854.]

' \/l/'HEREAS the Act of the Fourteenth and Fifteenth Years

* ▼ '^ of Her present Majesty, Chapter One hundred and four,

< was limited to Three Years from the End of the then Session

< of Parliament, and it is expedient to continue and amend the

* same Act :' Be it therefore enacted by the Queen's most Excel-
lent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, as follows :

I. The said Act, as amended by this Act, shall continue in
force for Two Years from the End of the present Session of
Parliament.

n. The Powers and Provisions contained in the Second Sec-
tion of the said Act shall extend to all Cases in which, on the
Sale, Exchange, or Enfranchisement, under the Authority of the

said

A.D.1854. 17» & 18° VICTOELaE. C. 116. 737

said Act or of this Act, of a Part only of anj Lands or other any Lease, Bent
Hereditaments comprised in any Lease or Copj of Court Boll, the ^7 he appor-
Church Estates Commissioneramaj deem it expedient to apportion ^^^^
the Bent reserved bj or payable under the Lease or Grant to the
Ecclesiastical Corporation by whom such Lease or Grant may
have been made.

IIL L) any Case in which the legal Estate and Interest under Trnstees of
any Lease or Grant made by any such Ecclesiastical Corporation ^^ ^^ Settle-
may be vested in any Person or Persons in trust for any other M^ney^En^
Person or Persons, according to the Limitations of any Will or francUsement
Settlement, where such Will or Settlement contains a Direction or
Power to such Trustees to raise Money for the Purpose of pro-
cnring a Renewal of such Lease or Grant, it shall be lawful for
the same Trustees to raise Money for the Purpose of purchasing
the Reversion of or otherwise enfranchising the Property comprised
in such Lease or Grant, in the same Manner, and subject to the
same Conditions, mutatis mutandis, so far as the same may be
applicable to the Case, as may be specified in such Will or Settle-
ment with reference to the raising of Money for the Purpose of
renewing such Lease or Grant.

lY. In every Case where a Treaty shall have been entered Arbitrators
into, under the Provisions of this Act or of the said recited Act, may b« named.
for the Sale, Purchase, or Exchange of any Episcopal or Capitular
Estate in England^ or of any Interest in such Estate, it shall be
lawful, by the Consent of both Parties to such Treaty, and with
the Approbation of the Church Estates Commissioners, to refer
to Arbitration the Finding of the annual Value of such Estate,
and of the Value of the Fee Simple thereof, or either of such
Values, subject to the Exceptions and Reservations, if any, to be
excepted and reserved thereout, and that such Finding shall be
adopted in computing the Terms of such Sale, Purchase, or Ex-
change, regard being had, in the final Settlement of such Terms
in every such Case, to the just and reasonable Claims of the
present Holders of Land under Lease or otherwise, arising from
the long-continued Practice of Renewal, and that in every such
Case One Arbitrator shall be appointed by the Church Estates
Commissioners, and One by the Lessee or intending Purchaser,
and the Two Arbitrators so appointed shall, before they proceed
in the Matter referred to them, appoint an Umpire or Third .
Arbitrator, and the Proceedings upon such Arbitration shall be
conducted in like Manner, and subject to the same Rules and
Enactments, as upon a Reference made by Consent upon a Rule
of Court or Judge's Order: Provided always, that it shall be
lawful for the same Parties to appoint One and the same Person
to act as sole Arbitrator ; and in such Case the Valuations, Acts,
and Award of such Arbitrator shall have the same Effect as
Valuations, Acts, and Award of the Arbitrators and Umpire
under the Provisions herein contained; and in every Case the
Cost^ of such Arbitration and Award shall be in the Discretion
of the said Arbitrators or Umpire, as the Case may be.

V. Notwithstanding anything to the contrary contained in or How Copyhold-
to be implied from the said recited Act, or in the " Copyhold Act, er's Right of
1852,'* or in an Act of the Sixteenth and Seventeenth Years of ^^!^i? ^
Bfer present Majesty, intituled An Act to explain and amend the we*"*"*****
17 & 18 Vict. 3 B Copyhold

738 Ca 16. 17 <* & 18 '^ VICTOEI^ A,D.1854.

Copyhold AcUj whenever a Right of ReDewal of anj Lands bdd
for a life or Lives or for Years by Copy of Court Boll from or
under any Ecclesiastical Corporation shall be disputed bj sucb
Ecclesiastical Corporation or by the Church Estates Commis-
sionerSy or whenever the Person or Persons claiming to be inte-
rested in any such Lands shall be desirous of having the Eight of
Benewal decided by a competent Tribunal, then and in either of
the said Cases it shall be lawful for such Person or Persons to
cause an Action to be brought in any of Her Majesty's Superic^
Courts of Law at Westminster^ in which Action such Person or
Persons shall be the Plaintiff or Plaintiffs, and the Church Estates
Commissioners, together with the Ecclesiastical Corporation from
or under whom such Copyhold or Customary Lands shall be held,
shall be the Defendants, and in which Action the Plaintiff or
Plaintiffs shall deliver a feigned Issue whereby such disputed
Right may be tried, and shall proceed to a Trial at Law of soch
Issue at the Sittings after the Term or at the Assizes then next or
next but one after such Action shall have been commenced, to be
holden for the County within which the Lands, or the greater
Part thereof, are situated, with Liberty, nevertheless, for the
Court in which the same shall have been commenced, or any
' Judge of any One of Her Majesty's Courts of Law at Westmvuter^
to extend the Time for going to Trial therein, or 'to direct the
Trial to be in another County, if it shall seem fit to such Court
or Judge so to do, and the Defendants in any sucli Action shall
enter an Appearance thereto, and accept such Issue ; bat in case
the Parties shall differ as to the Form of such Issue, or in case
the Defendants shall fail to enter such Appearance or accept snch
Issue, then the same shall be settled under the Direction of the
Court in which the Action slmll be brought, or by any Judge of
One of Her Majesty's Courts of Law at Westtmnsterj and the
Plaintiff or Plaintiffs may proceed thereon in like Manner as if the
Defendants had appeared and accepted such Issue ; and the Parties
in such Action shidl produce to each other, their respective Attor*
nies or Counsel, at such Time as any Judge may order, before Trial,
and also to the Court and Jury, upon the Trial of any such Issue,
all Books, Deeds, Court Rolls, Papers, and Writings, Terriers,
Maps, Plans, and Surveys, relating to the Matters in issuer in
their respective Custody or Power ; and it shall be lawful for the
Judge by whom any such Action shall be tried, if he shall think
fit, to direct the Jury to find a Verdict, subject to the Opinion of
the Court upon a Special Case ; and the Verdict which shall be
given in any such Action, or the Judgment of the Court upon the
Case subject to which the same may be given, shall be final and
binding upon all Parties thereto, unless the Court wherein such
Action shall be brought shall set aside such Verdict, and order a
new Trial to be had therein, which it shall be lawful for the said
Court to do if it shall see fit : Provided always, that afl^ such
Verdict given, and not set aside by the Court, or after such De-
cision of the Court, the said Ecclesiastical Corporaticm uid the
Church Estates Commissioners shall be bound by such Verdict or
Decision ; and the Costa of every Action, and of obtaining *
Decision thereon, shall be in the Ldscretion of the Court in or bj
which the same shall be decidec^ which may order the same to

be

A.D.1854. 17» & 18« VICTORIJE. C. 116. 739

Be taxed by the proper Officer of the Court, and the like Execu-
tion may be had for the same as if such Costs had been recovered '
upon a Judgment of Record of the said Court : Provided also, that
in every Case in which the Costs or any Part of the Costs of or
incident to any Action to be brought under the Provisions of this
Act shall become payable by the Defendant in such Action, it
shall be lawful for the Church Estates Commissioners, and they
are hereby required, to pay such Costs out of any surplus Monies
coming or which have come or may come to their Hands in respect
of the Estates of such Corporation, under the Provisions of the
said recited Act or this Act.

VL The Provisions contained in the Sixth Section of the said Provision re-
Act, relative to the Investment and Application of the Monies ^^^ ^^ -^P-
which are to be paid into the Bank of England as thereby directed, J^JJI^^f
shall be subject to the following Provisions ; that is to say, the Sales.
Provisions contained in the Eighth Section of the said Act which
direct the Church Estates Commissioners to require certain Pay-
ments to be made to them by or on behalf of Persons being Eccle-
siastical Corporations Sole or Members of the Ecclesiastical Corpo-
ration Aggregate shall be extended so as to authorize and require
the same Commissioners to apportion every Sum of Money paid
<Jr to be paid into the Bank of England under the Provisions of
the said Act or of this Act so as to set apart for the permanent
Endowment of such Corporation Sole or Aggregate a Share of
such Sum of Money sumcient to secure to such Corporation a
pfermanent net Income equal to that which, if the said Act or this
Act had not been passed, would have been received by such Cor-
poration from the Property by the Enfranchisement whereof such
Money was produced; and the Church Estates 'Commissioners
shall pay over the Remainder of such Sum of Money to the Com-
nyon Fund of the Ecclesiastical Commissioners for England.

Vn. The foregoing Provisions relative to the Apportionment Like Proviaon
of Monies between the Church Estates Commissioners and Eccle- hi respect of
siastical Corporations, and to the Application thereof, shall be con- S"'?^"" *°^
straed to relate to all Lands and other Hereditaments, and to ^^ ^^
every Estate or Interest therein, which may have been or which
may be acquired by any Ecclesiastical Corporation by Purchase or
£zchange under the Provisions of the said recited Act, so as to
authorize the last-mentioned Commissioners to require the Pay-
ment to them by the Ecclesiastical Corporation primarily interested
iii such Lands or Hereditaments of a Sum of Money equivalent to
the surplus Share thereof.

VUl. The Proviso contained in the First Section of the said Froviaons re-
recited Act, with reference to the Sale or Exchange of Tithes or spectiDg local
"Kthe Rentcharges, or Land or Hereditaments allotted or assigned Sjj™ ^"^
in lieu of Tithes, shall be and the same is hereby repealed ; and '"™**
all the Monies so paid or to be paid over to the Ecclesiastical
CommiBsioners for England under the foregoing Provision, which
may have been produced by the Sale, Purchase, or Exchange of
Tithes or Tithe Rentcharges, or Land or Hereditaments assigned
or allotted in lieu of Tithes, which formed Part of the Endow-
ment of ar»y Ecclesiastical Corporation prior to the passing of the
said Act, shall be subject to the Provisions relating to local Claims
wbicl) are contained in the Sixty-seventh Section of the Act passed

SB 2 in

740

CI 16.

17^ & 18» VICTORLaS^.

A.D.1854.

Beferenoeto
Arbitration to
■determine
Value of Lands
Tested or to be
vested in Eccle*
siastical Com-
missioners*

Ecclesiastical
Commissioners
to state like
Particulars as
Church Estates]
Commissioners.

Basis of Beport
of 1850 may be
taken.

How Computa-
tions on the
Duration of
Liyes are to be
calculated.

Interpretation.

in the Third and Fourth Years of Her Migesly's Beign, Chapter
One hundred and tliirteen ; and ip every Case in which any Money
shall as aforesaid be paid oyer to the Ecclesiastical Commissionen
for England in respect of Surplus, the last-mentioned Commis-
sioners shall, in the Annual Beport to be next thereafter made by
them to the Secretary of State, specify the Period at which, at the
Time of the Settlement of the Terms of the Sale, Purchase, or
Exchange in respect of which such Payment was made, it was
estimated that any and every then subsisting Lease or Grant of
the Tithes or Land thereby dealt with would have expired.

IX. In all Dealings between the Ecclesiastical Commissioners
for England as to Lands now vested or which shall hereafter
become vested in them and the Holders of such Lands, it shall be
lawful for the Parties to refer to Arbitration the Finding of the
annual Value and of the Value of the Fee Simple thereof, subject
to the Exceptions and Reservations, if any, to be excepted and
reserved thereout, and such Finding shall be adopted in computing
the Terms of the Sale, Purchase, or Exchange of such Lands or
of any Interest therein, regard being had in the final Settlement
of such Terms in every such Case to the just and reasonable
Claims of such Holders of Land under Lease or otherwise arising
from the long-continued Practice of Renewal, and the said last-
mentioned Parties shall for the Purpose of such Arbitration be
subject to the Provisions herein-before contained as to the Ap-
pointment of Arbitrators and the Payment of Costs.

X. The Ecclesiastical Commissioners for England shall with
reference to their Dealings with Lands vested in them state in
their Reports the like Particulars which the Church Estates Com-
missioners are by the said recited Act required to state in thar
Reports with reference to Lands dealt with by them under the
same Act

XL In computing the due Regard to be paid to the just and
reasonable Claims of the present Holders of Lands under Lease or
otherwise arising from the long- continued Practice of Renewal,
the Basis of Compensation may, at the Discretion and with the
Approval of the Church Estates Commissioners, be that laid down
by the Episcopal and Capitular Revenues Commissioners in their
Report of One thousand eight hundred and fifty, or according to
the Recommendations laid down in the Lords Report on the same
Subject in One thousand eight hundred and fifty-one.

XTL In all Computations in any way dependent on the Dura-
tion of Lives, the Expectation of Life shall not be calculated
according to the Tables commonly known as the Northampton
Tables, nor upon Tables less favourable to the Expect«tion of life
than the Life Tables which are appended to the Twelfth Annual
Report of the Registrar General of Births, Deaths, and Marris^s
in England^ nor than any Tables which may be from Time to Time
issued by the same Authority.

Xni. The Provisions contained in the Eleventh Section of the
said Act with reference to the Interpretation of the Words and
Expressions therein specified shall apply to the same Words and
Expressions whenever they occur in this Act, and the said Act
and this Act shall be read and construed together as One Act

CAP.

A.D.1854. 17** & 18** VICTORIA C.117. 741

CAR CXVII.

An Act to facilitate the Sale and Transfer of Incumbered
Estates in the West Indies. [11th August 1854.]

' T^THEREAS it is expedient that Facilities should be given
* ^^ for the Sale and Transfer of Incumbered Estates in the
' several ffest Indian Colonies mentioned in the Schedule hereto :'
Be it enacted, therefore, by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows ;

Preliminary. PreUminary.

L This Act may for all Purposes be cited as " The West Indian Short Title of
Incumbered Estates Act, 1854." Act

II. This Act shall not take effect until Her Majesty has, by Acthowtocome
Order in Council to be made as herein-after mentioned, directed into operation,
tbe same to come into operation in One or more of the said
scheduled Colonies.

lU. In the Construction and for the Purposes of this Act the Interpretationof
following Terms shall have the respective Meanings herein-after pertam Terms
to assigned them ; that is to say, "^ *^ ^^^

*' Land" shall extend to Sugar and other Plantations, Messuages,
Tenements, and Hereditaments, corporeal and incorporeal, of
every Tenure or Description, and shall include and denote
that Estate or Interest in any Hereditaments which any Per-
son applying for a Sale is possessed of, is entitled to, or ha&
any Mortgage, Charge, or Incumbrance upon :

** Incumbrance" shall mean any Debt, Portion, Legacy, or other
Sum of Money constituting a Charge or Lien on Land, or
raisablc out of Land :

*' Incumbrancer" shall mean any Person entitled to such Incum-
brance, or entitled to require the Payment or Discharge
thereof :

"Possession" shall include the Receipt of the Rents and
Profits :

** Owner" shall mean any Person entitled in possession to Land,
or the Receipt of the Rents and Profits thereof, or who wouldt
be so entitled if there were no Incumbrances on such Land^
for a Term of not less than Thirty Years unexpired, or for
an Estate or Interest for his own Life, or for an Estate or
Interest determinable on the dropping of any other Life or
Lives, or for any greater Estate or Interest :

" Person and Owner " shall extend to a Body Politic or Corpo-
rate as well as to an Individual :

** Commissioners " shall mean the Persons appointed Commis-
sioners for the Sale of Incumbered Estates in the West Indies, .
as herein-after mentioned.

Constitution and Powers of Commissioners, CctuiUutwn

IV. It shall be lawful for the Commissioners of Her Majesty's Commoners.
Treasury for the Time being to appoint any Number of Persons, — ^

not exceeding ThreCi to be Commissioners under this Act during Three Commis-

3 B 3 Her ^onen to be

742 C.117. 17° & 18° VICTOEI^ A.D.1854.

appointed under Her Msyest/s Pleasure, and upon every Vacancy in the Office of

Sign Manual any such Commissioner in like Manner to appoint some other

Person to such Office ; and the said Persons so to be from Tune

to Time appointed shall be Commissioners for the Execution of

this Act, and shall be styled ^* The Commissioners for Sale of

Incumbered Estates in the West Indies,**

Stprle of Com- V. Of the above Commissioners One shall be styled " The Chief

miwionerg. Commissioner," and the other or others shall be styled "Thtf

Assistant Commissioner or Commissioners/
Kesidence of VI. The Chief Commissioner shall be a Barrister-at-Law of not

Commissioners, legs than Ten Years standing, and shall reside in England; the
Assistant Commissionei*s shall from Time to Time be employed
in the Execution of this Act in such Manner as the Chief Com-
missioner may direct.
Power to ap- VIL For the Purpose of aiding in the Execution of this Act,

point Local i}^q Governor or other Person administering the Grovemment of
Commissioners, ^^^ Colony may appoint to be Local Commissioners for such
Colony during Pleasure any Number, not exceeding Three, of the
following Persons ; that is to say.
Any Vice-Chancellor, Chief Justice, Judge,* Attorney General,
Solicitor General, or other Legal or Public Officer holding
any Office in the Colony in which such Appointment is
made ; or
Any other Person usually resident in such Colony.
" Commissioners VIII. The Commissioners shall cause to be made for their Con-
to have a Com- mission such Seal or Seals as they may requii'e, and shall cause to
mon Seal ^j^ sealed with One of such Seals, all Orders, Conveyances, fuid

other Instruments, proceeding from the Commissioners in pursuance
of this Act ; and all such Orders, Conveyances, and other Instru-
ments, or Copies thereof, purporting to be sealed with such Seal of
the Commissioners, shall be received in Evidence, without anj
further Proof.
Power to ap- IX. The Commissioners of Her Majesty's Treasury may from

point, ftcSecre- Time to Time appoint and remove a Chief Secretary, and also
taryi *«• such Assistant Secretaries, Clerks, Messengers, and Officers as

they may deem necessary for the Purposes of this Act, •
Duration of X. The Offices of the Commissioners, and all Powers, Bights,

Office and and Privileges pertaining thereto, shall continue and be in force

Powersof Com- q^j^ fo^ ,^ Period of Six Years next ensuing the Date at which
missioners. ^^lis Act takes eflfect, and from thenceforth until the next Session

of Parliament.
Commissioners XI. No Commissioner shall during his Continuance in Office be
not to sit in capable of being elected or of sitting as a Member of the House of
Parliament Commons.

SalariesofCom- XII. There shall be paid out of Monies to be provided by Par-
missioners. &c, Hament,

andoutofirhat Jq the Chief Commissioner, Two Assistant Commissioners,
Funds paid. QyAef Secretary, and to all such Assistant Secretaries, Clerks,

Messengers, and Officers as may be appointed by the Chief
Commissioner in England, such Salaries as the Commissioners
of Her Majesty's Treasury may from Time to Time recom-
mend, so that the same do not exceed in the following Cases

the Sums herein-after mentioned ; that is to say.

In

A.D.1854. n** & 18» VICTOBIiE. U. 117. 743

In the Case of the Chief Commissioner, the Sum of Two thoii" OMufe'teium

sand Pounds by the Year : ^ P&iotn of

In the Case of each Assistant Commissioner, the Sum of One ^^"'"*""'""^*'
thousand five hundred Pounds by the Year :
The Salaries of the Local Conmussioners, and of all such Assistant
•Secretaries, Clerks, Messengers, and Officers as may be appointed
under this Act in any Colony, shall be paid out of Monies to be
provided they be Colonies as herein-after mentioned.

XIII. The Commissioners may fix such Scale of Fees to be Power of Com-
paid in respect of Proceedings under this Act, both in England minioiien to
and the Colonies, as they think fit, but all Fees to be paid in any ^ S**^® ^
Colony shall be subject to Disallowance or Alteration by the **"•
Legislature of such Colony.

XIV. All Expenses incidental to carrying this Act into execu- Expenses of
tion, and not being such Salaries as aforesaid, or defrayed by Act, how pro-
Fees, shall be paid for if incurred in England^ out of Monies to be ^^^«d *>'•
provided for that Purpose by Parliament, and if incurred in any

Colony, by Monies to be provided for that Purpose by the Legis-
lature of such Colony in manner herein-after mentioned.

XV. Every Commissioner and Local Commissioner appointed Oath of Corn-
under this Act shall, before he enters upon the Execution of his «"««»€«•
Office, take the following Oath ,- that is to say,

* J A.B. do swear, That I will faithfully, impartially, and honestly,

* according to the best of my Skill and Judgment, fulfil all the

* Powers and Duties of a Commissioner under an Act passed in

* the Year of the Reign of Queen Victoria, intituled

* Ikere set forth the Title of this Acty

And such Oath shall, in the Case of the Chief Commissioner and
Assistant Commissioners, be taken before One of the Judges of
Her Majesty's Superior Courts in England, and in the Case of
any Local Commissioner be taken before the Judge of the Supreme
Court of the Colony for which he is appointed Commissioner.

XVI. The Appointment of every Commissioner and Local Com- Pablicatioa of
missioner shall be published as follows ; that is to say. Appointment of
. The Appointment of the Chief Commissioner and Assistant Commissionfiw-

Commissioners, in the London Gazette :
The Appointment of any Local Commissioner, in the Newspaper

of liie Colony in which Government Notices are usually

published ;
And no Commissioner or Local Commissioner shall act until Pub-
lication as aforesaid has been made of his Appointment.

XVn. The Commissioners shall constitute One Court of Record, Commiisionew
having, for the Purposes of this Act, and subject to the Provisions Se^!,5 ^^^*""^ ^'
thereof, Jurisdiction throughout England and any Colony or Colo- **®^®"^
nies within which this Act comes into operation ; and all Proceed-
diogs. Inquiries, Suits, or Trials to be taken, made, or had under
this Act, and all Investigations of any Matters or Things arising
out of or incidental to any such Proceedings, Inquiries, Suits, or
Trials, may, subject to the Provisions herein-after contained, be
at any Stage or at any Time transferred from England to any
Colony, or from any Colony to England. ^. ^ ,^ ^ . PowOTofCom-

XVm. All Acts, Matters, and Things which the Commis- j,^,„,^^j
sioners are by this Act empowered to do, and all the Powers and whom to be
« 3 B 4 Authorities exercised.

744 C. 117. 17* & 18^ VICTOBIiE. AJiMik

Conttitutbrn Authorities hereby given to them, may, under anj Order of Ae
Md Powers of Commissioners made for that Purpose, be done or exercised by
^^"''"*'"""^*' the Person or Persons herein-after mentioned; that is to say,

In England, by the Chief Commissioner, either alone or with

One Assistant Commissioner :

In any Colony, by any Assistant Commissioner, either alone or

jointly with the Local Commissioners of such Colony, or any

One of them, or by the Local Commissioners or Commissioiier

of such Colony, or any Two of them, if more than Two.

CommissioDen XIX. The Commissioners shall frame, and cause to be printed

to frame and and circulated or otherwise promulgated, as they see Occasion,,

promulgate Forms of Application and Directions indicating the Particulars

plici^on. &a" ^^ *^® Information to be furnished to the Commissioners when

any Application is made to them under this Act, with reference

to Title, Incumbrances, and the Circumstances of Land, and sach

other Information as in the Judgment of the Commissioners mxj

assist them in forming an Opinion on such Application, and also

such other Forms and Directions as the Commissioners may deem

requisite or expedient for facilitating Proceedings under this Act

Commissioners XX. The Commissioners shall, having regard to the Laws and

to imike Gene- Usages of each Colony in which the same are intended to take

Jw^n/pro- ®^®^^ ^^^^^ ^y^^ ^^^ *^® following Purposes ; that is to say,

codings under ^^^ regulating the Course of Procedure under this Act; the

this Act several Powers and Duties of the Assistant and Local Cokd-

missioners ; the Conduct of Proceedings in England and the

Colonies; and the Transfer thereof from England to the

Colonies, and from the Colonies to England:

For securing the prompt and due Distribution and Payment of

the Monies received upon Sales under this Act amongst or

for the Benefit of the Persons entitled thereto :

For the Protection, in respect of such Monies, of the Interests

of Persons under Disability, and of future Interests :
For the Protection of the Interests of absent Parties, and of the
Interest of Parties in Cases where the Proceedings are trans-
ferred from England to the Colonies, or vice versa:
• Generally for the due Execution of the Powers vested in the

Commissioners under this Act, and for giving effect to the
Provisions and Objects thereof :
And all Rules so made shall, unless disallowed in manner herein-
after mentioned, have the same Force as if they had been enacted
by Parliament.
Bales to be laid XXL All Rules made under the above Authority shall be laid
Vfore Privy before Her Majesty in Council, and it shall be lawful for Her
oxmciu Majesty by Order in Council to disallow the same, and any Rule

so disallowed shall from the Date of its Disallowance be void^ bat
all Matters and Things previously done in pursuance thereof shall
have the same Validity as if no such Disallowance had taken
place.
Power to Com- XXIL The Commissioners shall have Power —
missioners to 1. To require by Summons under their Seal the Attendance

^^°&r^**" before them, at a Time and Place to be mentioned in such

' Summons, of all such Persona as they may think fit to

examine in relation to any Question or Matter depending
before them :

2. To

A-D.1854* 17 «» & 18« VICTORIA C. 117. 745

2» To require hj a like Summons all such Persons to produce Constitution
before them all Deeds, Books, Papers, Documents, and «J<' Potoers of
Writings relating to such Question or Matter : Commissioners,

3. To examine upon Oath, or in the Case of Persons allowed
to make Affirmation or Declaration in lieu of an Oath,
upon Affirmation or Declaration, (as the Case may re-
quire,) all Persons attending under such Summons, and
ail Persons attending voluntarily as Witnesses.
XXTTT. The Commissioners may, in their Discretion, receive Power to Com-
in Evidence Affidavits ; and such Affidavits may be made in any missionen to
Part of Her Majesty's Dominions before any Person empowered ^J^f^. ^^^
by Law to take Affidavits, and in any other Part of the World ^ apS^t Per-
before any Person authorized by Order under the Seal of the sons to take
Commissioners to take Affidavits ; and the Commissioners may by Affidayits and
a like Order under their Seal authorize any Person in any Part of Examinations.
the World to examine, in such Manner as they think fit, any
Witness or Witnesses in relation to any Application to or Matter
pending before the Conmiissioners, and to administer Oaths, Affir-
mations, or Declarations for the Purpose of such Examination.

XXIY. The Commissioners in relation to any Matter or Ques- Power of Com^
tion before them shall have Power — miBsioners to

To send Cases for the Opinion of any Court of Law or Equity ^^f^^J^^^^f
sitting in England or in any Colony within their Jurisdiction : ^^^ ^*®* ^
To send Questions of Fact to be tried, in England by a Jury, or
in any such Colony as aforesaid either by a Jury or in any
other Manner in which Questions of Fact are usually tried in
such Colony.
XXY. In all Cases within their Jurisdiction the Commissioners Power of Corn-
shall, with respect to the following Matters, that is to say, missionen to
The enforcing the Attendance of Persons summoned to give ^^o"'® Orders.

Evidence,
The enforcing the Production of Deeds, Books, Papers, Docu-
ments, and Writings,
The punishing Persons refusing to give Evidence, or guilty of

a Contempt,
The enforcing any Order whatever made by them under any of
the Powers or Authorities of this Act,
Have in England all such Powers, Rights, and Privileges as are
possessed by the High Court of Chancery for such or the like
Purposes in relation to any Matter depending in such Court, and
have in any Colony within their Jurisdiction all such Powers,
Rights, and Privileges as are possessed by the Supreme Court of
Judicature in such Colony for such or the like Purposes in relation
to any Matter or Thing depending in such Court; and it shall be
lawful for the Commissioners in any such Colony rs aforesaid,
either to carry into effect such Powers, Rights, and Privileges by
Officers appointed by themselves, or to request any such Court of
Judicature as aforesaid, or any Officer thereof, to enforce any
Orders made by them, and such Court or Officer shall thereupon
enforce the same accordingly.

Sales by Commissioners^ and Distribution of Purchase Monies. Sales hf Com-
XXVI. Subject to the Restrictions herein-after mentioned, ««»*w|^» fr<^-
where any Land situate in a Colony within the Jurisdiction of the power of Com«

Commis* missiooeiB to

746 C. 117* 17*^ & 18*^ VICTOBLSi A.D.1854.

sell Land in Commissioners is subject to any Incumbranoe, the Coimmssioners

Colonies, &c shall have Power to sell the same, or such Part thereof as they

think fit, upon Application made to them in manner herein-after

mentioned by the Owner of such Land or any Incumhruicer

thereon.

Applications, XXYU. Where an Application for a Sale of any such Land as

when to be en- aforesaid has been made to any competent Tribunal in the Colony,

tertained. and dismissed with Costs, no Application by the same Party for a

Sale of the same Land or any Part thereof shall be entertained

by the Commissioners unless it is shown that such Costs have

been paid.

Application to XXVIIL Where any such Land as aforesaid is vested in any

J* "?"^_^y Person or Persons in trust for any Owner, an Application for the

f^a Ovmm, ^*^ thereof may be made by such Owner, either with or without

the Concurrence of such Trustee or Trustees, or by such Trustee

or Trustees with the Concurrence of such Owner.

When Inciun- XXIX. Where any Licumbrance is vested in a Trustee or

bruioe subject Trustees, or settled on divers Persons in succession, the Commis-

AeRrrt^^ sioners may act on an Application made by such Trustee or

son entitled, &c Trustees, or by the First Person entitled to the Income of such

to make Appli* Incumbrance, or by any other Person having, in the Opinion of

cation. the Commissioners, an Amount of Interest in the Incumbrance

sufficient to justify his making an Application for a Sale.
Form of Appli- XXX. Every Application for a Side of Land under thi« Act
cation, and to ahall be in such Form as the Commissioners direct, and nay, sab-
whom to be jeet to any Rules to be framed by the Commissioners, be made,
™*^®' at the Discretion of the Applicant, either to the Comfflisoonere

acting in England or in the Colony in which such Land is sita&te.
Duty of Com- XXXI. The Commissioners shall, upon the Receipt of such
misnoners on Application as aforesaid, make such Inquiries as to the Circnm-
Application for stances of the Land in respect of which the same is made, and of
^*^®- the Parties interested therein, either as Incumbrancers, Owners,

or otherwise, and direct such Notices to be given as they think
necessary, to enable them i^^ form a Judgment as to the Expe-
diency of a Sale, and shall hear by themselves, their Counsel or
Agents, any Persons interested in such Land who may apply to
them to be heard, and shall, upon the Conclusion of such Inqui-
ries, and after hearing such Parties, if any, as aforesaid, make
such Order in the Premises as to the Allowance or Disallowance
of a Sale of such Land as they think just.
Restrictions on XXXII. No Sale shall be made by the Commissioners of any
^*^®' Land in the Cases following :

Where the Amount of yearly Interest on the Incumbrances at-
taching to the Land in respect of which any Application is
made, and to any other Land subject to the same Incum-
brances, does not exceed One Half of the net yearly Value of
such Land, and other Land, if any, such yearly Value to be
calciilatcd on the average Profits or Income derived there-
from after deducting all necessary Outgoings during the
preceding Seven Years, or during such other Period as the
Commissioners may, having regard to any special Circum-
stances, think fit :
Where, for any Iteason whatever, it appears to the Commis*
sioners unjust or inexpedient that a Sale should be made.

xxxm In

A.D.1854. 17^ & 18*> VICTORIJE. C. 117. 747

. XXXni. In making any Sale of Land under this Act, the B^rdtobe
Commissioners shall have regard to the Interests of any yearly had to yearly
'Tenants or other Persons, not being Incumbrancers, who may be ^°*?5^ *^?I^
entitled for the Time being, by themselves or their Agents, to inteJest™^***^
receive or retain the Produce of such Land or of any Part thereof^
afid they may, in their Discretion, deal with such Interests in
such One of the Two following Ways as they think just ; that is
jto say, they may either make the Sale subject to such Interests, or
may cause such Interests to be valued at a gross Amount, and treat
the Amount so valued as an Incumbrance, assigning thereto such
Priority as they think fit.

XXXIV. In Cases where any Land to be sold is subject — Power to sell.
To Dower or any Interests in the Nature of Dower, sulgect to an-
To any annual or contingent Incumbrance, a^to Incui^^
To any Incumbrance under the Tei-ms of which the Incum- branees, in

brancer cannot be required to accept Payment of the Prin* certain Cases.

cipal Money for a Term of Years yet to come,
The Commissioners shall deal with such Interests in One of the
Two following Ways ; that is to say, they shall either make the
Sale subject to such Dower, Interests, or Incumbrances, or they
may, with the Consent of the Parties entitled to such Dower
Interest, or Incumbrances, cause the same to be valued at a gross
Amount, assigning thereto such Priority as they think just.

XXXV. Every Sale of Land in pursuance of this Act shall be Sale by Coin-
made, under the Control and Direction of the Commissioners, by missioners.
Public Sale or Private Contract, together or in Parcels, at such

Time and Place and generally in such Manner as the Commis-
dioners think fit ; and every Conveyance of Land so sold shall be
made by the Commissioners under their Seal, and shall be signed
by the Chief Commissioner, or such other Commissioner or Com-
missioners as the Chief Commissioner may direct, and the Execu-
tion by any other Party of such Conveyance shall be unnecessary ;
and such Conveyance shall express the Interests and Incum-
brances (if any) subject to which the Sale is made, and may be in
such Form as the Commissioners may by Order from Time to
Time direct, or as near thereto as Circumstances permit.

XXXYI. No Sale made by the Commissioners shall affect any Saving of
of the following Rights or Payments ; certain Bights.

Any Right of Common, Right of Way, or other Easement ;

Any Tithes or like Ecclesiastical Dues ;

Any^ Crown Rents or other like Sums payable at fixed Periods
to Her Majesty or to the Government of the Colony ;
Except in Cases where the Commissioners undertake to commute
such Crown Rents or other like Sums as aforesaid, which they
shall be at liberty to do, with the Sanction of the Legislature of
such Colony, in Cases where they think it will be for the Benefit
of the Parties interested in the Produce of such Sale, and if they
do so they shall express in the Conveyance that the Land sold is
discharged from such Crown Rents or other Sums, as the Case
maybe.

XXXVn. The Purchase Money on every Sale shall be paid, as Payment of
the Commissioners may direct, either into the Bank of England, Purchase
or into the Commissariat Chest of some Colony named by them, ^^^^'
and be carried to an Account to be opened in the Name of the

Commis-

748

C.117.

17*^ & 18* VICTORIA.

A.D.1854.

Salet hy Com"

missionerSj and

Distribution of

Purchase

Monies,

EfiPect of
ConTeyanoe.

Commissioners
may order De-
livery of Coan-
terpartsof
Deeds, &c. to
Purchaser.

Where an In-
cumbrancer
pnrchaseSyC&m-
missioners may
authorize Pay-
ment into the
Bank of Ba-
lance of Pur-
chase Money,
after retaining
Amount of In-
cumbrance.

Application of

Purchase

Money.

Commissioners to tbe Credit in each Case of tbe Land (describing
the same by the Name of tbe Plantation or Estate to which it be-
longs, or by any other Name the Commissioners think fit) ; and
npon Proof being made to the Satisfaction of the CommiasioneTS,
and in such Manner as they may direct, of any Monies so having
been paid in, the Chief Commissioner, or such other Commissioner
or Commissioners as the Chief Commissioner directs, shall endorse
a Certificate on the Conveyance of such Payment ; and any Par-
chaser who has paid any Money into the Bank or into such Com-
missariat Chest as aforesaid shall be discharged from all Liability
in respect of the Application thereof, and such Endorsement shall
be Evidence of such Payment j and in all Cases Her Majest/s
Government shall guarantee the Safety of all Monies paid in pur-
suance of this Act into the Commissariat Chest of any Colony.

XXXVin. Every Conveyance made by the Commissioners in
pursuance of this Act shall vest in the Purchaser the Land so
sold, subject to such Rights and uncommuted Payments, if any,
as are herein-before declared not to be affected by any Sale by tbe
Commissioners, but discharged from all other Literests, Rights^
Claims, and Incumbrances, except such as may, in pursuance of
the Power herein-before given be expressed in the Conyeyance to
be subsisting on such Land, and no Conveyance made hy the
Commissioners shall be set aside on the Ground of their not
having had Jurisdiction over the Subject Matter thereof.

XXXIX. The Commissioners shall have Power to order the
Delivery to the Purchaser, or as he directs, of all Deeds and Docu-
ments of Title belonging or exclusively relating to the Land soU
which are in the Possession or Power of any of the Parses to
their Order, and, on the Application of any Purchaser, to issue an
Order for the Delivery to him of the Possession of the Land sold,
or of such Part thereof as may not be in the Occupation of any
Person subject to whose Interest the Sale was made.

XL. Upon a Sale of Land under this Act an Incumbrancer or
other interested Person (with the Exception of the Person upon
whose Application the Sale was made), and with the Leave of the
Commissioners such last-mentioned Person, may purchase such
Land or any Part thereof; and if an Incumbrancer becomes a
Purchaser he may, if the Commissioners think fit, retain out of the
Purchase Money such Amount as would, in the Judgment of
the Commissioners, be eventually payable thereout to him in
respect of his Incumbrance, or any less Sum on account •f such
Amount, and pay the Residuue only into the Bank or Commis-
sariat Chest ; and such Retainer shall be without Prejudice to
the Power of the Commissioners to require such Purchaser to
pay back into the Bank or Commissariat Chest the whole or any
Part of the Amount so retained by him, in the event of their
afterwards determining that he is not entitled to retain the same.

XLI. The Commissioners shall apply the Money arising from
any Sale made by them in satisfaction of the Payments herein-
after mentioned according to the Order following ; that is to say,
Firstly, in paying to Her Majesty or the Government of the
Colony the Consideration for the Purchase of such Crown
Rents or other like Sums, if any, as the Commissioners
may have thought fit to commute in manner aforesaid :

Secondly,

A-D.1864* 17*> & 18*^ VICTORIiE. C. 117. 749

Secondly, in pajing all Costs, Charges, and Expenses of and Sales h$ Com*
incidental to the Sale, including the Application for the mnonerj^ cmd
same, or such of them as they think fit to allow : "^^^^St^T ^^

Thirdly, in satisfying the Incumbrances affecting such Land ^ii^^

according to their Priorities :

And lastly, in paying the Surplus to the Parties who were
previously to the Sale entitled to such Land as Owners if
such Parties had an absolute Literest therein, but if had
not an absolute Luterest, then the Commissioners shall lay
out the same in manner herein-after mentioned :
And for the Purposes of this Act the Commissioners shall have
Power, having due regard to the Laws and Customs of each
Colony, to declare the Rights and Priorities of all Parties in-
terested in such Land, whether as Owners, Licumbrancers, or
otherwise howsoever.

XLIL In Cases where the Parties who were previously to the Application of
Sale entitled to such Land as Owners had not an absolute Literest, Money where
such Surplus as aforesaid of the Purchase Money shall be settled ^J^^^lven*
to the same Uses, upon the same Trusts, and in the same Manner ^tledT
to and in which the Land sold stood settled, or such of them as
may be capable of taking effect ; and until such Money is so laid
out it may be paid to Trustees to be appointed or approved by the
Commissioners, for the Purpose of being so laid out as aforesaid,
with such Power for the Investment thereof in Grovemment or
Colonial Stocks, Funds, or Securities in the meantime, and such
Directions for the Payment of the Income of such Investment in
the Manner in which the Rents of the Land to be purchased
would be applicable, as the Commissioners hink fit.

XTJTT. In Cases where the Commissioners appoint or direct Appointment of
the Appointment of Trustees for any of the Purposes of this Act, new Tmstees.
it shall be lawful for the Commissioners to make or to direct to
be made such Provision as they think fit for the Appointment of
new Trustees, on any Event to be determined by the Commis-
sioners.

XLIV. In Cases where a Part only of Land subject to any Provision
Incumbrance is sold, the Commissioners may charge the Part not where a Fart
sold with such Incumbrance, or an apportioned Part thereof, in onjyo^l^and
exoneration of the Money arising from the Sale, and enable Per- Scimbnin^
eons to release the Money arising from the Part so sold from any » gold.
Incumbrance, or to relinquish their Claim on such Money in
respect thereof, without impairing such Incumbrance as to the
remaining Part of the Land originally charged.

XLY. In Cases where it appears to the Commissioners unjust Provision for
or inexpedient that a Valuation should be made of such Interests setting aside
and Incumbrances as they are h^rein-before authorized to cause ponies to meet
to be valued at a gross Sum, it shall be lawful for them to set ^'''^^'^'^
aside and invest any Portion of the Money arising from any Sale
in such Manner as they think fit to meet the Claims of any such
interested Persons or Incumbrancers, and generally the Commis-
sioners shall have Power to make all such Orders and give such
Directions with respect to the Application of the Money arising
from any Sale as they think best adapted to secure the just and
convenient Distribution thereof amongst all interested Parties,
according to their several Rights and Titles.

XLVI. No

**cn'

750 ail7. !?• & 18° VICTORIiE. A.D.1854.

No Payment, XLVT. No Payment under this Act towards the DischaTge of

not being in any Incumbrance, not being a Payment in full, shall prejudice or
fWl, to affect affect any Right or Remedy of the Incumbrancer in respect of
Right of In- tiie Balance, otherwise than as against the Land sold; and no
Manc^&L Payment under this Act in respect of any Incumbrance shall
iinpair any Right or Equity of any Persons out of whose Land
such Payment is made to be reimbursed or indemnified by any
other Person or out of any other Land, except so far as the' Com-
missioners order under any special Circumstances.
Forcbase XL VII. The Commissioners may order any Purchase Money

Money may standing to their Account to be invested in their Name in such
be invested. Grovernment or Colonial Stocks, Funds, and Securities as they
think fit, with Power so vary the same into or for others of a like
Nature ; and until such Stocks, Funds, and Securities are sold by
Order of the Commissioners for the Purposes of this Act, the Di-
vidends thereof shall from Time to Time be applied, under the
Order of the Commissioners, in like Manner as the Rents of the
Land from the Sale of which the Money invested in such Stock?,
Funds, or Securities has arisen would have been applicable.
Power to Com- XL VIII. In Cases where any Money arising from a Sale nnder
miflflioneni to this Act is not immediately distributable, or the Parties entitled
order Money to thereto cannot be ascertained, or where from any other Cause the
CoOTt ofChan- Commissioners think it expedient for the Protection of the Rights
eery. and Interests therein, the Commissioners may order such Uonej,

or any Stocks, Funds, or Securities in which the same may he in-
vested, to be transferred to the Account of the Accountant General
of the High Court of Chancery in England^ in the Matter of the
Parties interested in the same, to be described in such Manner
as the Commissioners direct, in trust to attend the Orders of such
Court, or to be transferred to the Account of such Officer in any
Colony, and be subject to the Jurisdiction of such Court as the
Commissioners direct ; and the Commissioners may by their Order
declare the Trusts affecting such Money, Stocks, Funds, or Secu-
rities, so far as they have ascertained the same, or state (for the
Information of any such Court as aforesaid) the Facts or Matters
found by them in relation to the Rights and Interests therein ;
and the said Court of Chancery and any such Colonial Court as
aforesaid may make such Orders with respect to any such Monies,
Stocks, Funds, or Securities as aforesaid, or the Application
thereof, as the Circumstances of the Case require.
Lands included XLIX. The Commissioners shall have the following additional
in different Ap. Powers in respect of Sales of Land ; that is to say,
plicationa and Where separate Applications are made for Sales under this
ratoS t^**' ^^^ ^^ different undivided Shares of any Land,

same Land may -^ Power, with the Consent of the Applicants, and such

be included in Other Consents as the Commissioners think fit to require,

the same Sale. to include in One Sale all such undivided Shares ;

Where separate Applications are made for Sales under this Act
of difibrent Lands, but such Lands are intermixed, or other-
wise adapted to be sold together,

A Power, with such Consent or Consents as aforesaid, to
include in One Sale such different Lands ;
Where an Application is made to the Commissioners for the
Sale of any undivided Share in Lands, and the Ovmer of any

^ other

A.D.1854. 17^ & 18* VICTORIJH C.117. 751

other iindivided Share or Shares* whether incamhered or Saks ^ Com*

notj in the same Land, is desirous of haying the same sold »jw«o««'«,a«rf

at the same Time, "ft^JS^ ""-^

A Power, with such Consent or Consents as aforesaid, to Monies.

include in One Sale all such Shares as aforesaid: *

And all the Provisions of this Act applicable to any Land subject
to anj Incumbrance, and ordered to be sold under this Act, and
to the Purchase Monej arising from the Sale thereof, and to the
Conveyance thereof, shall, so far as Circumstances admit, be ap*
plicable to any Land or Share in Land to be so included in the
Sale ; and in every such Case as aforesaid the Commissioners shall
apportion the Purchase Money and. Expenses as they see fit.

L. A married Woman for the Time being entitled to receive the Provision
Income of Land for her separate Use, or having a Power of dis- P«"ona nnder
posing of Land, either during her Lifetime or by Will, shall, for I>i«*^^*y«
the Purposes of this Act, be deemed a Feme Sole ; but in other
Cases, where any Person who (if not under Disability) might have
made any Application, given any Consent, done any Act, or been
Party to any Proceeding under this Act, is a Minor, Idiot, Lunatic,
or married Woman, the Guardian, Curator, Tutor, Committee of
the Estate, or Husband respectively of such Person, or if there is
none any Person appointed by the Commissioners, may make such
Applications, give such Consents, do such Acts, and be Party to
such Proceedings as such Persons respectively, if free &om Dis-
ability, might have made, given, done, or been Party to, and
shall otherwise represent such Persons for the Purposes of this
Act.

LI. Proceedings under this Act shall not abate or be suspended Proceedings
by any Death, or Transmission or Change of Interest, but in any J^ot to abate
such Case of Death or Transmission or Change of Interest it shidl ^^ I^eath, &c.
be lawful for the Commissioners, where they see fit, to require
Notices to be given to Persons becoming interested, or to make
any Order for discontinuing, suspending, or carrying on the Pro-
oeedings, or otherwise in relation thereto, which to them appears
just.

Lit. In every Proceeding under this Act the Commissioners Costs^
shall have full Discretion as to the giving or withholding Costs
and Expenses, and as to the Persons by whom and the Funds out
of which the same are in the first instance or ultimately to be paid
and borne ; but, unless the Commissioners otherwise direct^ the
Costs of the Petitioner in respect of any Petition for Sale pre-
sented under this Act, and of the Proceedings thereunder, shall
not be payable out of the Proceeds of the Sale, otherwise than in
the same Order of Priority in which the Incumbrance of the
Petitioner is payable.

T.TTT- In Cases where a competent Court has in the course of Sales nnder
any Proceedings made an Order directing any Land to be sold, this Act may be
the Commissioners may sell the same, without further Inquiry ; niade notjiA-
but int that Events and also in any Case where any competent ^JSm inanv
Court has made an Order in any Proceedings with respect to any ^^ Conn.
Land, or the Rights of any Person interested therein, the Com-
missioners shall, on selling such Land, and in distributing the
Monies arising from such Sale, have regard to the Orders made
bj such Court, and to any Inquiries or Proof made and taken

. * in

752 C. 117. 17** & 18** VICTORLaE. A.D.1864.

Sahf by Qm' in the coarse of such Proceedings with Power, neyertheleas, for

mnnimnv, an^ the Commissioiiers, whenever it appears to them that there is vxj

Purchcue Error in such Order, or any Defect in any such Inquiries or

Monies, Proofs, to direct such Person as they think fit to apply to the

Court in relation thereto, and such Court may make such Order

concerning the Matter of snch Application as it thinks fit ; and

the Commissioners may, out of any Monies arising from any Sale

under this Act, where there have been any such Proceedings as

aforesaid, provide for the Costs of such Application, and may, if

they think fit, order all or any Part of the Purchase Money, after

Payment thereout of such Costs and Expenses as may be payable

under the Orders of the Commissioners, to be paid into the Court

in which any such Proceedings have been instituted.

After Order hy LIY. Where the Commissioners order the Sale of any Land in

Commissioners respect of which any Decree for Sale has been already made by

for Sale, Pro- ^ competent Court, or any Proceedings are pending, they shall,

S^^SSder De- ^^ Certificate under their Seal, notify to such Court the Order so

cree to be ' made by them, and all Proceedings for or in relation to a Sale

stayed, &c. under the Decree of such Court sheJl be suspended ; and upon the

Completion of the Sale under such Order of the Commissioners

any Receiver appointed by such Court shall cease to act as such

Receiver with 'respect to the Land or Part thereof sold; and

pending any Proceedings for a Sale under this Act it shall uot be

lawful for any Owner, Incumbrancer, or other Person interested

in such Land to commence any Proceedings at Law or in Equitj

for Redemption, Foreclosure, or Sale.

Powers of Powers of Commissioners as to Partitiofi^ Exchange, DMon,
CommUsioners ^nd Allotment

^c, ' I'V'. Where an Application is made for a Sale under this Act

r — j^ . of an undivided Share of any Land, or where any such undivided

f^Safe^ofMr** S^*'^ ^*8 ^®^ ^^^ under this Act^ and either before or after

undivided the Conveyance thereof, the Commissioners, on the Application of

Share, or after any Party interested in such undivided Share, or of the Purchaser,

Sale, Commis- (as the Case may be,) and after causing to be given such Notices

sioners may, on ^ ^^^^ Owner or Owners of the other undivided Share or Shares

pirty bte^ ^^ *^® «*™® ^*^^ ^s ^^^y ^^"^^^ ^^ ^^ hearing all such Parties

rested, and interested in the respective Shares as may apply to them, and

giving Notices making such Inquiries as may enable them to make a just Far-

and hearing tition, may, if they think fit, make an Order for the Partition of

^tie^ m^e g^jj^ l^nd ; and in such Order, or in a Map or Plan annexed

urier or Tai^ thereto, shall be shown the Part allotted in Severalty in respect

of each of the undivided Shares in such Land ; and the Part so

allotted in Severalty in respect of each such undivided Share

shall, without any Conveyance or other Assurance, enure to the

same Uses and Trusts, and be subject to the same Conditions,

Charges, and Incumbrances, as the undivided Share in respect

of which the same is so allotted would have enured or been

subject to in case such Order had not been made.

On Application LVL Where an Application is made for a Sale under this Act

for Sale or after of any Land, or where the same has been sold under this Act, '\U

Soner^ onA* ^^^^^^ before or after the Conveyance thereof, Application is made

T»Ucadon**of ^' ^ ^^ Commissioners by any Party interested in such Land, or by

^ inte- the Purchaser, (as the Case may be,) for the Exchange of all or

any

A.D.1854. 17* & 18» VICTORIJE. C.117. 753

any Part of such Land» the Commissioners maj make such In- rested, and widi
quiries as they think fit for the Purpose of ascertaining whether Consent, may
such Exchange would be beneficial to the Persons interested in °^e Order for
the respective Lands, and cause such Notices to be given to Exchange.
Parlies interested in the respective Lands, as they may think fit;
and if, after making such Inquiries, and hearing all such Parties
interested in the respective Lands as may apply to them, the
Commissioners are of opinion that such Exchange would be bene-
ficial, and that tlie Terms tlierefore are just and reasonable, they
may make an Order for such Exchange accordingly ; and in such
Order for Exchange, or in a Map or Plnn annexed thereto, shall
be shown the Lands given and taken in Exchange respectively
tinder such Order ; and the Land taken upon such Exchange under
such Order shall, without any Conveyance or other Assurance,
enure to the same Uses and Trusts, and be subject to the same
Conditions, Charges, and Incumbrances, as the Land given on
such Exchange would have enured or been subject to in case such
Order had not been made.

LYU. It shall be lawful for the Commissioners, in any Colony Partition may
within which this Act may take efiect, upon the Application of he made of
the Owners of any undivided Shares, (not subject to be sold under ^** where
this Act, or as to which no Proceedings for a iSale under this Act g^y^t JJ^
are pending,) to make such Inquiries as the Commissioners think gold under thi
fit for ascertaining whether a Partition would bo beneficial to the Act
Persons interested in such respective Shares ; and in case the Com-
missioners are of opinion that the proposed Partition would be
beneficial, and that the Terms thereof are just and reasonable,
they shall make an Order under their Seal for such Partition
accordingly ; and in such Order, or in a Map or Plan annexed
thereto, shall be shown the Part allotted in Severalty in respect
of each such undivided Share ; and the Part so allotted in
Severalty in respect of each such undivided Share by such Order
of Partition shall, without any Conveyance or other Assurance,
enure to the same Uses, and be subject to the same Conditions,
Charges, and Incumbrances, as the undivided Share in respect of
which the same is so allotted would have enured or been subject
to in case such Order had not been made.

LYIU. It shall be lawful for the Commissioners, in any Colony Exchanges may
within which this Act may take efiect, upon the Application of Je made of
the Owners of Lands in any of the said Colonies not subject to ^^beMSd
be sold under this Act, or as to which no Proceedings for a Sale imder this Act
under this Act are pending, to make or cause to be made such
Inquiries as the Commissioners may think fit for ascertaining
whether an Exchange would be beneficial to the Persons interested
in the respective Lands ; and in case the Commissioners are of
opinion that the proposed Exchange would be beneficial, and that
the Terms thereof are just and reasonable, they shall make an
<>der under their Seal for such Exchange accordingly; and in
such Order for Exchange, or in a Map or Plan annexed thereto,
shall be sho^n the Lands given and taken in Exchange respec-
tively under such Order ; and the Land taken upon such Exchange
under such Order shall, without any Conveyance or other Assur-
ance, enure to the same Uses and Trusts, and be subject to the
same Conditions, Charges^ and Incumbrances^ aa the Laud given
n h 18 Vict. 3 C upon

764 a 117. 17** & 18 " VICTORLaa. A.D.185t

upon Bucli Exchange would have enured or been subject to in case
such Order had not been made.
DiTision of in- LIX. It shall be lawful for the Commissioners, in any Colony
termlxed Lands within which this Act may take eflfect, upon the Application of
he^ *?d'**^*** *^y Number of Persons who are separately Owners of Parcels of
thisAct" ^ Land not subject to be sold under this Act^ or as to whick no
Proceedings for a Sale under this Act are pending, and whicli are
so intermixed, or divided into Parcels of inconvenient Form or
Quantity, that the same cannot bo cultivated or occupied to the
best Advantage, to make such Inquiries as the Commissioners
think fit for ascertaining whether a Division would be beneficial
to the Persons interested in such Lands ; and in case the Com-
missioners are of opinion that a Division would be beneficial, they
shall make an Order for the Division thereof accordingly, with a
Map or Plan thereunto annexed, in which shall be specified as
well the Parcels in which the several Persons on whose Appli-
cation such Order has been made were respectively interested
before such Division as the several Parcels allotted to them re-
spectively by such Order ; and the Parcels of Land taken under
such Division shall enure to the same Uses and Trusts, and be
subject to the same Conditions, Charges, and Incumbrances, u
the several Lands which the Persons taking the same have relin-
quished on such Division would have enured or been subject to in
case such Order had not been made.
Notices of Pap- LX. In the Case of Land in respect of which no Proceedings
titions, Ex- for a Sale under this Act may be pending, no such Order of
^?W"» ^^- Partition, Exchange, or Division as aforesaid shall be made by
ffivcn!^"** the Commissioners until such Notices by Advertisement in such

public Newspaper or Newspapers as the Commissioners direct
have been given of such proposed Partition, Exchange, or Divi-
sion, and Three Months have elapsed from the Publication of the
last of such Advertisements ; and if before the Expiration of such
Three Months any Person entitled to any Estate in or any In-
cumbrance upon any Land included in such proposed Partation,
Exchange, or Division gives Notice in Writing to the Conunis-
sioners of his Dissent from such proposed Partition, Exchange,
or Division, the Commissioners shall not make an Order for the
same unless such Dissent is withdrawn, or it is shown to the
Commissioners that the Estate or Incumbrance of the Party so
dissenting has ceased, or that such Estate or Incumbrance is not
an Estate or Incumbrance in respect of which he is legally entitled
to prevent such Partition, Exchange, or Division ; but no such
Order as aforesaid shall be in anywise liable to be impeached hj
reason of any Infirmity of Estate or Defect of Title of the Person?
on whose Application the same has been made.

Conveyances Convet/anees and Proceedings of Commissioners.

^nof^nmda- ^^^' ^^^T Conveyance executed as required by this Act, aod
sioners, every Order for Partition, Exchange, or Division made by the

Commissioners under their Seal, shall for all Purposes be con-

Conveyanoe, elusive Evidence that every Application, Proceeding, Consent, and

Q^j^Jj^^ ^ Act whatsoever which ought to have been made, given, and done

coQcIiuive. *"' previously to the Execution of such Conveyance, or the makii^

of such Order respectively, has been made, given, and done by

the

A.D.1854. 17* & 18- VICTORIiE. ail7. 766

ihe Persons authorized to make, give, and do the same ; and no
sach Conveyance or Order shall be impeached bj reason of anj
Informality therein.

LXIL The Commissioners shall not be subject to be restrained Prooeedings
in the Execution of their Powers under this Act, nor shall any ^^'^^^^^^
Person be restrained from making Application under this Act to ^|2^^ ^y
the Commissioners, or doing any other Act, or giving any Consent i^jonction, &c.
under the Provisions of this Act, by Order of any Court of Jus-
tice, or by any other legal Process, nor shall the Commissioners
be required by Writ of Mandamus, or any Writ of a like Nature,
to do any Act pr take any Proceeding under this Act, nor shall
Proceedings before them be removable by Certiorari or other Writ
of a like Nature.

LXm. The Commissioners shall not, nor shall any Person Commissioners
acting under their Authority, be liable to anv Action, Suit, or ^^^^^^^^ ^
Roceeding for or in respect of any Act or Matter bond fide done JJ^^^ gde.
or omitted in the Exercise or supposed Exercise of the Powers of
this Act.

LXIV. Every Person who, upon Examination before the Com- Penalty for
mUsioners or any of them, or any Person appointed and authorized ^^ Bwearing.
under this Act by the Commissioners to administer any Oath,
Affirmation, or Declaration, shall wilfully give false Evidence,
and every Person who shall wilfully swear, affirm, or declare falsely
in any Affidavit authorized under this Act to be received in Evi-
dence by the Commissioners, shall be liable to the Pains and
Penalties of Perjury.

Appeal. AfpeaL

LXV. The Commissioners may review, rescind, or vary any Orders may be
Order previously made by them j and it shall be lawful for any Jjriewed by
Person aggrieved by any Order of the Commissioners, with their and"3^<^to'*
Sanction, but not otherwise, to appeal to Her M^esty in Council, prfvy ConneiL
in such Manner, within such Time, and subject to such Rules,
Begulations, and Limitations as Her Majesty may by Order in
Council prescribe; and the Commissioners may, in their Discre*
tion, give or refuse such Sanction, and annex thereto such Condi-
tions, as to giving Security, or otherwise, as they shall think fit ;
bat in all Cases where the Commissioners refuse their Sanction to
any Appeal their Decision shall be finaL

Power to alter Provisions of Act , ^^^ *?.

LXVL Wherever it appears to the Commissioners that by of Act

reaaon of the Prevalence in any Colony of Laws or Customs differ^

ing from those of England^ or that by reason of any other Matter ^?^.®' ^ ^°*"
or Thing whatsoever it is expedient, with the view of carrying JJIS!*5Sten^
into execution the Purposes of this Act, tioo.

That there should be substituted for the Provisions of this Act
or any of them other like Provisions accommodated to the
Laws or Custdms of such Colony ; or
That further Provisions should be made for carrying into exe-
ctttion in such Colony the Orders of the Commissioners ; for
reconciling any Conflict between the Laws of England and
such Colony ; for declaring the Law with respect to any Matter
3 C 2 or

756

C. 117.

17" & 18» VICTOEI^.

A.D.1854.

Orders to "bo
submitted to
Xiegislaturp of
Colony, and
confinned by
Qacen in
Council.

Orders may be
rescinded or
altered.

Act, how to
come into
operation.

or Thing ; or otherwise for more effectually bringing this Act
into operation Within any Colony, or carrying into effect the
Purposes thereof ;
It shall be lawful for the Commissioners, having due Regard to
the Interests of Owners, Incumbrancers, and others, and to the
Laws and Customs of the Colony, by Order under their Seal, to
make any such Substitutions or Provisions as aforesaid, subject
to the Restrictions following ; namely, that such Substitutions or
Provisions shall not be repugnant to the Spirit of this Act or to
the general Law of England^ and shall not affect the Constitution
of the Commissioners as established by this Act; but no such Order
shall be of any Force till the same has been confirmed by Order
of Her Majesty in Council in manner herein-after mentioned.

LXVn. Before any such Order shall be capable of Confirma-
tion, it shall for the Space of Thirty Days be submitted to the
Legislature of the Colony within which the same is intended to
operate; and if such Legislature, within such Period as aforesaid,
express by Resolution their Disapproval tliereof, such Order shall
thereupon be void to all Intents ; but if the Legislature, within the
said Period, express by Resolution their Approval thereof, or come
to no Resolution in respect thereof, the same shall thereupon be
presented to Her Majesty for Confirmation, and, if so confinned,
shall, as soon as conveniently may be, be proclaimed in the Colony,
and upon such Proclamation being made shall have the same Force
within such Colony as if the same had been enacted by Authority
of Parliament.

LXVin. Any Order so confirmed as aforesaid may from Time
to Time be rescinded, amended, or altered, as Occasion may leqwie,
by other Orders, to be made by the Commissioners, and to be raV
mitted to the Legislature of the Colony, and confirmed in lilse
Manner.

LXIX. Her Majesty may from Time to Time, by Order in Coun-
cil, direct this Act to come into operation in any of the said scheduled
Colonies, and thereupon, but not otherwise, the same shall have
th3 Force of Law in such Colony or Colonies named in any such
Order ; but no such Order in Council shall be made in respect ot
any Colony until the Legislature of such Colony has presented an
Address to Her Majesty, praying Her Majesty to issue such Order,
and has also, to the Satisfaction of Her Majesty's Principal Secre*
tary of State for the Colonies, made Provision for the Payment of
the Salaries of the Local Commissioners, and of all such Assistant
Secretaries, Clerks, Messengers, and Officers as may be appointed
under this Act in such Colony, and of such other Expenses of
carrying this Act into execution as are herein-before directed to
be provided for by the Legislature of the Colony.

Jamaica. '
Barbados.
St. Vincent.
Grenada.

SCHEDULE.

Tobago.
St. Lucia.
Antigua.
Dominica.

St. Christopher^s.

Montserrat.

Nevis.

The Virgin Islands.

British Guiana.
Trinidad.
The Bahamas.
The Turks Islands.

CAP.

A.D.1854. 17^ &18*> VICTORIA- C.118. 757

CAP. CXVIIL

An Act to empower the Legislature of Cancula to alter the
Constitution of the Legislative Council for that Province,
and for other Purposes. [llth August 1854.]

* \)l/'B[EREAS an Act of the Session of Parliament holden in
' ^^ the Third and Fourth Years of Her Majesty, Chapter
' Thirty-five, "to reunite the Provinces of Upper and Lower
' '^ Canada, and for the Government of Canada^^ provides amongst
*' other things for the Estahlishment of a Legislative Council in the

* Province of Canada^ consisting of Members summoned thereto

* by the Governor, under the Authority of Her Majesty as therein

* specified : And whereas it is expedient that the Legislature of
' the said Province should be empowered to alter the Constitution
' of the said Legislative Council : And whereas the said Act requires

* Amendment in other respect :' Be it enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Par-
liament assembled, and by the Authority of the same, as follows :

L It shall be lawful for the Legislature of Canada^ by any Act Power to the
or Acts to be hereafter for that Purpose passed, to alter the Manner Legislature of
of composing the Legislative Council of the said Province, and to Canada to alter
make it consist of such Number of Members appointed or to be J^^^ ^^^
appointed or elected by such Persons and in such Manner as to tive Council
the said Legislature may seem fit, and to fix the Qualifications of
the Persons capable of being so appointed or elected, and by such
Act or Acts to make Provision, if they shall think fit, for the
separate Dissolution by the Governor of the said Legislative Coun-
cil and Legislative Assembly respectively, and for the Purposes
aforesaid to vary and repeal in such Manner as to them may seem
fit all or any of the Sections and Provisions of the said recited
Act, and of any other Act of Parliament now in force which relate
to the Constitution of the Legislative Council of Canada: Provided
always, that any Bill or BiUs which shall be passed by the present
Legislative Council and Assembly of Canada for all or any of the
Purposes aforesaid shall be reserved by the said Governor, unless
he think fit to withhold Her Majesty's Assent thereto, for the
Signification of Her Majesty's Pleasure, and shall be subject to
the Enactments of the said recited Act of the Third and Fourth
Years of Her Majesty, Chapter Thirty-five, Section Thirty-nine,
which relate to Bills so reserved for the Signification of Her Ma-
jesty's Pleasure.

IL As soon as the Constitution of the Legislative Council of the Provisions of
Province of Canada shall have been altered under such Act or former Acts of
Acts so assented to by Her Majesty a& aforesaid, all Provisions Parliament to
of the said recited Acts of Parliament of the Third and Fourth new liffislAtive
Years of Her Majesty, Chapter Thirty-five, and of any other Act Council
of Parliament now in force relating to the Legislative Council of
Canada^ shall be held to apply to the Legislative Council so
altered, except so far as such Provisions may have been varied or
repealed by such Act or Acts of the Legislature of Canada so
assented to as aforesaid.

3 c 3 ra. It

758

C.118.

17» & 18« VICT0RL2E.

A.D.1864.

Legislature of
Canada may
Tuy Acts con-
stitating the
new L^slative
Council;

undtovary, &c
the Property
Qoalification of
Members of
Assembly.

Proviso in Sec-
tion 26. of
3 & 4 Vict
4i, 35. repealed.

Section 42. ofj
3 & 4 Vict
c 35. repealed.

Interpretation
of Terms.

HL It shall be lawful for the Legislature of Canada from Time
to Time to varj and repeal all or any of the Provisions of the Act
or Acts altering the Constitution of the said Legislative Coundl^.
Provided always, that any Bill for any such Purpose which shall
Yi^ the Qualification of Councillors, or the Duration of Office of
such Councillors, or the Power of the Governor to dissolve the
Council or Assembly, shall be reserved by the Governor for the
Signification of Her Majesty's Pleasure in manner aforesaid.

IV. It shall be lawful for the Legislature of CauadOy by any
Act or Acts reserved for the Signification of Her Majesty's
Pleasure, and whereto Her Majesty shall have assented as herein-
before provided, to vary or repeal any of the Provisions of the
recited Act of Parliament of the Third and Fourth Years of Her
Majesty which relate to the Property Qualification of Members of
the Legislative Assembly.

V. So much of the Twenty-sixth Section of the said recited Act
of Parliament as provides that it shall not be lawful to present to
the Governor of the Province of Canada for Her Majesty's Assent
any Bill of the Legislative Council and Assembly of the said Pro-
vince by which the Number of Representatives in the LegislatiTe
Assembly may be altered unless the Second and Third Reading of
such Bill in the Legislative Council and the Legislative Assembly
shall have been passed with the Concun-ence of Two Thirds o£
the Members for the Time being of the said Legislative Council
and of Two Thirds of the Members for the Time being of the said
Legislative Assembly respectively, and that the Assent of Her
Mfgesty shall not be given to any such Bill unless Addresses shall
have been presented by the Legislative Council and the L^isUtive
Assembly respectively to the Governor stating that such Bifl has
been so passed, is hereby repealed.

VL The Forty-second Section of the said recited Act of Pw-
liament, providing that in certain Cases Bills of the Legislative
Council and Assembly of Canada shall be laid before both Houses
of Parliament of the United Ejingdom, is hereby repealed ; and,
notwithstanding anything in the said Act of ParUament or in any
other Act of Parliament contained, it shall be lawful for the Go-
vernor to declare that he assents in Her Majesty's Name to any
Bill of the Legislature of Canada^ or for Her Majesty to assent to
any such Bill if reserved for the Signification of Her Pleasure
thereon, although such Bill shall not have been laid before the said
Houses of Parliament ; and no Act heretofore passed or to be
passed by the Legislature of Canada shall be held invalid or in-
effectual by reason of the same not having been laid before the
said Houses, or by reason of the Legislative Council and Assembly
not having presented to the Governor such Address as by the said
Act of Parliament is required.

VIL That in this Act the Word " Governor" is to be under-
stood as comprehending the Governor, and in his Absence the
Lieutenant Governor, or Person authorized to execute the Office
or the Functions of the Grovemor of Canada,

C AF.

A.D.1854. 17** & 18* VICTORUE. C. 119. 759

CAP. CXIX.

An Act for regulating Appointments to Offices in the Court
of Bankruptcy^ and for amending the Laws relating to
Bankrupts. [11th Augtist 1854.]

* Y17HEREAS bj reason of a Diminution of the Business of

* ^ ^ the Court of Bankruptcy Vacancies have not been filled

* up in the Offices of Commissioners for the Birmingham and the

* Bristol Districts respectively, and of a Registrar for the Bristol

* District, and in the present State of the Business of the Court it

* is not necessary that the same should be filled up : And whereas

* the Lord Chancellor ought to be empowered, in manner herein-
^ after mentioned, to regulate the Amount of the Establishment
^ of the Court of Bankruptcy on the Occurrence of future Va-

* cancies, in proportion to the Amount of the Business of the

* Court for the Time being, as far as Circumstances will permit :

* And whereas, in some other Particulars, the Laws relating; to

* Bankrupts and to the Court of Bankruptcy require Amendment :'
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Conmions, in this present Parliament assembled,
and by the Authority of the same, as follows :

L The Vacancies now existing in the Ofllces of Commissioners Present Vacant
of the Court of Bankruptcy for the Birmingham and the Bristol ciea not to be
Districts respectively, and of Registrar for the Bristol District, ^'^ ^ exc»pt
shall not, nor shall any of them, be filled up unless and until the o^r d?Lwd
Lord Chancellor shall, by Order, declare that, having regard to ChanoeQor.
the State of the Business of the Court, he is of opinion that the
said Vacancies, or such One or more of them as shall be men-
tioned in the Order,, ought to be then filled up ; and thereupon
the said Vacancies, or such One or more of them as aforesaid, may
be filled up, as if this Act had not been passed.

II. Upon any future Vacancy in the Office of Commissioner, Lord Chanoel-
by reason whereof there shall be One Commissioner only acting lor may declare
in the Birmingham^ Bristol, Leeds, Liverpool, or Manchester ^ «*»» Vaam-
District, and upon any future Vacancy in the Office of Registrar SSd up^Mweut
for any of the same Districts, the Lord Chancellor may, if, having ^ip^n Spe^u
regard to the then State of the Business of the Court, he shall Order,
so think fit, by Order declare that such One or more of the Va-
cancies aforesaid as shall be mentioned in the Order shall not be
filled up until further Order, and thereupon the same shall not be
filled up accordingly, unless and until the Lord Chancellor shall,
by Order, declare that, having regard to the then State of the
Business of the Court, he is of opinion that any such Vacancy as
aforesaid ought to bo then fiUed up, and thereupon the same may
be filled up, as if this Act had not been passed or such first^men-
tioned Order had not been made. Certain FMvi-

in. * And whereas by Section Nine of an Act passed in the gj^j^g of i & 2*

* Session of Parliament holden in the First and Second Years of W.4.c56.i.9«

* King William the Fourth, Chapter Fifty-six, it is enacted, that repwied, and

« it shall be lawful for His Majesty, His Heirs and Successors, to jjf^^^*^"","**^

* remove any of the Registrars and Deputy Registrars of the Jl^^SStificate

* Court of bankruptcy upon a Certificate from the Court of ofAe Lends

3 C 4 * Review Jusdces.

760

C.119.

17^ & 18<» VICTORIiE.

A.D.1854.

Power to ap- '
point a Person
to act as Regis-
trar tempora-
rily.

Kemmieration
of a Person ap-
pointed to act
under last pre-
oeding Section.

Power to ap-
point Substitute
mcaseofninesSy
&C. of Com-
missioner or
Registrar.

Power to ap-
point Substitute
in reasonable
Absence of
Country Com-
missioner or
Segistrar.

Substitute to
lave like Au-
thority^ &c.

* Review or One of the Subdivision Courts, of some sufficient
^ Reason to be named therein for such Removal :' I^ow be it
enacted as follows :

The said Enactment shall be repealed ; and it shall be kwfnl
for Her Majesty, Her Heirs and Successors, to remove the Chief
Registrar or any of the Registrars for the Time being of the said
Court, acting either in London or in the Country, upon a Cer-
tificate from the Lords Justices for the Time being of the Court of
Appeal in Chancery, of some sufficient Reason to be named therein
for such Removal.

IV. Where, upon any Vacancy in the Office of Registrar for
London or a Country District, it shall seem to the Lord Chan-
cellor that it is necessary that some Person should be then ap-
pointed to attend upon and assist a Commissioner there acting,
but that it is not expedient that a permanent Appointment to the
Office of Registrar there should be then made, the Lord Chancellor
may appoint a fit Person to act as Registrar in and for London or
the Country District, as the Case may require, and in thtt
Capacity to attend upon and assist a Commissioner there acting,
until further Order.

V, Every Person appointed to act under the last preceding
Section may receive, from Time to Time, out of the Monies for
the Time being standing to the Credit of the Chief Registrar's
Account, such Sum or Sums by way of Remuneration for his
Services in the Period during which he shall act, not exceeding in
the whole the Amount to which he would have been entitled as
Salary for the same Period under a permanent Appointment as
Registrar to act in London or in a Country District, as the Case
may be, together with such further Sum (if any) for his necessary
and proper travelling Expenses, as the Lord Chancellor may from
Time to Time order.

VL Where a Commissioner or Registrar, acting either in
London or in a Country District, is temporarily hindered from
discharging his Duty by Illness or unavoidable Absence, the Lord
Chancellor may, if he shall so think fit, appoint a fit Person, who
in the Case of a Commissioner shall be a Serjeant or Barrister-at-
Law of at the least Seven Years standing at the Bar, to act in the
Stead of such Commissioner or Registrar as aibresaid, daring his
Illness or unavoidable Absence.

VII. Where a Commissioner or Registrar acting in a Country
District is absent for any reasonable Cause, the Lord Chancellor
may, if he shall so think fit, from Time to Time appoint a fit
Person, who in the Ciise of a Commissioner shall be a Serjeant or
Barrister-at-Liw of at the least Seven Years standing at tiie Bar,
to act in the Stead of such Commissioner or Registrar as afore-
said, during such Period or Periods as shall not exceed in the
whole the Period of Two Calendar Months in any One Period of
Twelve consecutive Calendar Months.

VIIL Every Seijeant, Barrister, or other Person who shall
under this Act act in the Stead of a Commissioner or Registrar,
or in succession to a Registrar, but without a permanent Ap-
pointment as Registrar, may and shall, while his Appointment
remains in force, have, discharge, and execute all the Jurisdiction,
Rights, Powers, Duties, and Authorities belonging to the Office

of

A.D.1854. 17^ & 18" VICTORIES!. C.119. 761

of the Commissioner or Registrar in whose Stead or in succession
to whom he shall for the Time heing act, with full Validity and
Effect to all Intents and Purposes.

IX. No Vacancy in the Office of Messenger or of Usher shall he Appointments
hereafter filled up without the Sanction of the Lord Chancellor of Messengers
first obtained. and Ushers. .

X. * And whereas by Section Seventy-six of an Act passed in S^tion 76, of ~

* the Session of Parliament holden in the Fifth and Sixth Years ^ & ^ Virt.

* of Her Majesty, Chapter One hundred and twenty- two, it is gg^^ ^\f

* enacted, that a succeeding Judge, Commissioner, Registrar, and 7 g^ g y^^^

* Deputy Registrar respectively shall be paid such proportionate c. 96. repealed,

* Part of their respective Salaries as shall be accruing or shall and Salaries of

* accrue from the Day of the Resignation, Death, or Removal Officers to com-

* from Office of the preceding Judge, Commissioner, Registrar, or An'JSi^^t.

* Deputy Registrar respectively ; and by Section Forty-nine of an ^^
^ Act passed in the Session of Parliament holden in the Seventh

* and Eighth Years of Her Majesty, Chapter Ninety-six, it is

* enacted, that the Successor of any Registrar or Deputy Registrar

* dying, resigning, or being removed shall be entitled to receive
*' such Portion of his Salary as shall be accruing or shall accrue

* from the Day of such Death, Resignation, or Removal :' Now be

* it enacted as follows :

The said Enactments shall bo repealed ; and the Salaries of all
Commissioners and other Officers of the Court of Bankruptcy to
be hereafter appointed shall commence from the respective Times
when they shall respectively be so appointed, and not from the
Times when the respective Vacancies shall have occurred.

XI. The Lord Chancellor shall, within Six Calendar Months Remuneration
after the passing of tliis Act, with the Advice and Assistance of of Official
the said Lords Justices and of any Two or more of the Com- Assignees,
missioners, by Order, direct according to what Scale or Rate, and

in what Manner, and with reference to what Considerations, the
Remuneration of an Official Assignee for his Services in respect
of a Bankrupt's Estate shall be calculated and allowed ; and as
from the Day on which such Order as aforesaid shall take effijct,
the Section of the Bankrupt Law Consolidation Act, 1849, num-
bered Forty-four, shall be repealed, and thenceforth the Court
shall not order or allow any Sum to be paid out of a Bankrupt's
Estate to the Official Assignee thereof, as a Remuneration for his
Services, otherwise than in pursuance of and in accordance with
the Provisions and Directions of such Order as aforesaid, or any
Order amending or substituted for the same ; and the Lord Chan-
cellor may from Time to Time thereafter, with the Advice and
Assistance aforesaid, by Order, regulate such Remuneration as
aforesaid ; and the Provisions and Directions respecting such Re-
muneration as aforesaid contained in the General Order of the
Nineteenth Day of October One thousand eight hundred and fifty-
two, numbered CXXX., shall remain in force and be observed
until the same shall be abrogated or varied by any Order to be
made under this Act.

XU. The Lord Chancellor may, with the Advice and Assist- Fees may be
snce aforesaid, from Time to Time by Order vary or abolish the altered by Or-
Fees by the Bankrupt Law Consolidation Act, 1849, made payable ^J^ ^^
by Stamps, or any of them, or other the Fees for the Time being ^"■**®***<^'*

payable

762 g. 119. 17^ & 18^ VICTORIiE. AJ)AS5L

'payable in rdation to any of the Proceedings in Matters of Bank-
ruptcy or Arrangement in the Court of Bankruptcy or the Court
of Appeal in Chancery, and, if and when it shall seem necessary
or expedient, fix and impose upon or in relation to sach Pro-
ceedings as aforesaid, or any of them, other Fees, or Fees of an
altered Amount, but not of an Amount higher than that by the
• last-mentioned Act prescribed, as far as regards any Fee or Stamp
Duty thereby expressly made payable in respect of any Document
therein specified ; and the Provisions of the same Act respecting
Stamps are hereby extended and applied to and in the Case of
such Stamps as may be required by any Order to be made under
this Act
Per-centa^pe XIII. The Lord Chancellor may, with the Advice and Assist-

^^*^^}**^^ ance aforesaid, if it shall to him seem expedieni^ abolish such
cwmt^nr ^*^ Per-centage as is by the Bankrupt Law Consolidation Act, 1849,
abolished or (Section LIV.,) made payable to the Chief Registrar's Account
varied by or reduce the lowest Rate thereof below One Eighth of a Pound

Order. per Centum, and again re-impose the said Per-centage, and from

Time to Time regulate and vary the same, but so that the highest
Rate thereof shaU not ever exceed the highest Rate made payable
by the said Act.
Power to fix XIV. The Lord Chancellor may, with the Advice and Assist-

Maximnm pay- ance aforesaid, from Time to Time by Order &jl a maximum Sum
able for Fees. ^^ ^^ p^^^ j^ ^^^j Ji^^tter of Bankruptcy or Arrangement in respect
of the Fees, Stamp Duties, Per-centages, or other Charges for the
Time being payable to or in aid of the Fund standing to the Credit
of the Chief Registrar's Account, and raise or lower the same as
may seem expedient ; an^ when in any Matter the total Sum p»d
in respect of such Fees, Stamp Duties, Per-ceutages, or other
Charges as aforesaid, shall amount to the maximum Sum for the
Time being fixed (which shall be ascertained and certified in such
Manner and by such Person as the Lord Chancellor, with the
Advice and Assistance aforesaid, may by Order direct), then and
in that Case there shall not be any further or other Fee, Stamp
Duty, Per-centage, or Charge whatsoever paid or payable in re*
lation to the same Matter, or any of the Proceedings taken or to
pQ taken therein, to or in aid of the Fund standing to the Chief
R^istrar's Account.
Power to make XY. The Section of the Bankrupt Law Consolidation Act,
General Orders. 184^, numbered VUL, is hereby repealed, but not so as to invali-
date any Rule or Order already made thereunder ; and the Lord
Chancellor may, with the Advice and Assistance aforesaid, from
Time to Time by Order vary or abrogate all or any of the Rules
and Orders already made thereunder, or under any other Au-
thority, and now in force, in relation to Matters of Bankruptcy
or Arrangement, and may from Time to Time make and alter or
revoke such Orders as may to him seem expedient for the better
Execution of the last-mentioned Act and this Act, or either of
them, or any other Act relating to Bankruptcy, and for the Regu-
lation of the Practice in Matters of Bankruptcy and Arrangement,
and the Form and Mode of Proceeding therein before and by the
Court of Bankruptcy, and for the ^gulation of the Duties of
the several Officers of the Court of Bankruptcy, and the Fees,
Costs, Charges, and Allowances, as well of Solicitors and of Me3*

sengers

A.D.1854. 17^ & 18* VICTORIiB. C. 119, 763

sengers and UsherSy as also of Auctioneers, Appraisers, Brokers,
Valuers, and Accountants employed by Assignees, Messengers, or
Bankrupts, and for the Taxation thereof respectively.

XVL Every Declaration of Insolvency to be filed on or after Where Dedaia-
the First Day of September One thousand eight hundred and fifty- tioni of ImoI-
four, for the Purposes of the Bankrupt Law Consolidation Act> ^^ ^ °®
1849, under the Authority of that Act as altered by the Act of
the Session of Parliament holden in the Fifteenth and Sixteenth
Years of the Reign of Her Migesty, Chapter Seventy seven, shaU*
in lieu of being in every Case filed in the Office of the Chief
Registrar, be filed in the Court within the District whereof the
Trader filing the same shall have resided or carried on Business
for Six Calendar Months next immediately preceding the Time
of the filing thereof; and the same shall be filed, in the Case of
the Lo9idon District, in the Office of the Chief Registrar, and in
the Case of the Country Districts with the respective Registrars
thereof.

XVII, Thefilingof a Declaration of Insolvency with the Regis- Filing in Coan^
trar of a Country District shall have the same Effect to all Intents ^ ^"^fL
And Purposes as the filing thereof in the Office of the Chief ^"^ cffiectnaL
Registrar would now have.

XV III. The several Registrars acting in the Country shall Copies to be
transmit by Post Copies of all Declarations of Insolvency filed ^^.^ ^^^
with them, inunediately on the filing thereof respectively, to the ^fif'**'*'*-
Chief Registrar, who shall immediately on the Receipt thereof
respectively cause the same to be entered in a proper Book to be

kept by him for that Purpose.

XIX A Copy of a Declaration of Insolvency purporting to be Copy certified
isertified by a Registrar of a Country District as a true (>)py of by Country
a Deckration filed in the Court for that District shall be received S^^ ^ ^
as Evidence of such Declaration as aforesaid having been filed. -Evidence.

XX. The Section of the Bankrupt jjLaw Consolidation Act, Trader peti-
1849, numbered XCIU., is hereby repealed as from the First ??TaIL^^^
Day of September One thousand eight hundred and fifty-four; amcis.

and on and after that Day any Trader liable to become bankrupt
may petition for Abjudication of Bankruptcy against himself,
but, unless he shall forthwith, after filing his Petition and before
Adjudication of Bankruptcy thereunder, make it appear to the
Satisfaction of the Court that his available Estate is sufficient to
produce the Sum of One hundred and fifty Pounds at the least,
his Petition shall be dismissed, and no further Petition shall be
£led by him in the same District without the Leave of the Court
first obtained, and the Adjudication on any further Petition shall
he subject to the like Condition as aforesaid as to his available
Estate.

XXL The Form of Petition for Ac^udication of Bankruptcy FonnofPeti-
presented by a Trader himself which is specified in the Sche- tion of Trader.
dule (O.) to the last-mentioned Act annexed shall, on and after
the First Day of September Onethousand eight hundred and fifty*
four, be altered by the Words ** produce the Sum of One hundred
and fifty Pounds at the least " being inserted therein, in lieu of
the Words **pay his Creditors at least Five Shillings in the
Pound.'*

XXTI. Proof

764

C.119.

17^&18° YICTORLSL

A.D.W54.

Proof of As-
sets to the
Amoantof 150/1
to be sofficient.

Messenger to
follow £i8trac«
tions of Official

Extension of
Time for dis-*
pudng Adjudi-
cation.

Excepted Ar-
ticles to be
allowed to a
Bankrupt.

An Inventory
and Valuation
of the Remain-
der of the
Bankrupt's
Furniture, &c.
to be made,
which shall not
be sold without
the Order of a
CJommissioner.

XXn. Proof bj a Trader petitioning as aforesaid of the Snffi-
cieDcj of his available Estate to the Extent required bj this Act
shall hare the same Force and Effect, to all Intents, and for all
the Purposes of the Bankrupt Law Consolidation Act, 1849, as
Proof bj him of the Sufficiencj of his available Estate to the
Extent required bj that Act would now have for the same
Purposes.

XXIIL After the Appointment of an Official Assignee to act
in anj Bankruptcy, and before the Choice of Assignees by the
Creditors, the Messenger shall follow the Instructions of the Official
Assignee, subject to the Directions and Control of the Court, with
respect to the taking possession of any Part of the Bankrupfd
Estate or Effects of which the Messenger shall not have thea.
already taken possession, and the keeping possession of any Fart
thereof of which he shall then already have taken or shall at any
Time thereafter take possession.

XXIV. The Section of the Bankrupt Law Consolidation Ac^
1849, numbered CCXXXIII., limiting the Time within which
a Person adjudged bankrupt may dispute the Adjudication, shaD,
in the Case of every Person who shall be adjudged bankrupt oo
or after the First Day of September One thousand eight hun-
dred and fifty-four, be construed and acted upon for all Purposes
whatsoever as if the Words " Two Calendar Months'* were therein
inserted, in lieu of the Words " Twenty-one Days.**

XXV. Every Person who shall be adjudged bankrupt on or
after the First Day of September One thousand eight hundred and
fifty- four shall be entitled to retain, for the Use of himself and
his Family, under the Name of excepted Articles, such Articles of
Household Furniture, and Tools, Implements of Trade, and other
like Necessaries as bo shall specify and select^ not exceeding in
the whole the Value of Twenty Pounds ; and such excepted Articles
shall not be subject to bo sold or disposed of in the Bankruptcy,
or to be taken in Execution at the Suit of any Creditor entitled
to prove under the Bankruptcy ; and in all Cases there shall be
filed with the Proceedings in the Court an Inventory of such ex-
cepted Articles, with a Valuation of the same respectively, with
a Certificate signed by the Appraiser or other Person making
such Valuation attesting the Truth thereof, and stating when and
where such Articles were seen and valued; and the reasonable
Expenses and Charge of and for such Valuation, when taxed,
shall be paid by the Official Assignee out of the Proceeds of the
Estate of the Bankrupt, under the Order of the Commissioner.

XXVI. Except where the Court shall otherwise order, an In*
ventory and Valuation of the Remainder of the Bankrupt's House-
hold Furniture, Tools, and Implements of Trade shall be made
and delivered to the Official Assignee ; and where the Bankrupt
shall, by Writing under his Hand, request the Assignees not to
dispose of the same, such Household Furniture, Tools, or Imple-
ments of Trade shall not be disposed of by the Assignees without
previous Order of the Commissioner; and the Commissioner may,
upon the Application 'of the Bankrupt, postpone the Removal and
Sale of the same for such Time as the Commissioner, in the
Exercise of his Discretion, shall think fit, having regard to the
probable Value of the other Property of the Bankrupt, and he

may

A.D.1854. 17^ & 18* VICTORIA. C.119,120. 765

maj permit and suffer the same to remain in the Use and Occu-
pation of the Bankrupt, upon such Terms and Conditions and
with such Security as to the Commissioner maj seem proper, so
as to protect the same from being msAe liable to or sold for the
Payment of anj Kent, Rates, or Taxes which might become due
thereafter for or on account of any House or I^mises wherein «

such Property may be placed, and from being made liable to be
sold for the Payment of any Debt, Claim, or Demand whatsoever
by reason of being in the Possession and Occupation of the Bank-
rupt; and the Commissioner may, at any Time when he shall
think it necessary so to do, order the same to be taken by the
Messenger or ^Assignee, and to be sold for the Benefit of the
Creditors. sM^

^^XVIL ^ the other Estate and Effects of the Bankrupt shall If the Bankrupt
^the due Administration thereof pay to the Creditors such an ^^ be entitled
Amount of Dividend as shall entitle the Bankrupt to an Allowance In^^i, "
in Money, and the Household Furniture, Tools, and Implements of Household
Trade so contained in the last-mentioned Inventory and Valuation Farnitare, &c
shall not have been sold, the Bankrupt shall accept the same at to be taken in
the Valuation so originally put upon the same, or a sufficient Por- ^^®^ ®^ Money,
tion thereof, to be selected by him, with the Approbation of the
Assignees, as and for his jUlowance instead of Money ; and such
Articles of Household Furniture, Tools, and Implements of Trade
so excepted shall be delivered to him, and shall thereupon, without
any Deed of Assignment, revest in the Bankrupt as his own Pro-
perty, and the Official Assignee shall sell for tlie Benefit of the
Creditors such Portions of such Articles as the Bankrupt shall
not be entitled to retain, and such Deduction may be made from
his Allowance for any Diminution in Value in such Articles
occasioned by his having continued to use them since the Bank-
ruptcv as the Commissioner may think reasonable (to be cither
paid by the Bankrupt in Money or the Amount thereof in Value
retained in Goods).

XXVIIL This Act shall be construed, together with the Bank- Construction,
rupt Law Consolidation Act, 1849, as One Act, and may be cited Short TiUe.
as **The Bankruptcy Act, 1854."

CAP. CXX.
An Act to repeal certain Acts and Parts of Acts relating to
Merchant Shipping, and to continue certain Provisions in
the said Acts. [11th August 1854]

* VI7HEREAS by " The Merchant Shipping Act, 1854," tho

* V V Acts rehiting to Merchant Shipping are amended and

* consolidated, and it is expedient to repeal certain Acts and
' Parts of Acts relating to Merehant Shipping, and to make tem-

* porary Provisions with respect to certain of the Matters referred
' to in the said Acts:' Be it therefore enacted by the Queen's
most Excellent Migesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Conunons^ in this present
Parliament assembled, and by the Authority of the same, as Prdmbmy.
follows : «..

L This Act may be cited for all Purposes as ** The Merchant Short Title of
Shipping Repeal Act, 1854." Act.

2. In

76tf

C. 120.

17» & 18« VICTORIiE.

A.D.1854.

Interpretadon
of Terms.

Commence-
' mem of Act

Bepttlof Acts
mentioned In
Schedule.

Continaation of
Local Marine
Boards.

Constmction of
Sections 4 and 9
of the Pilotage
Law Amend-
ment Act» 1853.

Expenses of
Life Boats, &c.
may be charged

2. In the Construction and for the Purposes of this Act the Inter-
pretation of Terms contained in '^The Merchant Shippiag Act,
1854," shall be considered as incorporated with and formii^ Part
of this Act.

8. With the Exception of such Provisions of this Act as are

herein-after expressly stated to be intended to come into operatioD

immediately after the passing thereof, this Act shall come into

operation at the same Time as the Merchant Shipping Act)18l>4.

4. There shall be herebj repealed —

The several Acts and Parts of Acts set forth in the First
Schedule hereto, to the Extent to which such Acts or Parts of
Acts are therein expressed to be repealed, and all such Prori-
sions of any other Acts or of any Charters, and all such Laws,
Customs, and Rules as are inconsistent with the ProTisions of
the Merchant Shipping Act, 1854 :
Provided that such Repeal shall not affect —
(1.) Any Provisions contained in the Act of the Seventh Tear
of His late Majesty King Wiliiam the Fourth, Chapter
Seventy-nine, as to Title, Application of Purchase Money,
or borrowing Money, and having relation to the Power
of purchasing Lighthouses given to the TVtittQf Hmise
by the same Act :
(2.) Any Security duly given before this Act comes into

operation :
(3.> Any Thing duly done before this Act comes into operation :
(4.) Any Liability accruing before this Act comes into opera-
tion:
(5.) Any Penalty, Forfeiture, or other Punidiment incurred or
to be incurred in respect of any Ofienoe commitled
before this Act comes into operation :
(6.) The Institution of any Investigation or legal Proceeding
or any other Remedy for ascertaining, enforcing, or
recovering any such Liability, Penalty, Forfeiture, or
Punishment as aforesaid :
(7.) Any Appointment, Byelaw, Regulation, or Licence duly
made or granted under any Enactment hereby repeded,
and subsisting at the Time when this Act comes into
operation; and the same shall continue in force, but shall
be sulject to such Provisions of the Merchant Shippng
Act, 1854, as are applicable thereto respectively.

6. The Local Marine Boards, the Members of which have
been appointed or elected under the Mercantile Marine Act, 1850)
shall continue to act until the Fourth Day of Fdnruary One
thousand eight hundred and fifty-seven, or until other Boards have
been constituted in lieu thereof in pursuance of ihe IVovisions of
the Merchant Shipping Act, 1854.

e. The Fourth and Ninth Sections of "The Pilotage Law
Amendment Act, 1853," shall be construed as if the Fifth ¥dii of
" The Merchant Shipping Act, 1854," were therein referred to,
m lieu of the Act of the Sixth Year of King George the Fourth,
Chapter One hundred and twenty-five.

7. The Board of Trade may, out of the Mercantile Marine
Fund, direct Payment to be made of such Expenses for estsb*
lishing and maintaining on the Coasts of the United ffingdom

proper

A.D.1854. 17«» & 18^ VICTORIA. 0-120. 76*t

proper Life Boats, with the necessary Crews and Equipments, and on Mercantile
for affording Assistance towards the Preservation of Life and Pro- Marine Fond,
perty in Cases of Shipwreck and Distress at Sea, and for the
granting Rewards for the Preservation of Life in such Cases, as it
thinks fit ; and this Section shall come into operation immediately
after the passing of this Act.

8. Nothing in the Merchant Shipping Act, 1854, or in this Act Exigtfng Lia-
contained, shall operate to prevent the Exercise of the Powers bilities on Mer-
contained in the Twelfth and Sixteenth Sections of the Merchant «^« Marine
Shipping Law Amendment Act, 1853, of paying the Debts, Lia- J^ei "'
bilities, and Expenses therein mentioned out of the Mercantile

Marine Fund : * And whereas it was arranged that a Sum to be
' ascertained by the Calculation of Actuaries should before the
' said last-mentioned Act came into operation be paid by the
^ Trinity House out of the Cash Balances then in their Hands for

* the Purpose of supplying a Deficiency in the Funds of the

* Cinque Ports Pilots, and of indemnifying the Funds of the
' Trinity House Pilots against any Loss consequent upon the Set-
< tlements to be made under the Pilotage Law Amendment Act,

* 1853 : And whereas when the Merchant Shipping Law Amend-
^ ment Act, 1853, came into operation, the said Calculation was

* not completed :' Be it enacted, That such Payment may, with the
Consent of the Board of Trade, be made by the Trinity House
in the same Manner as Pa3rment of the Debts, Liabilities, and
Expenses referred to in the said Twelfth Section of the said
last-mentioned Act; and this Section shall come into operation
immediately after the passing of this Act.

9. All Monies arising from any Wages and Effects of deceased Provision as to
Seamen or Apprentices to the Sea Service which were received Wages, &c re-
before the First Day of January One thousand eight hundred and ceived before
fifty-two shall be applied in the same Manner as if the same had ^^^^

been received under the Provisions of '^ The Merchant Shipping
Act, 1854."

10. The Receiver General of Droits of Admiralty shall, as to all Receiver Gene-
Things to be done by him in virtue of his Office, conform to all ral to confonn
lawful Directions given for that Purpose by the Board of Trade ; ^f^^'^JJSJf ^
and on a Vacancy occurring in his Office no Successor shall be Board of Trade,
appointed, but thereupon all Powers and Privileges vested in such

Beceiver General shidl be transferred to the Board of Trade ; and
this Section shall come into operation immediately after the passing
of this Act.

U. Beceivers appointed b^ the said Receiver General under Powen of
the Act of the Tenth Year of the Reign of Her present Majesty, Board oflYade
Chapter Ninety-nine, shall hold their Offices only during the as to .^point-
Pleasure of the Board of Trade ; and the Serjeants of the Admi- gSi •
ralty of the Cinque Ports, their Deputies or other Officers, autho- •"•^**^^*'"-*
rised to perform the Duties and to exercise the Powers within the
Jurisdiction of the Cinque Ports elsewhere performed and exer-
cised by such Receivers as aforesaid, shall perform and exercise
the same only during the Pleasure and subject to the Directions
of the Board of Trade ; and all such Receivers, Serjeants, Deputies,
and other Officers as aforesaid shall possess in the several Dis'-
tricts within which they have hitherto exercised their Duties the
same Powers^ Rights, and Privileges, and perform the same Dutiesi

as

768

C.120.

17» & 18« VICTORIiEL

A.Da854.

Payment of
Beceivers.

Application of
Tees.

Ninth Part of
Merchant Ship-
ping Act, 1854,
to come into
operation
immediately.

Mode of Pro-
cedure, Cri-
minal Cases.

Penalty on
Masters of
Ships leaying
certain Seamen
in Distress in
this Country.

as are bj the said Merchant Shippiag Act, 1854, vested in and
committed to the Receivers therein mentioned, save only that they
shall not be entitled to take the Command in Cases of Ships or
Boats stranded or in distress, unless authorized so to do by the
Board of Trade.

12. There shall be payable to such Receivers, Serjeants, Depu-
ties, and other Officers as aforesaid such Fees and other Remu-
neration as are by the said Merchant Shipping Act, 1854, made
payable to Receivers appointed thereunder, and Payment thereof
shall be made by the same Persons and in the same Manner, and
shall be capable of .being enforced by the same Means, as Pay-
ment of the Fees or other Remuneration payable to the Receivers
appointed under ** The Merchant Shipping Act, 1854," are pay-
able or capable of being enforced, or as near thereto as Circum-
stances permit; and, save as aforesaid, and saving also anj

' Expenses actually and properly incurred, no such Receiver, Ser-
jeant, Deputy, or other Officer as aforesaid shall be entitled U)
demand or receive from any Person any Fees or other Sums in
respect of any Services performed by him as Receiver ; and this
Section shall come into operation immediately after the psBsing
of this Act.

13. All Fees or other Remuneration received by any such Ee
ceiver, Serjeant, Deputy, or other Officer as aforesaid msy be
applied by him to his own Use.

14. The Provisions contained in the Ninth Part of "The Mer-
chant Shipping Act) 1854," shall come into operation attiiesame
Time as if the same were herein repeated, and were hereby ex-
pressed to be intended to come into operation immediaUly a^ter
the passing of this Act ; and the following Acts, that is V> eay«
the Act of the Seventh Year of King George the Second, Chapter
Fifteen, the Act of the Twenty-sixth Year of King George the
Third, Chapter Eighty-six, and the Act of the Fifty-third Year
of King George the Third, Chapter One hundred and fifty-nine,
shall be considered as repealed immediately after the passing of
this Act,

16. All Criminid Proceedings under " The Seamen's Fund
Winding-up Act, 1851," "The Pilotage Law Amendment Act
1853," "The Merchant Shipping Law Amendment Act, ISoS,**©!
this Act, shall be carried on in the same Manner as similar Pro-
ceedings under "The Merchant Shipping Act, 1854;" and all
Rules of Law, Practice, and Evidence which are applicable to
such last-mentioned Proceedings shall be applicable to Criminal
Proceedings under this Act.

16. If a Native of any Country in Asia, Africa, or of any of
the Islands in the South Sea or the Pacific Ocean, or of any other
Country not having any Consul in the United Kingdom, is broaght
to the United Kingdom in any Ship, BriHsh or Foreign, as a Sea-
man, and is left in the United Kingdom, and vrithin Six Montbi
of his being so left becomes chargeable upon the Poor Bate, or
commits any Act by reason of the Committal whereof he is liable
to be convicted as an idle and disorderly Person, or any other Act
of Vagrancy, the Master or Owner of the said Ship, or in case of
a Foreign Ship the Person who is Conaignee of the Ship at the
Time of the Seaman being so left as aforesaid, shall incor a

PeiuJty

A.D.1854.

17' & 18« VICTORIA.

C.120.

769

Penalty not exceeding Thirty Pounds, unless he can show that
the Person so left as aforesaid quitted the Ship without the Con-
sent of the Master, or that due Means have been afforded by
Boch Master, Owner, or Consignee, or One of them, to such Person,
of returning to his Native Country,' or to the Country in which
he was shipped ; and the Court inflicting such Penalty may order
the whole or any Part of such Penalty to be applied towards the
Relief or sending Home of such Person.

SCHEDULE to which this Act refers.
Acts and Parts of Acts to be repealed.

Beference to Act

Title of Act

Extent of Repeat

8£liz.

Cap. 13.

12 Anne,

Stat.2.Cap. 18.

4 Geo. 1.
Cap. 12.

7 Geo. 2.
Cap. 15.

20 Geo. 2.
Cap. 38.

26 Geo. 2.
Cap. 19.

26 Geo. 3.
Cap. 86.

26 Geo. 3.
Cap. 101.
17 & 18

An Act touching Sea Marks and Mariners.

An Act for the preserving all such Ships and
Goods thereof which shall happen to be
forced on shore or stranded on the Coasts
of this Kingdom or on any other of Her
Majesty*s Dominions.

An Act for enforcing and making perpetual
an Act of the Twelfth Year of Her Lite
Majesty, intituled " An Act for the preserv-
'' ing all such Ships and Goods thereof which
"shall happen to be forced on shore or
" stranded upon the Coasts of this Kingdom
'* or any other of Her Majesty's Dominions ;"
and for inflicting the Punishment of Death
on such as shall wilfully burn or destroy
Ships.

An Act to settle how far Owners of Ships
shall be answerable (or the Acts of the
Masters or Mariners.

An Act for the Relief and Support of maimed
disabled Seamen, and the Widows and Chil-
dren of such as shall be killed, slain, or
drowned in the Merchant Service.

An Act for enforcing the Laws against Per-
sons who shall steal or detain shipwrecked
Goods, and for the Relief of Persons sutfer-
ing Losses thereby.

An Act to explain and amend an Act made in
the Seventh Year of His late Majesty's Reign,
intituled '* An Act to settle how far Owners
" of Ships shall be answerable for the Acts
« of the Masters or Mariners;" and forgiving
a further Relief to the Owners of Ships.

An Act for erecting certain Lighthouses in the
Northern Parts of Great Britain.

The whole Act,
except Section 5.
So much as is
not already re-
pealed.

So much as is
not already re-
pealed.

The whole Act.

So much as is
not already re-
pealed.

So much as is
not already re-
pealed.

The whole Act.

The whole Act

Vict.

3D

770

C.120.

.n^& 18'VICTORIiE.

AD. 1854.

28 Geo. 3.
Cap. 25.

29 Geo. 3.
Cap. 52.

38 Geo. 3.
Cap. 57. (Local
and Personal-)

46 Geo. 8.

Cap. 106.

46 Geo. 8.
Cap. 182.

48 Geo. 8.
Cap. 130.

50 Geo. 3.
Cap. 95.

51 Geo. 3.
Cap. 66.

52 Geo. 3.
Cap. 115.

An Act to render more effectaal an Act passed
in the Twentj-sixth Year of His present
Majesty's Reign, intituled ^An Act for
^ erecting certain Lighthouses in the North-
« em Parts of Great Britain.'*

An Act to give further Powers to the Com-

. missioners for erecting certain Lighthouses
in the Northern Parts of Great Britain.

An Act for incorp^Mnting the Commisaoners
appointed for erecting certain Lighthouses,
in the Northern Parts of Great Britain.

An Act to provide for the better Execution of
the several Acts relating to the Bevenues,
Matters, and Things under the Management
of the Commissioners of Customs and Port
Duties, and of the Commissioners of Inland
Excise and Taxes in Lreland.

An Act for erecting a Lighthouse on the Bell
or Cape Rock on the Extern Coast of Scot-
land, and for enabling the Conmiissioners of
the Treasury to advance a certain Sum of
Money but of the Consolidated Fund of
Great Britain towards that Purpose.

An Act for preventing the various Frauds
and Depredations comnutted on Merchants,
Shipowners, and Underwriters, by Boatmen
and others, within the Jurisdiction of the
Cinque Ports, and also for remedying cer-
tain Defects relative to the Adjustment of
Salvage under a Statute made in the Twelfth
Year of the Reign of Her late Majesty Queen
Anne.

An Act to enable the Corporation for preserv-
ing and improving the Port of Dublin to
erect, repair, and maintain Lighthouses
round the Coast of Lreland, and to raise a
Fund for defraying the Charge thereof.

An Act to amend and render more effectual
several Acts for promoting the Trade of
Dublin, by rendering its Port and Harbour
more commodious, and for erecting, repair-
ing, and maintaining Lighthouses round the
Coast of Ireland, and to raise a Fund for
defraying the Charge thereof.

An Act to make more effectual Provision for
enabling the Corporation for preserving and
improving the Port of Dublin to erect, repair,
and maintain Lighthouses and Lights round
the Coasts of Ireland, and to raise a Fund

. for defraying the Charge thereof.

The irhole Act

The whole Act
The whole Act

Sections 75 and
76.

The whole Act.

The whole Act.

The whole Act.

The whole Act,
so far as re-
lates to Light-
houses and
Light Dues.

The whole Act

A«D.1854.

17*> & 18* VICTORIJE.

0.120.

771

ncfiveaee to Act

TiOeof Act.

Extent of BepsaL

Cap. 159.
54 Geo. 3.
Cap. 136.

55 Geo. 3.
Cap'. IxyiL
(Local and Per-
sonal.)
59 Geo. 3.
Cap. 12.

1 & 2 Geo. 4.
Cap. 76.

4 Geo. 4.
Cap. 88.
6 Geo. 4.
Cap. 125.

9 Geo. 4.
Cap. 86.

11 Geo. 4.
Cap. 20.

4 & 5 Wm. 4.
Cap. 52.

5 & 6 Wm. 4.
Cap. 19.

An Act to limit the Responsibilitj of Ship-
owners in certain Cases.

An Act for enabling the Commissioners of the
Northern Lighthouses to purchase the Island
and Light of May at the Entrance of the
Frith of Forth, for enabling the Commis-
sioners of the Treasury to advance a certain
Sum of Money towards that Purpose, and
for amending several Acts in regard to the
Northern Lighthouses.

An Act for enabling the Commissioners of the
Northern Lighthouses to erect Lighthouses
on the Isles of Man and Calf of Man.

An Act to amend the Laws for the Relief of
the Poor.

An Act to continue and amend certain Acts
for preventing the various Frauds and De-
predations committed on Merchants, Ship-
owners, and Underwriters, by Boatmen and
others, within the Jurisdiction of the Cinque
Ports, and also for remedying certain Defects
relative to the Adjustment of Salvage under
a Statute made in the Twelfth Year of the
Reign of Her late Majesty Queen Anne.

An Act for regulating Vessels carrying Pas-
sengers between Great Britain and Ireland.

An Act for the Amendment of the Law re-
specting Pilots and Pilotage, and also for
the better Preservation of Floating Lights,
Buoys, and Beacons.

An Act to amend an Act for the Amendment
of the Law respecting Pilots and Pilotage,
and also for the better Preservation of Float-
ing Lights, Buoys, and Beacons.

An Act to amend and consolidate the Laws
relating to the Pay of the Royal Navy.

An Act to. amend an Act of the Twentieth
Year of His Majesty King George the Second,
for the Relief and Support of sick, maimed,
and disabled Seamen, and the Widows and
Children of such as shall be killed, slain, or
drowned in the Merchant Service, and for
other Purposes.

An Act to amend and consolidate the Laws
relating to the Merchant Seamen of the
United Kingdom, and for forming and main-
taining a Register of all the Men engaged in
that Service.

3D 2

The whole Act.
The whole Act.

The whole Act

Section 32.

The whole Act^
except Sec-
tions 1,2«3,4,
5, 15, 16, and
18.

The whole Act.
The whole Act.

The whole Act.

Section 82.

So much as is
not already re-
pealed.

So much as is
not alrcftdy re-
pealed.

772

C.120.

17^ & 18« VICTORIA.

A.D.1854.

Reference to Act

Title of Act

EztoitofBepeiL

6 & 7 Wm. 4.
Cup. 79.

1 h 2 Vict.
Cap. 66.

3 & 4 Vict
Cap. 68.

7 & 8 Vict.
Cap. 112.

8 & 9 Vict.
Cap. 86.

8 & 9 Vict.
Cap. 87.

8 & 9 Vict.
Cap. 89.

8&9Vict.
Cap. 116.

9 & 10 Vict.
Cap. 99.

12 Si 13 Vict.
Cap. 29.

12 & 13 Vict.
Cap. 88.

13 & 14 Vict.
Cap. 93.

13 & 14 Vict.
Cap. 95.

14 & 15 Vict.
Cap. 35.

An Act for vesting Lighthouses, Lights, and
Sea Marks on the Coasts of England in the
Corporation of Trinity Hoase of Deptford
Strond ; and for making Provisions respect-
ing Lighthouses, Lights, Buoys, and Beacons,
and Sea Marks, and the Tolls and Duties
payable in respect thereof.

An Act for maintaining a Lighthouse at
Gibraltar, and respecting Lighthouses not
within the United Kingdom.

An Act to enable Her Majesty in Council to
authorize Ships and Vessels belonging to
Countries having Treaties of Reciprocity
with the United Kingdom to be piloted, in
certain Cases, without having a licensed Pilot
on board; and also to regulate the Mode in
^vhich Pilot Boats shall be painted and dis-
tinguished.

An Act to amend and consolidate the Laws re-
lating to Merchant Seamen ; and for keeping
a Register of Seamen.

An Act for the General Regulation of the Cus-
toms.
An Act for the Prevention of Smuggling

An Act for the registering of British Vessels

An Act for the Protection of Seamen entering

on board Merchant Ships.
An Act for consolidating and amending the

Laws relating to Wreck and Salvage.
An Act to amend the Laws in force for the

Encouragement of British Shipping and

Navigation.
An Act to amend the Laws relating to Pilotage.

An Act for improving the Condition of Masters,
Mates, and Seamen, and maintaining Disci-
pline in the Merchant Service.

An Act to amend the Laws relating to the
Customs.

An Act to extend the Benefits of certain Pro-
visions of the General Merchant Seamen's
Act relating to Apprentices bound to the
Sea Service to Apprentices bound to the Sea
Service by Boards of Guardians of the Poor
in Ireland, and to enable such Guardians to
place out Boys in the Naval Service.

The whole Act.

The whole Act.
The whole Act

The whole Act.

Sections 45. 51.

53. and 14a
Section 10.

The whole Ad,

The whole Act

The whole Act

The whole Act

The whole Act
The whole Act

Section 14.

The whole Act,
except' Section
10.

A.D.1854.

17 " & 18" VICTORIiE. C. 120, 121.

773

Beferenoe to Act

Title of Act

Extent of Repeal

14 & 15 Vict

An Act to consolidate and amend the Laws

The whole Act.

Cap. 79.

relating to the Regulation of Steam Navi-
gation, and to the Boats and Lights to be
carried bj sea-going Vessels.

14 & 15 Vict.

An Act to amend the Mercantile Marine Act,

The whole Act

Cap. 96.

1850.

14 & 15 Vict.

An Act to amend the Acts relating to the

Sections 29, 30,

Cap. 102.

Merchant Seamen's Fund, and to provide for

31, 32, 33, 34,

winding up the said Fund, and for the better

35, 36, 37, 38,

Management thereof in the meantime.

and 61.

16 h 17 Vict

An Act further to amend the Law relating

The whole Act^

Cap. 129.

to Pilotage.

except Sec-
tions 3, 4, 5, 8,
10,11,12,13,
and so much of
Section 9 as
relates to the
Recoverv of
Pilotage Rates
by Cinque
Ports Pilots
licensed before
the Act came
into operation.

16 & 17 Vict

An Act to amend various Laws relating to

The whole Act,

Cap. 131.

Merchant Sliipping.

except Sec-
tions 12, 13,
24, 28, and 29.

17 & 18 Vict

An Act to admit Foreign Ships to the Coast-

Section 4.

Cap. 5.

ing Trade.

CAP. CXXL
An Act to apply a Sum out of the Consolidated Fund and
certain other Sums to the Service of the Year One thou-
sand eight hundred and fifty-four, and to appropriate the
Supplies granted in this Session of Parliament

[12th August 1854.]
§ L There shall be applied for the Service of the Year
1854 the Sum of ^22,322,743 9$. lid. out of the
Consolidated Fund,
n. The Treasury may cause -€22,322,743 9*. Ud. o£
Exchequer Bills to be made out in manner pre-
scribed by 48 G. 3. c. 1., 4 4* 5 fV. 4. c. 15., and
6^6 Vici. c. 66.

III. The Clauses, &c in recited Acts extended to this

Act

IV. Interest on Exchequer Bills.

3 D 3 § V. Bank

7U

CA21.

17^ & 18» VICTOBI-^

A.D.1854.

§ Y. Bank ot England may advance .£22,322,743 9«. 1 IdL on the Crodit
of this Act, notwithstanding 5 ^ 6 fV. i^ M. c. 20.

VL Bills prepared bj virtue of this Act to be delivered to the Bank

as Security for such Advances.
VII. Monies raised by Bills to be applied to the Services voted bj the

Commons.
Vlll. Exchequer Bills made chargeable upon the growing Produce of

the Consolidated Fund*
IX. Treasury may apply, for the Service of the Year 1854,

jf 149,342 15«. Id. Surplus of Ways and Means, and ^500,000

Part of Sum in Exchequer.
X. Appropriation of Ways and Means to Services hereafter expressed

—17 * 18 Vict c. 2., 17 ^ 18 Vict c. 3^ 17 fy 18 Vict c, 12,

17 ^ 18 Vict c. 21., and 17 4r 18 Vict e. 23.

XL There shall be issued,

£ 12,874,505 0 0 For Navy Services ; viz.

2,654,371 0 0

1,070,324
143,467

0 0
0 0

50,000

0

0

51,722

0

0

133,451

0

0

22,297

0

0

930,648

0

0

38,259

0

0

1,840,063
379,642

0
0

0
0

[62,000
60,653

0
0

0
0

657,575
476,659
148,798

0
0
0

0
0
0

For Wages to 63,500^
Seamen and Marines,
additional Pay to
Coast Guard Men,
&c., and for Balance
of Pay to Ships "JSf*-
^w'^and '* Terror** '

For Victuals, &c. in the
Navy -

For Salaries, &c of the
Admiralty Office, and
Expenses arising out
of the Declaration of
War

For the Royal Naval
Coast Volunteers

For the Navy Scientific
Departments -

For Naval Establish-
ments at home, &c. -

For Naval Establish-
ments abroad -

For Wages of Artificers,
he. at home

For Wages of Artificers,
&c\ abroad

For Naval Stores, &c.. -

For new Works in Naval
Establishments

For Medicines, &c.

ForNaval Miscellaneous
Services

For Naval Half Pay, &c

For Military Pensions -

For. Civil Pensions -J

FortheYearending
\Slst March im.

AJ).1854. I7« & 18^ VICTORIilv.

j£ 3,321,750 0 0

C.121.

775

20,000 0 0

812,826 0 0

§XII. 8,810,059 0 0

4,723,288 0 0

221,382 0 0

105,093 0 0

17,401 0 0

20,756 0 0

88,000 0 0

20,500 0 0

46,000 0 0

59,600 0 0

356,000 0 0

33,671 0 0

115,889 0 0
75,500 0 0

30,694 0 0

1,216,712
38,000

600,271

44,302

998,000
Xni. 4,583,701

1,014,^9

0 0

0 0

0 0

0 0

0 0

0 0

For Freightof Ships, &c. .
for Army and Ord- I
nance Services - I For the Tear ending

For Expenses of Pri- j 31st March 1855.
soners of War • 1

For Packet Service -J

For Army Services, viz.

For Forces in United"
Kingdom and Stations
abroad (except East
Indies)

For General Staff Offi-
cers, &C.

For Allowances to Offi-
cers, &c. of Public
Military Departments

For Rojal Militarj Col-
lege

For Royal Military Asy-
lum, &c. -

For Volunteer Corps -

For Rewards for distin-
guished Military Ser-
vices

For Pay of General
Officers

For FuU Pay for Retired
Officers

ForHalf Pay for Retired
Officers

For Half Pay for Officers
of disbanded Foreign
Corps, &c - -

For Pensions to Widows

For Compassionate List,

For In-Pensioners of
Chelsea and Kilmain*
ham Hospitals

For Out-Pensioners of
CheUea Hospital, &c.

For Superannuations in
Military Public De-
partments -

For Commissariat De-
partment

For Half Pay of Com-
missariat Department

For Militia

From

1st AprU 1854

to

31st March 1866.

For Ordnance Services ;
viz.
0 0 For Pay of Ordnance! For theTear ending
Military Corps -/ 31st March 1855.

3D 4

:r76

C.121.

17* & 18 • VICTORIjE.

A.D.1854.

jfc? 653,910

73,719

283,646

266^524
995,427

932,821
154,368
177,998

31,000

§ XIV. 16,024,100

500,000

XV. 2,000,000

XVI. 100,000

xvn.

xvm.

.For the Year ending
r 31st March 1855.

0 0 For Commissariat and'
Barrack Supplies, &c«

0 0 For Expense of Ord-
nance Office - ,

0 0 For Establishments at
home and abroad

0 0 For Wages, &c.

0 0 For Ordnance Stores for
Land and Sea Service

0 0 For Works and Bcpairs

0 0 For Scientific Branch -

0 0 For Non-effective Ser-
vices

6 0 'For Enfield Factory -^

0 0 To pay off ExchequerBills of 1854 ; and

0 0 To discharge Supplies for 1853, or for anj
preceding Year.

0 0 For additional Expense in the War against
Russia,

0 0 For Civil Contingencies''

Civil Services. — Class 1
135,863 0 0

19,437 0 0

Royal

To
> 31st Marrh 1855.

For Repair of

Palaces, &c;
For Completion of South
Wing of Buckingham
Palace
66,585 O 0 For Repair of Royal
Parks, &c.
141,294 0-0 For New Houses of Par-
liament
10,000 0 0 For additional Works, &c

Office, in 1854.
10,000 0 0 For Public Record Repository, in 1854.
155,486 0 0 For Holyhead Harbour
237,000 0 O For Harbours of Refuge
676 0 0 For PtMrt Patrick Har-
bour
26,118 0 0 For Public Buildings in
Department of Public
Works in Ireland -
13,370 0 0 For KingstownBxiThoMx

at Stationery

Civil Services. — Qass2.

83^076 0 0 For Salaries, &c of
Houses of Parliament

55,146 0 0 For the Treasury

27,552 0 0 For the Home Depart-
ment - - .

72,372 0 0 For theForeign Depart-
ment

40,550 0 0 For Department of War
and Colonies -

To
31st March 1855.

AJ).l8S4i.

17^ & 18<> VICTORUE.

C.121.

777

210,902 0 0

j« 2,700 0 0 For Lord Pi-ivj Seal -'
23,850 0 0 For Office of Paymaster
General
7,295 0 0 For Department of
Comptroller General
of Exchequer
20,124 0 0 For Office of Commis-
sioners of Works and
Public Buildings
22,846 0 0 For Office of Woods,
Forests, &c.
2,791 0 0 For State Paper Office
3,463 0 0 Part Expenses of Ec-
clesiastical Commb-
sioners - - -
For Administration of
Poor Laws -
82,504 0 0 For the Mint -
12,691 0 0 For Public Records -
15,115 0 0 For Sakries, &c. of In-
spectors of Factories,
&c. - . .
. 1,700 0 0 For Civil Charges, 5co^

6,283 0 0 For Officers, &c. of Lord
Lieutenant ( ^Ireland

16,744 0 0 For Salaries of Chief Se-
cretary, he. Ireland -
6,704 0 0 For Paymaster of Civil
Services, Ireland

24,218 0 0 For Board of PubUc
Works, Ireland

32,000 0 0 For Foreign and Secret
Services
255,560 0 0 For Stationery, &c. for
Public Departments -

68,600 0 0 For the Privy Council,
Privy Council for
Trade, Education
Office, &c.

CrviL Services. — Class 3.

§XIX. 29,561 0 0 For Office of Solicitor to

the Treasury, inclu-
ding Prosecutions re-
lating to Coin, &c. -

17,079 0 0 ForExpensesofShcrifls,

Salaries of Officers of

the Exchequer, &c. -

8,415 0 0 For Insolvent Debtors

Court

92,455 0 0 For Law Expenses,
Scotland

To
81st March 1855.

778 a 121,

jf 55,470 0 0

37,000 0 0

250,000 0 0

17,306 0 0

371,383 0 0

164,165 0 0

92,765 0 0

342,702 0 0

Civil Services.-

§XX. 263,000 0 0

193,040 0 0

79,845 0 0

2,006 0 0

3,875 0 0

7,710 0 0

300 0 0

300 0 0

2,600 0 0

2,259 0 0

55,225 0 0

101,142 0 0

1,500 0 0

7,490 0 0

2,020 0 0

500 0 0

L7- & 18- VICTORIiE.

For Criminal Proseou*'
tions, and Law Char-
ges, Ireland -

For Metropolitan Police,
Dublin

For Charges formerly
paid oat of County
Rates

For General Superinten-
dence of Prisons, te.

For GroremmentPrisons,
andConvictEstahlish*
ments at home

For Maintenance of Pri-
soners and Removal of
Convicts

For Transportation of
Convicts

For Convict Estahlish-
ments in the Colonies

— CZaM4.

For Public Education
in Great Britain

For Education, Ireland

For Department of Prac-
tical Art, &c -

For certain Professors
at Oxford and Cam-
bridge

For London University -

For Grants to Scottish
Universities

For Royal Irish Aca-

A.D.1854.

For Royal Hibernian
Academy

Fop Royal Belfast Aca-
demical Institution -

For Queen's University,
Ireland

For Salaries and Ex-
penses of British
Museum

For new Buildings, &c.
at British Museum -

For Antiquities for
British Museum

For National Gallery -

For Magnetic Observa-
tories, &C,

For Royal Greographical
Society - - ,

To
' 3l8t March 1855.

A.T>J854V I7°.& IS- VICTOilLSL 0.121. 77!

Civil, SxBTicxs. — Chut 5. ^

5 XXI. jfi 4,049

0 Q For Ciyil Establishment
of the Bermudcts

7,5*7

0 0 For Ecclesiastical Es-

1

tablishment, BrUiih
North American E*ro-
Tinces

9,438

0 0 For Indian Department

"■

in Canada

2^928

0 0 For Salaries of GoTcr-
non^itcof West India
Colonies and Prince
Edwar^Ts Island

•

28,875

0 0 For Salaries, &c. of Sti-
pendiary Justices in
West India Colonies
and the Mauritius -

HUO

0 0 ForCivilEstabUshments
on the Western Coast
of Africa

0 0 For ^Helena

11,276

2,383

0 0 For Western Australia -

976

0 0 For Heligoland -

-■

3,023

0 0 For Falkland Islands -

4,400

0 0 For British Settlement

'

at JBong Kong

To

1,000

0 0 For Labuan

dlst March 1855

. . - .. 16,840

0 0 For Colonial Land and
Emigration Board, &c

20,000

0 0 For Support of captured
Negroes, &c. -

11,250

0 0 For Commissions for
suppressing the Slave
Trade

15^,865

0 0 For the Consukr Esta-
blishments abroad -

18,500

0 0 For Missions abroad -

CiYii Skbvicbs.— CZoM 6.

XXII. 135,772

0 0 For Superannuationa,
&c. to Public Officers

4561

0 0 For Totthnese and Cor-

*

ncan Emigrants, &c.-

2,210

0 0 For National Vaccine
Institution, in 1854 -

325

0 0 ForRefugeforDestitute,
in 1854 -

^200

0 0 For i\>/wARefugee8, &c.

4,469

0 0 To pay MisceUaneous
Allowances

1,352

6 0 For Foundling Hospital
Department, House of
Industry, Dublin -j

780

0.121.

17*&18» VICTORLSl

A.D.18M.

jf 11,859 0 0 For House of Industry/
Dublin
500 0 0 For Female Orphan
House, Dublin
1,216 0 0 For Westmoreland Lock
Hospital, Dublin
600 0 0 For Lying-iu Hospital,

Dublin
795 0 0 For Dr. StevenJ Hos-
pital, Dublin •
1,900 0 0 For House of Recovery,
&c Dublin
250 0 'O For Hospital for Incur-
ables, Dublin -
38,745 0 0 For Protestant Dissent-
ing Ministers, /re/aiu/
6,426 0 0 For Charitable Allow-
ances, &C., Ireland •

Civil Services. — Cla$$e$ 7 and 8.

§xxni.

13,930
15,000

7,550
900

23,700
78,815

25,500
36,000

0 0

0 0

0 0
0 0

0 0

0 0

3,393 0 0

10,900
2,500

27,500 0 0

For Incumbered Estates
Commission, Ireland"
. For Charity Commis-
sion for England and
Wales

For Statute Law Com-
mission

For Commission for
Publication of An-
cient Laws of Ireland

For Compensations, &c.
payable under the
Patent Law Amend-
ment Act

For Pensions to Masters
and Seamen, &c. under
the Merchant Sea-
men's Fund Act

For Battersea Park -

For Embankment, &c.
between BaUersea
and FbttxAoi/ Bridges,
&c.

For £frtft>A Ambassador's
House at Paris

For Lighthouses abroad

For building a Museum
for the Royal Dublin
Society

For Purchase of addi-
tional Lands at Ken--
sington Qore -

To
3l8t Mardk 1855.

A.D.1854.

n^^i 180 VICTORIES.

C. 121.

781

jf 5,000 0 0

2,800 0 0

25,000 0 0

45,000 0 0

140,000 0 0

10,000 0 0

2,055 0 0

1,400 0 0

2,500 0 0

1,000 0 0

13,000 0 0

6,000 0 0

12,055 0 0

17,300 0 0

16,889 0 0

2,273 0 0

50,000 0 0

For Expedition for the""
Exploration of Aus"
if aha - - -

For Medical Staff sent
to ^esi India IsltLnds,
&c. - - -

For Claims upon Suitors
Fundof Court of Ad-
miralty - - -

For Claims respecting
the Orange River Ter-
ritory - - -

For Purchase of Bur-
lington House and
Grounds, Piccadilly -

For new Consular
Offices, &c. at Con*
stantinople

For reinstating Chapel
at the Embassy, Con-
stantinople

For British Protestant
Cemetery at Madrid-

For Repair of Royal
Monuments in fFest-
minster Abbey

For Repair of Statue of
Charles I, at Charing
Cross

For Co^t of collecting
Agricultural Statistics

For Repair of Breach
in Spurn Point

For General Board of
Health .

For Department of Se-
cretary of Stato for
War, from 12th June
1854 -

For effecting an Ex-
change of the Office
of the Duchy of Com-
wall

For Office for Registra-
tion of Joint Stock
Companies at Board
of Trade

For British Department
of the Universal Ex-
hibition at Paris

To
31st March 1855.

.7«2

ai2i.

n^&lS** VICTORIiB.

^D;l8&L

849»402 0 0
109,634 0 0

To
31st March 1855.

Revenue Depabtmbnts.

§XXIV. j^840,785 0 0 For Customs Depart-

ment
479,320 0 0 For the Coast Guard,
&c. - - .
1,154,594 0 0 For Inland Be venue
Department
52,769 0 0 ForBevenuePolic6,/rf-
landy and ** Seamew
Steamer**
1,525,335 0 0 For Post Office SerTices
and Collection of the
Bevenue

Depabtments frok Consolidated Fund, &c.

XXV/ 149,859 0 0 For Expenses of De-

partments heretofore
charged on Consoli-
dated Fund or Public
Revenue
For legal Expenses,

ditto -
For miscellaneous
Charges, ditto

XXVI. Supplies to be applied only for the Purposes aforesaid.

XXVII. Expenditure for Navj, Armj, and Ordnance Services respectirelj
to be confined to the separate Services for which granted.
Treasury maj, on Application, alter the proportionate Amoants
for such separate Services, provided the total &rant to each
Department be not exceeded.

XXYin. Rules to be observed in the Application of the Sum appropriated
to Half Paj. Not to prevent the receiving of Half Pftj under
any Act relating to the General or Loc^ Militia, &c Pay*
master General, by Permissign of the. Treasury, makj issue Em
Pay to Officers appointed to Civil Offices since Jufy 1828.
An Account of the Number of Officers so receiving Half Faj
to be laid before Parliament annually.

XXIX. Treasury may authorize Military Officers in Civil Employments
to receive Half Pay in certain Cases.

XXX. Persons concerned in issuing, paying, and receiving Money for
Payment of Half Pay, without ^e requisite O^ths, indem-
nified. 16^17 Ftc^. 0.110.

XXXI. Half Pay aUowed to Officers of the Manx Fencible«.

XXXII. Half Pay Allowances to Chaplains of Regiments not holding Eccle-
siastical Benefices derived from the Crown.

XXXIII. Surplus of Sum by 16 4- 17 Vict. c. 110. appropriated to Half Pay

Officers to be disposed of as Her Majesty shall direct.

XXXIV. AYidows, &c. claiming Pensions to make required Declaration.
XXXV. Declarations to be made as specified in 5 <^ 6 TF. 4. c. 62.

CAP.

A;D.1854. 17*» & W VICTOEIiE. C. 122. 783

CAP. CXXIL

An Act for the further Alteration and Amendment of the
Laws and Duties of Customs. [12th Augutt 1854.]

BE it enacted bj the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and
Temporal^ and Commons, in this present Parliament assembled,
and by the Authority of the 'same, as follows :

I. On and after the Eighth Day of August One thousand eight Instead of aU
hundred and fifty-four, in lieu and instead of all other Duties and other Duties
.drawbacks of Customs, there shaU be raised, levied, collected, and ^ ^^^*
paid unto Her Majesty, Her Heirs and Successors, upon Goods Mi?widal-
ttoported into or exported from any Part of Great Britain and ^edtheDuties
Ireland^ the several Duties of Customs, and there shall be allowed and Drawbacks
the several Drawbacks, as the same are respectively inserted, de- specified in
scribed, and set forth in Table (A.) to this Act annexed ; and in Tablesannexed.
lieu of all Duties of Customs now payable by Law upon the
Importation of Goods into the Isle ofMan^ there shaU be raised,
levied, coUected, and paid unto Her Majesty, Her Heirs and Snc-
cessorsj the several Duties of Customs as the same are respectively
set forth in Figures in Table (B.) to this Act annexed; and all Daties in Table
the Goods described as free in the said Table (A.) shall be exempt oJ^dilm^'^rtM
from Duty on the Importation thereof into Great Britain and j^^q jsj^ ^
Irelandi and those described as free in the said Table B. shaU Man.
be exempt from Duty on the Importation thereof into the Ide of
Man.

TL €roods not duly reported may be detained by any Officer or Goods not re-
Officers of Customs until the same are so reported, and the Cause ported may be
of the Omission explained to the Satisfaction of the Commissioners d«^^^-
of Customs, who may thereupon restore the same on such Terms
as they may deem proper ; and such Groods may in the meantime,
should the said Commissioners deem necessary, be removed to the
Queen's Warehouse.

III. The Time prescribed by the Sixty-fourth S|ection of *« The Extension of
Customs Consolidation Act, 1853," for perfecting JEn tries by BiD Time for per-
of Sight, may be extended at the Discretion of the Commissioners S^*^* ^^^^'
of Customs. ^^^^-

IVk The Commissioners of Customs may permit the Entries of Commissioners
Goods in such Form and Manner and on such Conditions as they of Customs to
may direct to meet the Exigencies of any Case to which the Pf™t special
general Laws and Regulations may not be strictly applicable. ^ ^*

y. On the Entry of Arms and Ammunition of War, whether As to Entries
for Home Use, Exportation, or in Transit, the Number of Articles of Arms, &c
of each Description, as denominated in Table A. to this Act,
shall be stated in the Import, Export, or Transit Entry, as the
Case may be. -

VI. All Goods deposited in the Queen's Warehouse, and not Goods not
duly cleared therefrom within Three Calendar Months, if the worth the Duty,
same cannot be sold for a Sum sufficient to pay the Daties and Jouse mav^be
Charges if offered for Sale for Home Consumption, or the Charges destroyed;

if offered for Sale for Exportation, may be destroyed by Direction
of the Commissioners of Customs.

VII. On the re-warehousing in the Name of the Proprietor of The re-weigh-
Goods, either by himself or by the Warehousekeeper, i^r the ing.rc-^anging.

Expiration *^-^^^«>^^°

784

C.122.

17« & 18» VICTORIA

AJ).18M.

ouintcnuial
re-warehoofl-
ing, may in
certain Caaes be
dispensed with.

Ships with
Cargo to clear.

Tobacco may
be legally im-
ported in Pack-
ages of SOlbs.
Weight

Prohibited
Goods not to be
shipped from
the Channel
Islands to the
United King-
dom.

Bay Islands to
be on same
Footing as the
Bermudas.

Expiration of Five Years from the last preceding wareboosiog or
re- warehousing thereof under Sections One hundred and three
and One hundred and four of ** The Customs Consolidation Act,
1853/' the Commissioners of Customs may (first being satisfied
that the same are in the Warehouse, that the Packages are entire,
and that there is no Ground to suspect that there is any.ondne
Deficiency therein,) dispense with the re-weighing, re-gaaging, or
re-measuring and strict Examinatio i thereof, if they be sttch u
are liable on Delivery to the Payn^eat of Duty according to the
landing Weight, Measure, or Quantity thereof, and also^ at the
Request of the Warehousekeeper or Proprietor of the Warehouse,
may (first being satisfied as aforesaid) dispense with the re-
weighing, re-gauging, re-measuring, or strict Examination oo
such re-warehousing as aforesaid, of Goods being Wines or other
Goods the Duties whereon are payaMe at the Delivery, Weight,
Measure, or Quantity, and which may be liable to Injury by such
re-weighing, re-gauging, re-measuring, or strict Examination;
but in either of these Cases the Warehousekeeper or Proprietor
of such Warehouse shall be liable at the Time of Delivery of
such Goods to pay the Duties due on any Deficiency therein not
allowed by Law which may then be found to exist, instead of being
called upon to make good any Deficiencies which might have been
found to exist had such re-weighing, re-gauging, re-measariagf
or Examination been resorted to at the Time of such re-wire-
honsing.

YIII. If any Ship having Cargo on board shall depart, from
any Port without being duly cleared, the Master shall forfeit the
Sum of One hundred Pounds.

IX. Nothing in the Customs Consolidation Act, 1863, flbill
extend to render any Ship of One hundred and twenty Tons
Burden or upwards liable to Forfeiture on account of nay To-
bacco, Cigars, or Snuff imported in such Ships into the United
Kingdom in Packages each containing not less than Eighty
Pounds net Weight of such Tobacco, Cigars, or Snuff, nor to
render any Tobacco, Cigars, or Snuff liable to Forfeiture by reuon
of its being imported in such Packages, nor to render any snch
Ship or any Tobacco, Cigars, or Snuff so imported liable to
Forfeiture under the Two hundred and twelfth Section of the
said Act.

X. If in the Channel Islands any Goods, tlie Importotios
whereof into the United Kingdom is prohibited or restricted,
shall be shipped or brought to any Wharf, Quay, or other Pisa
in or be waterborne to be shipped on board any Ship clearing or
departing from those Islands to the United Kingdom, such Goods
shall be forfeited, and any Person who shall so ship^ bring, or
waterbear to be shipped any such Goods, or be otherwise know-
ingly concerned therein, shall forfeit the Sum of One hundred
Pounds or Treble the Value of the Goods, at the Election of the
Commissioners of Customs.

XL The Islands in the Bat/ of Hondunu, called the Baji
Islands^ shall bo deemed and taken to be excepted or excluded
from the Operation of the One hundred and fifty- ninth Section ot
the '< Customs Consolidation Act, 1853," to the same Extent u the
Bahamas or Bermuda Islands are thereby excepted or excluded.

A.D.1854. 17« & 18» VICTORIA. C. 122. 785

Xn. British or Irish Spirits may bo exported from Great British and
Britain or Ireland to Parts beyond the Seas, or be removed to I^wh Spirits
the Isle of Man, in Casks of the Content of Ten Gallons each nt prohibited to be
the least, but no British or Irish Spirits shall be removed or thrif'Jj^ofM'an
exported from the Isle of Man to any other Part of the United
Kingdom, under pain of Forfeiture thereof.

Xni. The Words "otherwise dealing with certain prohibited, Count for har-
restricted, or uncustomed Goods" in Count Sixteen of Schedule bouring, &c.
B. to** The Customs Consolidation Act, 1853," shall be deemed to T^^*^^
apply to and include the harbouring or having Possession, as the ^*

Case may be, of any such Goods, and it shall not be necessary to
prove that the Party charged was concerned in the unshipping
thereof.

XIV. The Option given to a Defendant by Section Two hundred When Defend-
and sixty-four of "The Customs Consolidation Act, 1853," of »«**» ^P^^o"
removing any Proceedings against himself before any Justice to a ^"^7 °?* ^ ^^'
Syperior Court, shall not be exercised after the Commencement of ^"^^^

the Trial thereof before such Justice.

XV. The Second Section of the Act of the Fourteenth and u & 15 Vict.
Fifteenth Years of Her present Majesty, Chapter Nintty-nine, c. 99. not to
shall not be deemed to apply to any Prosecution, Suit, or other extend to Ue-
Proceeding, in respect of any Offence, or for the Recovery of any ^®°^® Cases.
Penalties or Forfeitures, under any Law now or hereafter to be

made, relating to the Customs or Inland Revenue.

XVI. Section One Irundred and ninety-three of " The Customs Provision as to
Consolidation* Act, 1853," is hereby repealed, but no Tobacco, Importation of
Cigars, or Snuff shall be imported into the Channel Islands, nor ^obacco, &c.
be carried from any one of the said Islands to another of them, ig^nds.*'^^
or from one Part of any of the said Islands to another Part of

the same, unless in Ships of not less Burden than Fifty Tons,
except from the United Kingdom in Ships of not less than Forty
Tons Burden regularly trading from thence to those Islands, nor
unless in Packages each containing not less than Eighty Pounds
net AVeight of su^h Tobacco, Cigars, or Snuff, nor unless the Pro-
visions in and under which the like Sort of Goods may be legally
imported into the United Kingdom are complied with ; and all
Cigalas, Tobacco, or Snuff imported into the said Islands, or car-
ried, shipped, or removed, contrsiry hereto, or which shall be found
or discovered to have been on board any Ship or Boat within
One League of the Coasts thereof, shall be forfeit'jd, together with
the Ship or Boat.

XVII. The Exemption contained in the Proviso of Section One When Exerap-
hundred and ninetj'-two of "The Customs Consolidation Act, t ion in 102. of
1853," in respect of Spirits, shall only apply in Cases where such goUdS Act!"
Spirits are shipped, removed, imported, exported, or carried Coast- issa," to apply,
wise in Ships of not less Burden than Fifty Tons, as required by

the foregoing Part of the said Section.

XVIII. Doubts having arisen as to the Meaning of the Pro- Declaratory
hibition in regard tj Malt contained in the Forty-fourth Section Explanation of
of "The Customs Consolidation Act, 1853," the Term Malt shall Term "Malt."
be deemed to include all Malt, whether in Grain or in the Form

of concentrated Extract or Essence, but shall not include any of
the fermented Liquors made from Malt now specified in the Tariff. .
17 & 18 Vict. 3 E XIX. So

786

C.122.

!?• & 18» VICTORIA

A.ai854.

Bispepaation of
Shipping Doen*

tmdt.

Isle of Man
to be deemed
Part of United
Kingdom.

Interpietation
Clanae.

XIX. So mui^h of the One hundred and foriy-seoond Section
of ** The Customs Consolidation Act, 1853," as requires a Duplicate
Bill of Lading on the Shipment of Groods, add, within Fourteen
Dajs after Clearance of the Ship, a List of such Goods, with the
Quantities and Values thereof, is hereby repealed, except as to
Shipments at the Port of Liverpool, with respect to which so much
only of the said Section as requires the Vidnes of the Goods to
be stated in such List is hereby repealed ; but if the Exporter
shall fail, either by himself or his Agent, to deliver to the Searcher
a Shipping Bill, with Duplicates thereof where required, of the
Goods exported by him as prescribed by the said Acl» he shall
forfeit the Sum of Twenty Pounds.

XX. The Isle of Man shall be deemed and taken to be Put of
the United Kingdom for the Purposes of this or any other Act
relating to the Customs, save as to the Rates of Duties and Draw*
backs charged or allowed.

XXI. When any of the Terms mentioned in the Three hundred
and fifty-seventh Section of " The Customs Consolidation Act,
1853,'" are used in this or any other Act relating to the Customg,
the Terms so used shall have the same Literpretation and Meaning
as are given to them in the said Section.

TABLE A.

Duties applicable to Great Britain and Ireland,

Arms, viz. : £ u <L

Swords, Cutlasses, Matchetts, Bayonets, Gun Locks,
Cannon or Mortars of Iron not mounted nor ac-
companied with Carriages - - the Cwt. 0 2 6
Cannon or Mortars of Brass not mounted nor ac-
companied with Carriages - - the Cwt. 0 10 0
Cannon or Mortars mounted or accompanied with-
Carriages, and other Fire-arms, viz., Muskets^
Rifles, Carbines, Fowling Pieces, or Guns of any
other Sorts not enumerated, and Pistols,

for every lOOiL Value thereof 10 0 0
Ammunition, viz. :

Shot, Uurge and small, of Lead - - the Cwt 0 2 0
„ „ ofLK)n - - „ 0 2 6

Rockets and other Combustibles, for Purposes of
War, and not otherwise enumerated or described,

for every 100^ Value thereof 10 0 0
Baskets - - - . the Cubic Foot 0 0 4

Boxes, viz.^Brass - - - the Cwt. 1 10 0

Not otherwise charged with Duty,

for every lOOiL Value 10 0 0
Buttons and Studs of Metal .... fiee.
„ „ other Sorts ... free.

Cherries, dried - - - - the lb. 0 0 2

Comfits, dry the lb. 002

Confectionery - . - « the lb. 0 0 2

A:D,1854. 17 *» & 18 <» VICTORIiE. C. 12a 787

Egge, £ 9. d.

the Cubic Foot of the Package, internal Measurement 0 0 8
Of and from British Fossessionsy the Cubic Foot

of the Package, internal Measurement - - 0 0 4
Embroidery on Silk, or Silk mixed with other Materials,

not being Silk Net - - for every 100/. Value 15 0 0
Of and from British Possessions,

for every 100/. Value 5 0 0
Ginger ... theCwt. 050

Glass —Plate Glass, cast or rolled, of whatever Thick-
ness, whether silvered, polished, or rough, and sil-
vered Glass not otherwise enumerated • - free*
Ck>ng8 . - - - - the Cwt 10 0
Hops-untilthelst August 1855 - - the Cwt 10 0
From and after that Date - the Cwt. 2 5 0
Japanned or Lacquered Ware - - the Cwt. 10 0
Iron, Manufiictures of, coated with Brass or Copper by

any galvanic Process ... the Cwt 036
Lndlers, of Wood - the Cubic Foot of the external

Package, measured internally 0 0 4
Marmalade .... the lb. 002

Musical Instruments, viz. : Harmoniums and Seraphines,

each 15 0
Concertinas, all Sorts,

the 100 Notes 0 5 0
Oilcloth - - - the Square Yard 0 0 IJ

Opera Glasses, viz. t

Single .... each 010

1>ouble, and all Marine and Race Glasses, not being

Telescopes .... each 026

Paper, viz. : — Printed, Painted, or Stained ^aper Hang-
ings, or Flock Paper - - - the lb. 0 0 d
Platting, viz. :- of Chip, not being of greater Value than

Sixpence per Piece of Sixty Yards - the lb. 0 0 6

Willow Squares - . . the Cwt 0 10 0

Plums preserved in Sugar - - - the lb. 0 0 2

Silks, viz. : — ^Corahs, Choppas, Bandannas, Tussore
Cloth, Romals and Taffaties, viz. :
In Pieces not exceeding 6^ Yards in Length,

the Piece 0 0 6
In Pieces exceeding 6^ Yards and not esceeding

71 Yards in Length - • the Piece 0 0 8

In Pieces exceeding 7^ Yards, and not exceeding

12 Yards in Length - - - the Piece 0 0 10
China Crape Shawls, Scarfs, Handkerchiefs, and
Pieces '
Plain and Damask - - - - ^ the lb. 0 3 0
Embroidered - * - - the lb. 0 5 0

Manufactures of Silk, or of Silk mixed with Metal or
any other Material^ the Produce of Europe, viz. :
Ribbons of Velvet or Plush, wholly of Silk or of
Silk mixed with Cotton, not exceeding Nine
Inches ia Width-.-

3E 2

788 C.122. 17" &18* VICTORIA. A-D.1854.

Silk — continued. £ «• <'•

Plain or embossed by Depression, without

Satin or Fancy Edge - - the lb. 0 5 0
Figured, brocaded, striped, or spotted, or
with Satin or Fancy Edge, and Silk Rib-
bons in any way mixed or ornamented
Avith Velvet or Plush ' - - the lb. 0 10 0
Manufactures of Silk, or of Silk mixed with any
other Material called Plush, not being Rib-
bons .... the lb. 0 3 0
Articles thereof - - - the lb. 0 3 6
Spirits, viz. : —
Not being sweetened or mixed with any Article so .
that the Degree of Strength thereof cannot be
ascertained by Sykes's Hydrometer; for every
Gallon of the Strength of Proof by such Hydro-
meter, and so in proportion for any greater or less
Strength than the Strength of Proof, and for any
greater or less Quantity than a Gallon - the Gallon 0 15 0
Of and from a British Possession in America or
the Island of Mauritius, and Rum of and from
any British Possession within the Limits of the
East India Company's Charter, in regard to
'which the Conditions of the Act 4th Vict.
Cap. 8. have or shall have been fulfilled, if
imported—

Into England - the Gallon 0 8 2

Into Scotland - the Gallon 0 6 0

Into Ireland - - the Gallon 0 4 4
And further, if imported into Scotland as
imposed, by the Act 17th & 18th Vict
Cap. 29. - - the Gallon 0 0 4

Rum Shrub, Cordials, and Liqueurs of and from
a British Possession in America or the Island
of Mauritius, or a British Possession within
the Limits of the East India Company's Char-
ter, qualified as aforesaid, if imported —

Into England - - the Gallon 0 8 2
Into Scotland - the Gallon 0 6 0

Into Ireland - - the Gallon 0 4 4
And further, if imported into Scotland, as
imposed by the Act l7th & 18th Vict.
Cap. 29. - - the Gallon 0 0 4

Other Spirits and Strong Waters being sweetened or
mixed so that the Degree of Strength cannot be as-
certained as aforesaid - - - the Gallon 1 0 0
Stays or Corsets, of Linen or of Cotton, or of Linen and

Cotton mixed - - - the Doz. Pairs 0 2 0

Saccades, including all Fruits and Vegetables pre-
served in Sugar, not otherwise enumerated, the lb. 0 0 2
Sulphate of Potash - - - -free.

Vinegar - -. - - the Gallon 0 0 4^

Yam, Woollen - .^ . . - free.

A.D.1854.

IT" & 18« VICTORIiE. C. 122, 123.

789

Worsted for Fancy Purposes, of Two or more Threads, £ s. d,
not being fit for Embroidery, - - the lb* 0 0 3

A Drawback shall be allowed on all Roasted Coffee exported
as Ships' Stores, or removed to the Isle of Man for Consumption
therein, equal in Amount to the Import Duty chargeable on Raw
CJoffee ; and on Tobacco manufactured in the United Kingdom,
made into Cut, Shag, Roll, or Can )t Tobacco, or Cigars, such
Cigars, when exported as Merchandise, being packed in Cases
containing not less than Eighty Pounds net Weight, a Drawback
shall be allowed on Exportation or Shipment as Stores — the lb.
2s. 7^,, and 5 per Cent, thereon.

TABLE B.
Duties applicable to ike Isle of Man,
Spirits, viz. : £ s. d.

Rum Shrub of the British Possessions, the Gallon 0 3 8
Rum and other Spirits of the British Possessions,
not being sweetened or mixed Spirits or Liqueurs,
Cordials, or perfumed Spirits, for every Gallon of
the Strength of Proof by Sykes's Hydrometer,
and so on in proportion for any greater or less
Strength than the Strength of Proof, or for any
greater or less Quantity than a Gallon, the Gallon 0 3 8
Liqueurs, Cordials, mixed, sweetened, and perfumed

Spirits - - . the Gallon 0 10 0

Of the British Possessions - - the Gallon 0 5 0

CAP. CXXIIL

An Act to render any Dealing with Securities issued during
the present AYar between Russia and England by the
Russian Government a Misdemeanor. [12th August 1854.]

* TIT' HERE AS it is expedient to prevent as much as possible

* ^^ the Russian Government from raising Funds for the

* Purpose of prosecuting the War which it at present carries on
' against this Country :' Be it therefore enacted by the Queen's
most*Excellent Majest}-, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows :

I. If, during the Continuance of Hostilities between Her Ma- Prohibitiiig the
jestyand the Emperor of 7^t«*ia, any Person within Her Majesty's DealtogmBua-
Dominions, or any British Subject in any Foreign Country, shall ■"** otock.
wilfully or knowingly take, acquire, become possessed of, or
interested in any Stocks, Funds, Scrip, Bonds, Debentures, or Se-
curities for Money which, since the Twenty-ninth Day of March
One thousand eight hundred and fifty-four, have or hath been, or
which, during the Continuance of Hostilities as aforesaid, shall be,'
created, entered into, or secured by or in the Name of the Govern-
ment of Russia^ or any Person or Persons on its Behalf, every
Person so taking, acquiring, becoming possessed of or interested
in any such Stocks, Funds, Scrip, Bonds, or Debentures as afore-
said shall be guilty of a Misdemeanor, and in Scodand of an

3 £ 3 Offence

»0

C. 123, 124.

17» & 18^ VICTORLaL

AJXl85i.

As to Trial of
Offienoet com-
mitted beyond
the limits of
the United

This Act not to
affect the Law
of Treason.

As to Payment
of Costs of
Ftosecation.

12 & 18 Vict
0.62.

Offence punishable with Fine or Imprisonment : Proyided almyi)
that the Provisions of this Act shall not extend to or indnde ^e
Case of any such Person or Subject daiming an Interest in the
Estate or Effects of any deceased Person, or the Case of any such
Person or Subject taking the Estate or Effects of his Debtor in
Execution, or the Case of any such Person or Subject daiming in
any Country to be interested under any Bankruptcy, Insdvencj,
Sequestration, Cessio Bonorum, or Disposition of Property in
trust for Creditors, but that in every such Case the British Subject
maj take and receive any Stocks, Funds, Scrip, Bond, or Deben-
tures, or any Share, Legacy, Dividend, Debt, or Sum of Money
due or belonging to him, which may arise from or be produced by
the Sale or Proceeds of any such Stocks, Funds, Scrip, Bonds, or
Debentures as aforesaid ; and provided also, that nothing herein
contained shall be construed to include the Government Notes
which are used as a circulating Medium in the Russian Dominions.

II. All X)ffences against this Act tsommitted beyond the Limits
of the United Kingdom may be inquired of, tried, determined, and
dealt with as if the same had been respectively committed within
the Body of the County of Middlesex.

m. Nothing herein contained shall have the Effect of reducing
to a Misdemeanor any such Offence which if this Act had not
been passed would amount to the Crime of High Treason, or be
deemed in any Manner to alter or affect the Law relating to High
Treason ; but no Person indicted for a Misdemeanor under this
Act shall be entitled to an Acquittal on the Ground that the Acts
proved against him amount in Law to the Crime of High Treasoa

IV. On any Indictment for a Misdemeanor under this Act the
Costs of the Prosecution shall be allowed as directed by the several
Acts, Seventh George the Fourth, Chapter Sixty-four, and Four-
teenth and Fifteenth Victoria, Chapter Fifty-five; and all the
Provisions of the said Acts empowering Courts to order Psjrment
of Costs and Expenses, and Compensation for Trouble and Loss
of Time, in the Cases of the Misdemeanors in the said Acts men-
tioned, shall extend and be applicable to Indictments for Misde-
meanor under this Act.

C A R CXXIV.

An Act to settle the Contribution to be made by certain
Baronies in Roscommon and Galway and the County of
the Town of Galway to the Midland Great Western Bail-
way of Ireland Company. [12th August 1854.]

* iV/'HEREAS under the Act of the Twelfth and Thirteenth

* ▼ ▼ Years of Her present Majesty, Chapter Sixty-two, the

* Conmiissioners of Her Majesty's Treasury were empowered to
' charge the Consolidated Fund and to direct the Issue thereout
' to the Commissioners for the Reduction of the National Debt

* of a Sum not exceeding in the whole Five hundred thousand

* Pounds, and the last*mentioned Commissioners were thereby

* appointed Trustees for holdfng the Monies to be issued as

* aforesaid on a separate Account, under the Title of "The

* " Commissioners for the Reduction of the National Debt on

* " account of the Public Works Loan Fund,'* and it was pro-

< vided

AJy.lSSL 17 ° & 18* VICTOBIiK. ai24» ?9l

vided that the sfud Commissioners of the Treasury should^ if
they thought fit» require the Public Works Loan Commissioners
to advance to the Midland Great Western RaUway of Irdand
Company any Sums of Money not exceeding in the whole Five
hundred thousand Founds, and the Repayment thereof^ with
Interest} as therein mentioned, not exceeding Three Pounds
Ten Shillings per Centum per Annum^ should be secured by
such Mortgages as therein-after mentioned, and the said Rail«-
way Company were authorized to borrow of the said Public
Works Loan Commissioners any Sum or Sums of Money not
exceeding in the whole the Sum of Five hundred thousand
Pounds, and to mortgage the Railways and Undertaking autho-
rized by the Acts therein mentioned, and other the Effects of
the Company ; and it was by the said Act enacted, that if any
Monies should be borrowed by the said Railway Company under
the ProTisions of that Act, then, so long as any Part whatever
of the Principal Monies borrowed should remain unpaid, a Sum
equal to One Pound Fifteen Shillings per Centum on the Sum or
Sums originally borrowed should (subject as therein-after men-
tioned) be paid half-yearly to the said Railway Company by the
Baronies therein mentioned in the County of Rosc&mmon^ and
by all the several Baronies and Half Baronies in the County of
Gahoayy and by the County of the Town of Galtoay, all in that
Part of the United Kingdom of Great Britain and Ireland called
Ireland^ rateably and in the Proportions to be ascertained as
therein-after mentioned; and it was thereby provided, that if,
after the said Railway from Athkme to Galway should have been
opened, there should be any Profit made by such Railway in any
Half Year, then the Amount thereof should be deducted from
the half-yearly Amount which would otherwise be payable by
such Baronies and Half Baronies and County of the Town of
Gahoay, and if such Profit should equal or exceed the Amount
so to be paid, then no such Payment should be made ; and that
the Commissioners of the Treasury, during such Period as any
Principal or Literest Monies should remain unpaid in respect of
the Securities to be given to the said Public Works Loan Com-
missioners, should appoint a fit Person or Persons, not exceeding
Three, to audit the Accounts of the said Railway Company, and
to make Certificates, in pursuance of the Directions therein-after
contained ; and that for the Purpose of ascertaining the Amount
of net Profits (if any) of the whole or any Portion of the said
Railway from Athhne to Galway, the said Railway Company
should, from Time to Time and at all Times, so long as any
Principal Monies should remain unpaid in respect of any Secu-
rities aforesaid, keep the Accounts of the Receipts and Expen-
diture relating to the whole or any Portion of the Railway
between Athhne and Galway, and all Matters connected there-
with, separate from all other Receipts and Expenditure by the
said Railway Company; and that the said Company should, after
any such Advances, and within One Calendar Month after the
Thirtieth Day of June and the Thirty-first Day of December in
every Year, render to the said Auditor or Auditors a distinct
Account of all the Receipts and Expenditure for the then pre-
ceding Half Year of and relating to the said Railway from

3 E 4 * Athhne

r92

C.124

17*^ & 18^ VICTOEIiE.

AJ).1854.

* AMone to Galway^ and every Part thereof, which Accoont the
' said Auditor or Auditors should examine as therein is men-
' tioned, and he or they should adjust and balance such AccooBts
' relating to the said Railway from Athlone to Gahoayj and com-

* plcte such Audit, for the Purpose of ascertaining whether daring

* such preceding Half Year any Profit should have been made,
' and of preparing sucli Certificate as therein-after mentioned;
*' and that such Auditor or Auditors should, on the Completion

* of every half-yearly Audit, and so long as any Monies advanced
' to the said Railway Company as aforesaid should remain unpaid,

* ascertain whether the said Railway Company had for the pre-

* ceding Half Year made such half-yearly Payments as by virtue
' of the Security or Securities for any such Loan or Loans they
' should be liable to pay, and also, after the said Railway from

* AMone to Galway^ or any Part thereof, should have been com-

* pleted and opened to the Public (from a Profit and Loss Account

* of the Income and Expenditure of the said Railway from Athhne

* to Galtoay), ascertain the Amount, if any, of Profit which should
' appear on such Account to have been made during such Half
' Year ; and that when such Auditor or Auditors should find that

* the said Railway Company had made such Payments as aforesaid

* for the preceding Half Year, and not before, then he or thej

* should, by a Certificate under liis.or their Hand or Hands, certify
^ the same, and also the Amount of Profit, if any, appearing on
^ such Account as aforesaid ; and (after deducting such Profit, if
' any, from the Amount of the said half-yearly Payments of One

* Pound Fifteen Shillings per Centum secured to be paid by such

* Baronies and Half Baronies and County of the Town of GaJway

* as aforesaid,) the said Auditor or Auditors should in such Cer-
'* tificate state the Balance remaining to bo paid to make up sncli

* half-yearly Payments of One Pound Fifteen Shillings per Cenhm

* as aforesaid, and the proportionate Part of such Balance which
' was to be raised in each such Bnrony and Half Barony and

* County of the Town of Galway, such proportionate Parts to he
' ascertained as in the said Act mentioned ; and it was enacted,

* that in taking and keeping the aforesaid Account of Profit and

* Loss no Payment by the said Railway Company to the said
^ Public Works Loan Commissionera, nor any Receipts by the said
*. Railway Company in respect of such half-yearly Payments of

* One Pound Fifteen Shillings per Centum, should be taken into

* account as Profit or Loss, but the same should solely contain the

* Amount of Income and Expenditure relating to the aforesaid

* Railway from Athlone to Galway, and when in any One Ilatf

* Year the Amount of Profit should exceed the Sum which in

* case of no Profit would have been payable by such Baronies and

* Half Baronies andvCounty of the Town of Galway^ then, after

* deducting therefrom the Amount which would othervrise have

* been so payable, the Balance of any Profit remaining should be

* carried to the next half-yearly Account as Profit ; and it was

* enacted, that the said Auditor or Auditors should, on the Reqae^

* of the said Railway Company, and within One Calendar Month

* after the Date of every such Certificate, deliver the said C&iiS'-
*' cate and a Duplicate or Duplicates thereof to the said Company;
< and it was enacted, that the said Railway Company should from

* Time

.ni854. !?• & 18^ VICTORIiE. C. 124. 793

* Time to Time deliver the said Certificate, or such Duplicate

* thereof as aforesaid, to the Secretary of the Grand Jurj of each
' County or County of a Town in which any such Barony or Half
' Barony or County of a Town as aforesaid should he situate, and

* that the Monies according to such Certificate to he raised and

* levifd oiF such respective Baronies or Half Baronies in each of

* the said Counties, or off such County of a Town, should he

* raised and levied accordingly, as therein is mentioned, and paid

* to tlie said Bailway Company, as therein is mentioned : And

* whei-eas the Sum of Five hundred thousand Pounds was, hy

* Four Instalments of One hundred thousand Pounds each, and

* Two of Fifty thousand Pounds each, by the Direction of the

* Commissioners of the Treasury advanced by the said Public

* Works Loan Commissioners to the said Railway Company, and
' the said Sums so advanced, with Interest thereon after the
' Rate of Three Pounds Ten Shillings per Centum per Annum^

* were duly secured by certain Mortgage Securities, according
' to the Direction of the said Commissioners of the Treasury, and
^ such Principal Sums are still unpaid: And whereas the said
' Railway from Athlone to Galway has been completed and opened
' for the Use of the Public, and the whole of the said Sum of
' Five hundred thousand Pounds so borrowed, together with a

* considerable further Sum of Money raised by the said Company,

* was expended by the said Company in the Construction of the

* said Railway and the' Works connected therewith: And whereas
^ Questions have arisen between the said Railway Company and
' the said Baronies or Half Baronies and County of the Town of

< Galway^ so as aforesaid, and in such Events as aforesaid, liable
*' to contribute to the Payment of Monies equal to the aforesaid
' Interest on the said Sum of Five hundred thousand Pounds so

* borrowed as aforesaid, as to the actual Amount of Monies which
' the said Company were authorized to expend in the Construction

* of the said Line of Railway ; and inasmuch as it is apprehended
^ that certain of the said Monies so expended, though beneficial

< generally to the Public and to the said Railway Company, may

* not have been in all Cases expended on Works by which the
' said Baronies or Half Baronies and County of the Town of

* Galway may be considered to derive direct Advantage, it is
' expedient, lor preventing Litigation, and to ascertain and fix

* the precise Principal Sum in respect of which the said Baronies

* or Half Baronies and County of the Town of Galway are to
' contribute such half-yearly Sum as aforesaid, in such Events as

< aforesaid, and therefore the said Railway Company have agreed
' that the Sum expended by the said Company shall for the Pur-
' poses aforesaid, as from the First Day of July One thousand

* eight hundred and fifty-four, be taken at the Sum of Four hun-

* drod and seventy thousand Pounds, instead of the said Sum of
' Five hundred thousand Pounds so borrowed as aforesaid :' Be it
therefore enacted by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Tem-
poraly and Commons, in this present Parliament assembled, and
by the Authority of the same,

L The Principal Sum in respect of which the said Baronies or The Sam of
Half Baronies and County of the Town of Galway are, under and 470,ooo(. to be

Y^j eomridered f-^-*

7fl4 C. 124, 125. 1 7 *» & 18 ^ VICTOBIiB. A.DJ8M.

taken as that in by virtue of the Prorisioiis of the said Act, liable to oontiftBte
respec^ofwhieh ^ aforesaid, shall, as from the said First Daj of Jtci^ One thoa-
Sesl&c. areto **°^ *^^6^* hundred and fifty-four, be taken at the Sum of Poor
co^ibate. hundred and seventy thousand Pounds, and the said Sum of Foor
hundred and seventy thousand Pounds shall, as from the said First
Day of t/ti/y One thousand eight hundred and fifty ^four, be oonsi-
dered and taken by the Auditor or Auditors acting under the
said Act as the Sum in respect of which the said Baronies or
Half Baronies and County of the Town of Gaiway are to con-
tribute such half-yearly Payments of One Pound Fifteen SfailHags
per Centum as aforesaid, instead of the Sum of Five hundnd
thousand Pounds; and that when and as Four hundred and
seventy thousand Pounds, Part of the said Sum of Five hundred
thousand Pounds so borrowed as aforesaid, shall have been paid,
no further .Contributions shall be made by the said Baronies or
Nothing to al- Half Baronies and County of the Town of Gahoay: Provided
tep Liability of always, that nothing in this Act contained shall be held to alter
pay^^'^ifoney ^ ^^^ ^'*7 *^® Liability of the said Railway Company to pay
advanoed by the whole or such Part of the Five hundred thousand Pounds
Commianoners. advanced by the said Public Works Commissioners as shall remain
unpaid, together with the Interest which shall from Time to Time
accrue upon the same.

CAP. CXXV.

An Act for the further Amendment of the Process, Practice,

and Mode of Pleading in and enlarging the Jurisdiction of

• the Superior Courts of Common Law at WeetmitteUr, aod

of the Superior Courts of Conunon Law of the Counties

Palatine of Lancaster and Durham. [12th August 1851]

BE it enacted by the Queen's most Excellent Majesty, by tnd
with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows :
Judge may, by J. The Parties to any Cause may, by Consent in Writing*
Cona^t, try signed by them or their Attorneys, as the Case may be, leave the
FaS?^^"" Decision of any Issue of Fact to the Court, provided that Ae

Court, upon a Rule to show Cause, or a Judge on Sunmionsy shall,
in their or his Discretion, think fit to allow such Trial ; or pro*
vidcd the Judges of the Superior Courts of Law at Westmnsler
shall, in pursuance of the Power herein-after given to them, make
any General Rule or Order dispensing with such Allowance, either
in all Cases or in any particular Class or Classes of Cases to be
defined in such Rule or Order ; and such Issue of Fact may there-
upon be tried and determined, and Damages assessed where ne-
cessary, in open Courts either in Term or Vacation, by any Judge
who might otherwise have presided at the Trial thereof by Jury,
either with or without the Assistance of any other Jydge or
Judges of the same Court, or included in the same Commission at
the Assizes ; and the Verdict of such Judge or Judges shall be of
the same Effect as the Verdict of a Jury, save that it shall sot ^
questioned upon the Ground of being against the Weight of ^^'
denco; and the Proceedings upon and after such TriaJ, as to tk

Power

A.D.1854. 17* & 18* VICTORIA. C.125. 795

Power of the Court or Judge, the fitridence, and otherwise^ ahaU
be the Bame as in the Case of Trial bj Jurj.

n. It shall be lawful for any One of the Judges of any of the Two Judges
Superior Courts at Westminstery at the Request of the Lord Chief may mJ ^^rS^V"
Justice or Lord Chief Baron, to try the Causes entered for Trial Timefw T^^
at Nisi Prius in Westminsier and London in either of the Courts, ? 4"ihe «a^
on the same Days on which the said Lord Chief Justice or Lord Coort.
Chief Baron, or any other Judge of the same Court, shall be
sitting to try Causes at those Places respectively, or at either of
them, so that the Trial of Two Causes may be proceeded with at
the same Time ; and all Jurors, Witnesses, and other Persons who
may have been summoned or required to attend at or for the
Trial of any Cause before the said Lord Chief Justice or Lord
Chief Baron, as the Case may be, shall give their Attendance at
and for the Trial thereof before such other Judge as may be
sitting to try the same by virtue of this Act ; and it shall be law-
ful for the Associates and other Officers of the Lord Chief Justice
or Lord Chief Baron, as the Case may be, to appoint from Time
to Time fit and proper Persons, to be approved by the said Lord
Chief Justice or Lord Chief Baron, to attend for them and on
their Behalf respectively before such Judge ; and the Trial of
every Cause which shall be so had by virtue of this Act shall, if
necessary, be entered of Record, as having been had before the
J'udge by whom such Cause in fact was tried.

lU. If it be made appear, at any Time after the issuing of the Power to Court
Writ, to the Satisfaction of the Court or a Judge, upon the Ap- Jf '^°^*?
plication of either Party, that the Matter in dispute consists J^^^J^"
wholly or in part of Matters of mere Account which cannot con- t^^^
veniently be tried in the ordinary Way, it shall be lawful for such
Court or Judge, upon such Application, if they or he think fit, to
decide such Matter in a summary Manner, or to order that such
Matter, either wholly or in part, be referred to an Arbitrator
appointed by the Parties, or to an Ofiicer of the Court, or, in
Country Causes, to the Judge of any County Court, upon such
Terms as to Costs and otherwise as such Court or Judge shall
think reasonable; and the Decision or Order of such Court or
Judge, or the Award or Certificate of such Referee, shall be en-
forceable by the same Process as the Finding of a Jury upon the
Matter referred.

ly. If it shall appear to the Court or a Judge that the Allow- Special Case
ance or Disallowance of any particular Item or Items in such ^'^I^J^^^ r
Account depends upon a Question of Law fit to be decided by the ^^jt^^^^ ^
Court, or upon a Question of Fact fit to be decided by a Jury, or
by a Judge upon the Consent of both Parties as herein-before
provided, it shallbe lawful for such Court or Judge to direct a
Case to be stated, or an Issue or Issues to be tried ; and the De-
cision of the Court upon such Case> and the Finding of the Jury
or Judge upon such Issue or Issues, shall be taken and acted upon
by the Arbitrator as conclusive.

V. It shall be lawful for the Arbitrator upon any compulsory Arbitrator may
Reference under this Act, or upon any Reference by Consent of state Special
Parties where the Submission is or may bo made a Rule or Order ^^^'
of any of the Superior Courts of Law or Equity at Westminster^ if
he shall think fit, and if it is not provided to the contrary, to

state

796

C.125.

17* & 18» VICTORIA.

A.D.1854.

Power to Judge
to direct Arbi-
tration at Time
of Trial, when
Issues dTEact
left to his Deci-
sion.

Proceedings
before and
Power of such
Arbitrator.

Power to send
back to Arbi-
trator.

Application to
set aside the
Award.

Enforcing of
Awards within
Period for set-
ting them aside.

If Action com-
menced by One
Party after all
have agreed to
Arbitration,
Ck>nrt or Judge
may stay Pro-
ceedings.

state bis Award, as to the whole or any Part thereof, in the Form
of a Special Case for the Opinion of the Court, and when in
Action is referred, Judgment, if so ordered, may be entered ac-
cording to the Opinion of the Court.

YI. If upon the Trial of any Issue of Fact by a Judge under
this Act it shall appear to the Judge that the Questions arising
thereon involve Matter of Account which cannot conveniently be
tried before him, it shall be lawful for him, at his Discretion, to
order that such Matter of Account be referred to an Arbitrator
appointed by the Parties, or to an Officer of the Court, or, in
Country Causes, to a Judge of any County Court, upon such
Terms as to Costs, and otherwise, as such Judge shall think rea-
sonable ; and the Award or Certificate of such Referee shall hare
the same Effect as herein-bcfore provided as to the Award or Cer*
tificate of a Referee before Trial ; and it shall be competent for
the Judge to proceed to try and dispose of any other Matters in
question, not referred, in like Manner as if no Reference had
been made.

VII. The Proceedings upon any such Arbitration as aforesaid
shall, except otherwise directed hereby or by the Submission or
Document authorizing the Reference, be conducted in like Manner,
and subject to the same Rules and Enactments, as to the Power of
the Arbitrator and of the Court, the Attendance of Witnesses, the
Production of Documents, enforcing or setting aside Uie Award,
and otherwise, as upon a Reference made by Consent under a
Rule of Court or Judge's Order.

Vin. In any Case where Reference shall be made to Arbitra-
tion as aforesaid the Court or a Judge shall have Power at any
Time, and from Time to Time, to remit the Mattel's referred, or
any or either of them, to the Re-consideration and Re-determina-
tion of the said Arbitrator, upon such Terms, as to Costs and
otherwise, as to the said Court or Judge may seem proper.

IX. All Applications to set aside any Award made on a com-
pulsory Reference under this Act shall and may be made within
the First Seven Days of the Term next following the Publication
of the Award to the Parties, whether made in Vacation or Term ;
and if no such Application is made, or if no Rule is granted
thereon, or if any Rule granted thereon is afterwards discharged,
such Award shaU be final between the Parties.

X. Any Award made on a compulsory Reference under this
Act may, by Authority of a Judge, on such Terms as to him may
seem reasonable, be enforced at any Time after Seven Days from
the Time of Publication, notwithstanding that the Time for moving
to set it aside has not elapsed.

XI. Whenever the Parties to any Deed or Instrument in Writing
to be hereafter made or executed, or any of them, shall agree tbst
any then existing or future Differences between them or any of
them shall be referred to Arbitration, and any One or more of the
Parties so agreeing, or any Person or Persons claiming throiigfa or
under him or them, shall nevertheless commence any Action at
Law or Suit in Equity against the other Party or Parties, or anj
of them, or against any Person or Persons claiming througii or
under him or them in respect of the Matters so agi>^ ^^ ^ f^
ferredy or any of them, it shall be lawful for the Court in which

Action

A.D.1854. 17<> & 18» VICTORI-«L C- 125. 797

Action or Suit is brought, or a Judge thereof, on Application hj
the Defendant or Defendants, or anj of them, after Appearance
and before Plea or Answer, upon being satisfied that no sufficient
Reason exists why such Matters cannot be or ought not to be
referred to Arbitration according to such Agreement as aforesaid,
and that the Dcfenrdant was at the Time of the bringing of such
Action or Suit and still is readj and willing to join and concur in
all Acts necessary and proper for causing such Matters so to be
decided by Arbitration, to make a Rule or Order sta3'ing all Pro-
ceedings in such Action or Suit-, on such Terms as to Costs and
otherwise as to such Court or Judge may seem fit: Provided
always, that any such Rule or Order may at any Time afterwards
be discharged or varied as Justice may require.

XII. If in any Case of Arbitration the Document authorizing On Failure of
the Reference provide that the Reference shall be to a single Ar- Parties or Arbi-
bitrator, and all the Parties do not, after Differences have arisen, ^**^"» J^dge
concur in the Appoinrtnent of an Arbitrator ; or if any appointed Jwie Arbitra-
Arbitrator refuse to act, or become incapable of acting, or die, and tor or Umpire,
the Terms of such Document do not show that it was intended
that such Vacancy should not be supplied, and the Parties do not
concur in appointing a new one ; or if, where the Parties or Two
Arbitrators are at liberty to appoint an Umpire or Third Arbi-
trator, such Parties or Arbitrators do not appoint an Umpire or
Third Arbitrator ; or if any appointed Umpire or Third Arbi-
trator refuse to act, or become incapable of acting, or die, and the
Terms of the Document authorizing the Reference do not show
that it was intended that such a Vacancy should not be supplied,
and the Parties or Arbitrators respectively do not appoint a new
one ; then in every such Instance any Party may serve the re-
maining Parties or the Arbitrators, as the Case may be, with a
written Notice to appoint an Arbitrator, Umpire, or Third Arbi-
trator respectively; and if within Seven clear Days after such
Notice shall have been served no Arbitrator, Umpire, or Third
Arbitrator be appointed, it shall be lawful for any Judge of any
of the Superior Courts of Law or Equity at Westminster^ upon
Summons to be taken out by the Party having served such Notice
as aforesaid, to appoint an Arbitrator, Umpire, or Third Arbi-
trator, as the Case may be, and such Arbitrator, Umpire, and
Third Arbitrator respectively shall have the like Power to act in
the Reference and make an Award as if he had been appointed by
Consent of all Parties.

XIIL When the Reference is or is intended to be to Two Arbi- When Refer-
trators, One appointed by each Party, it shall bo lawful for either ^^^M ^ '^*\
Party, in the Case of the Death, Refusal to act, or Incapacity of o^e ^S"fS
any Arbitrator appointed by him, to substitute a new Arbitrator, ^o appol^
unless the Document authorizing the Reference show that it was other Party
intended that the Vacancy should not be supplied ; and if on such may appoint
a Reference One Party fail to appoint an Arbitrator, either Arbitrator to
originally or by way of Substitution as aforesaid, for Seven clear *^ *"^"^
Days after the other Party shall have appointed an Arbitrator,
and shall have served the Party so failing to appoint with Notice
in Writing to make the Appointment, the Party who has appointed
an Arbitrator may appoint such Arbitrator to act as sole Arbi'
trator in the Reference, and an Award made by him sliall be

binding

798

0.125.

17*»&18» VICTORLffi.

A.D.1854.

Two Arbitra-
tors vuj ap- ;
point umpire.

Award to he
made in Three
Months, unless
Parties orCoort
("nlarge Time.

Rule to delirer
Possession of
Landpnranant
to Award to he
enforced as a
Judgment in
Ejectment

Agreement or
Sabmission in
Writing may he
made Rule of
Court, unless a
contrary Inten-
tion appear.

binding on both Parties as if the Appointment had been by Con-
sent ; proTided, however, that the Court or a Judge may reroke
such Appointment) on such Terms as shall seem just.

XIV. When the Reference is to Two Arbitrators, and the
Terms of the Document authorizing it do not show that it wu
intended that there should not be an Umpire, or provide otherwise
for the Appointment of an Umpire, the Two Arbitrators maj ap-
point an Umpire at any Time within the Period during which
they have Power to mske an Award, unless they be called upon
by Notice as aforesaid to make the Appointment sooner.

XV. The Arbitrator acting under any such Document or com-
pulsory Order of Reference as aforesaid, or under uiy Order re*
ferring the Award back, shall make his Award under his Hand,
and (unless such Document or Order respectively shall contain a
different Limit of Time) within Three Months after he shall bare
been appointed, and shall have entered on the Reference, or shall
have been called upon to act by a Notice in Writing from] any
Party, but the Parties may by Consent in Writing enlarge the
Term for making the Award ; and it shall be lawful for the Supe-
rior Court of which such Submission, Document, or Order is or
may be made a Rule or Order, or for any Judge thereof, for good
Cause to be stated in the Rule or Order for Enlargement, from
Time to Time to enlarge the Term for making the Award ; and
if no Period be stated for the Enlargement in such Consent or
Order for Enlargement, it shall bo deemed to be an Enlargement
for One Month ; and in any Case where an Umpire shall have
been appointed it shall be lawful for him to enter on the Reference
in lieu of the Arbitrators, if the latter shall have allowed their
Time or their ezt^ided Time to expire without making an Award,
or shall have delivered to any Party or to the Umpire a Notice in
Writing stating that they cannot agree.

XVI. When any Award made on any such Submission, Docu*
ment, or Order of Reference as aforesaid directs that Possession
of any Lands or Tenements capable of being the Subject of an
Action of Ejectment shall be delivered to any Party, either forth-
with or at any future Time, or that any suc^ Party is entitled to
the Possession of any such Lands or Tenements, it shall be lawfol
for the Court of which the Document authorizing the Reference
is or is made a Rule or Order to order any Party to the Reference
who shall be in possession of any such Lands or Tenements, or
any Person in possession of the same claiming under or put in
possession by him since the making of the Document authorizing
the Reference, to deliver Possession of the same to the Party en-
titled thereto, pursuant to the Award, and such Rule or Order to
deliver Possession shall have the Effect of a Judgment in Eject-
ment against every such Party or Person named in it, and Execu-
tion may issue, and Possession shall be delivered by the Sheriff as
on a Judgment in Ejectment.

XVIL Every Agreement or Submission to Arbitration by Con-
sent) whether by Deed or Instrument in Writing not under Seal,
may be made a Rule of any One of the Superior Courts of Law or
Equity at fVestmintter^ on the Application of any Par^ iber^^h
unless such Agreement or Submission contain Words purportiof
that the Parties intend that it should not be made a Bole of Courts

and

A.D.1864. 17» & 180 VICTORIiE. C.125. 799

and if in any such Agreement or Submission it is provided that
the same shall or may be made a Rule of One in particular of such
Superior Courts, it may be made a Rule of that Court only ; and
if when there is no such Provision a Case be stated in the Award
for the Opinion of Ona of the Superior Courts, and Buch Court be
specified in the Award, and the Document authorizing tbe Refer-
ence have not. before the Publication of the Award to the Parties,
been made a Rule of Court, such Document may be made a Rule
only of the Court specified in the Award ; and when in any Case
the Document authorizing the Reference is or has been made a
Rule or Order of any One of such Superior Courts, no other of
such Courts shall have any Jurisdiction to entertain any Motion
respecting the Arbitration or Award. .

XVm. Upon the Trial of any Cause the Addresses to the Speeches to the
Jury shall be regulated as follows : The Party who begins, or ^^^'
his Counsel, shall be allowed^ in the event of his Opponent not
announcing at the Close of the Case of the Party who begins his
Intention to adduce Evidence, to address the Jury a Second Time
at the Close of such Case, for the Purpose of summing up the
Evidence ; and the Party on the other Side, or his Counsel, shall
be allowed to open the Case, and also to sum up the Evidence (if
any); and the Right to reply shall be the same as at present.

■XTX. It shall be lawful for the Court or Judge, at the Trial Power to ad-
of any Cause, where they or he may deem it right for the Pur- jonm Trial.
poses of Justice* to order an Adjournment for such Time, and
subject to such Terms and Conditions as to Costs, and otherwise,
as they or he may think fit.

XX. If any Person called as a Witness, or required or desiring Affirmation hi-
to make an Affidavit or Deposition, shall refuse or be unwilling stead of Oath in
from alleged conscientious Motives to be sworn, it shall be lawfid certain Cases,
for the Court or Judge or other presiding Officer, or Person quali-^

fied to take Affidavits or Depositions, upon being satisfied of the
Sincerity of such Objection, to permit such Person, instead of
being sworn, to make his or her solemn Affirmation or Declaration
in the Words following ; videlicet^

* ¥ A.B. do solemnly^ sincerely, and truly affirm and declare, That

* -*- the taking of any Oath is, according to my religions Belief,

* unlawful ; and I do also solemnly, sincerely, and truly affirm and

* declare, Sfc*

Which solemn Affirmation and Declaration shall be of the same Force
and Efiect as if such Person had taken an Oatli in the usual Form.

XXI. If any Person making such solemn Affirmation or Decla- Persons making
ration shall wilfully, falsely, and corruptly affirm or declare any aiUse AiBrma-
Matter or Thing, which, if the same had been sworn in the usual tion to be sab-
Form, would have amounted to wilful and con'upt Perjury, every p^j^^^^s^
such Person so offending shall incur the same Penalties as by the for Peijory.
Laws and Statutes of this Kingdom are or may be enacted or pro*

vided against Persons convicted of wilful and corrupt Perjury.

XXIL A Party producing a Witness shall not be allowed to HowfiiraParty
impeach his Credit by general Evidence of bad Character, but he ^y discredit
may, in case the Witness shall in the Opinion of the Judge prove ^^* *^^^ ^'**
adverse, contradict him by other Evidence, or, by Leave of the "'^
Judge, prove that he has made at other Times a Statement incon-
sistent with his present Testimony ; bat before such last-mentioned

Proof

800

a 125.

17 • & 18» VICTOBI^

A.D.18&4.

•Proof of con -
tradictoryStat<!-
mento of ad-
verse Witness.

Cross-examina-
tion as to pre-
vioos State-
ments in Writ-
ing.

Proof of pre-
vious Convic-
tion of a Wit-
ness may be
given.

Attestmg Wit-
ness need not
be called.

Comparison of
disputed Writ-
ing.

Provision for
stamping Docu-
ments at Ihe
Trial

Proof can be given, the Circumstances of the supposed Statement,
sufficient to designate the particular Occasion, must be mentioned
to the AVitness, and he must be asked whether or not he has made
such Statement.

XXIII. If a Witness, upon Cross-examination as to a former
Statement made by him relative to the Subject Matter of the
Cause, and inconsistent with his present Testimony, does not 6i^
tinctly admit that he has made such Statement, Proof may be
given that he did in fact make it ; but before such Pi-oof can be
given, the Circumstances of the supposed Statement, sufficient to
designate the particular Occasion, must be mentioned to the Wit-
ness, and ho must be asked whether or not he lias made such
Statement.

XXIV. A Witness may be cross-examined as to previous State-
ments made by him in Writing, or reduced into Writing, relative
to the Subject Matter of the Cause without such Writing being
shown to him ; but if it is intended to contradict such Witness bv
the Writing, his Attention must, before such contradictory Proof
can be given, be called to those Parts of the Writing which are to
be used for the Purpose of so contradicting him : Provided alwars,
that it shall be competent for the Judge, at any Time during the
Trial, to require the Production of the Writing for his Inspection,
and he may thereupon make such Use of it for the Purposes of the
Trial as he shall think fit.

XXV. A Witness in any Cause may be questioned as to whether
he has been convict^^d of any Felony or Misdemeanor,- and, upon
being so questioned, if he either denies the Fact, or refuses to
answer, it shall bo lawful for the opposite Party to prove such Con-
viction ; and a Certificate containing the Substance and Effect
only (omitting the formal Part) of the Indictment and Convictioii
for such Offence, purporting to be signed by the Clerk of the
Court, or other Officer having the Custody of the Records of the
Court where the Offender was convicted, or by the Deputy of such
Clerk or Officer (for which Certificate a Fee of Five Shillings and
no more shall be demanded or taken,) shall, upon Proof of the
Identity of the Person, be sufficient Evidence of the said Convic-
tion, without Proof of the Signature or official Character of the
Person appearing to have signed the same.

XXVI. It shall not be necessary to prove by the attesting Wit-
ness any Instrument to the Validity of which Attestatiou is not
requisite ; and such Instrument may bo proved by Admissi<»i or
othenviso, as if there had been no attesting Witness thereto.

XXVII. Comparison of a disputed Writing with any Writing
proved to the Satisfaction of the Judge to bo genuine shall be
permitted ^o be made by Witnesses ; and such Writings, and the
Evidence of Witnesses respecting the same, may be submitted to
the Court and Jury as Evidence of the Crenuineness, or otherwise,
of the Writing in dispute.

XXVIII. Upon the Production of any Document as Eridence
at the Trial of any Cause, it shall be the Duty of the Officer of
the Court wliose Duty it is to read such Document to call the
Attention of the Judge to any Omission or Insufficiency of the
Stamp; and the Document, if unstamped, or not sufficientij
stamped, shall not be received .in Evidence until the whole or (^

the

A.D.1854. n^&lSoVICTORIiE. C,126. 801

ike Case may be) the Deficiency of the Stamp Duty, and the
Penalty required by Statute, togetlier with the additional Penalty
of One Pound, shall have been paid.

XXIX. Such Officer of the Court shall, upon Payment to him Officer of the
of the whole or (as the Case may be) of the Deficiency of the ^?*^ ^ **"
Stamp Duty payable upon or in respect of such Document, and ^^^ pent^*^
of the Penalty required by Statute, and of the additional Penalty ^'
of One Pound, give a Receipt for the Amount of the Duty or
Deficiency which the Judge shall determine to be payable, and

also of the Penalty, and thereupon such Document shall be admis-
sible in Evidence, saving all just Exceptions on other Grounds;
and an Entry of the Fact of such Payment and of the Amount
thereof shall be made in a Book kept by such Officer ; and such
Officer shall, at the End of each Sittings or Assizes (as the Case
may be), duly make a Return to the Commissioners of the Inland
Revenue of the Monies, if any, which he has so received by way
of Duty or Penalty, distinguishing between such Monies, and
stating the Name of the Cause and of the Parties from whom he
received such Monies, and the Date, if any, and Description of the
Document for the Purpose of identifying the same ; and he shall
pay over the said Monies to the Receiver General of the Inland
Revenue, or to such Person as the said Commissioners shall appoint
or authorize to receive the same ; and in case such Officer shall
neglect or refuse to furnish such Account, or to pay over any of
the Monies so received by him as aforesaid, he shall be liable to
be proceeded against in the Manner directed by the Eighth Section
of an Act passed in the Session of Parliament holden in the Thir-
teenth and Fourteenth Years of the Reign of Her present Majesty,
intituled An Act to repeal certain Stamp Duties, and to grant 13 & 14 Vict.
others in lieu thereof, and to amend the Laws relating to the Stamp e. 97.
Duties; and the said Commissioners shall, upon Request, and Pro-
duction of the Receipt herein-before mentioned, cause such Docu-
ments to be stamped with the proper Stamp or Stamps in respect
of the Sums so paid as aforesaid : Provided always, that the afore-
said Enactment shall not extend to any Document which cannot
now be stamped after the Execution thereof on Payment of the
Duty and a Penalty.

XXX. No Document made or required under the Provisions of P?J^^°°*
thi^ Act shall be liable to any Stamp Duty. g^^ *** ^^^^^

XXXI. No new Trial shall be granted by reason of the ruling ^^^ ^^ rp^;^
of any Judge that the Stamp upon any Document is sufficient^ or for mling as to
that the Document does not require a Stamp. Stamp.

XXXII. Error may bo brought upon a Judgment upon a Spe- Error may be
cial Case in the same Manner as upon a Judgment upon a Special hroofht on a
Verdict^ unless the Parties agree to the contrary ; and the Pro- Special Caae.
ceedings for bringing a Special Case before the Court of Error

shallyas nearly as may be, be the same as in the Case of a Special
Verdict ; and the Court of Error shall either affirm the Judgment
or give the aame Judgment as ought to have been given in the
Court in which it was originally decided, the said Court of Error
being required to draw any Inferences of Fact from the Facts
stated in such Special Case which the Court where it was origi-
nally decided ought to have drawn.

17 & 18 Vict. 3 F * XXXIIL In

i02 C/125. n** & 18» VICTORIA. A.D.1854.

Grounds to be XXXIII. In every Rale Nisi for a new Trial or to enter a Yer*
suted in Role ^^j ©r Nonsuit, the Grounds upon which such Rule shall hnve been
for new Trial, granted shall be shortly stated therein.

If Bole reftised, XXXTV. In all Cases of Rules to enter a Verdict or mnsuit
^^2l^^ upon a Point reserved at the Trial, if the Rule to show Caiise be
appeal. refused or granted and then discharged or made absolute, the

Party decided against maj appeal.

Appeal upon XXXV. In all Cases of Motions for a new Trial upon the

Bole^^rged Ground that the Judge has not ruled according to Law, if the

or aDsoiate. ^^^ ^^ ^^^^ Cause be refused, or if granted be then discharged

or made absolute, the Party decided against may appeal, provided

any One of the Judges dissent from the Rule being refused, or,

when granted, being discharged or made absolute, as the Case msj

be, or, provided the Court in its Discretion think fit ttiat an Appeal

should be allowed ; provided that where the Application for a new

Trial is upon Matter of Discretion only, as on the Ground that the

Verdict was against the Weight of Evidence or otherwise, no such

Appeal shall be allowed.

CoopU of Error XXXVI. The Court of Error, the Exchequer Chamber, and the

tobeCouptaof House of Lords shall be Courts of' Appeal for the Purposes of

^PP^ this Act.

Notice of XXXVIL No Appeal shall be allowed unless Notice thereof be

Appeal. given in Writing to the opposite Party or his Attorney, and to One

of the Masters of the Court, within Four Days after the Deddos
complained of, or such further Time as may be allowed bj the
Court or a Judge.
Bail XXXVni. Notice of Appeal shall be a Stay of Execution, pro-

vided Bail to pay the Sum recovered and Costs, or to pay Costs
where the Appellant was Plaintiff below, be given, in like Manner
and to the same Amount as Bail in Error, within Eight Days after
the Decision complained of, or before Execution delivered to the
Sheriff.
Form of Ap- XXXIX. The Appeal herein -before mentioned shall be upon a

P**^ Case to be stated by the Parties, (and in case of Difference, to be

settled by the Court or a Judge of the Court appealed from,) in
which Case shall be set forth so much of the Pleadings, Evidence,
and the Ruling or Judgment objected to, as may be necessarj to
raise the Question for the Decision of the Court of Appeal.
Bule granted on XL. When the Appeal is from the Refusal of the Court beloir
^^£^^T *® ^^^^ * ^"^® *^ ^^^^ Cause, and the Court of Appeal grant soch
disposed ot g^^ g^^i^ jj^j^ gjjj^jj y^ argued and disposed of in the Court of

Appeal.
Judgment, XLI. The Court of Appeal shall give such Judgment as ought

Court of Ap- ^ iiave been given in the Court below ; and all such further I^o-
^^**^ ceedings may be taken thereupon as if the Judgment had been

given by the Court in which the Record originated.
Powers of XLII. The Court of Appeal shall have Power to adjudge Pav-

Courtof Appeal nient of Costs, and to order Restitution ; and they shall have the
as to Costs, &c. g^jjjg Powers as the Court of Error in respect of awarding Process

and otherwise.
Error upon XLIII. Upon an Award of a Trial de novo by any One of the

AwMd of Trial Superior Courts or by the Court of Error, upon Matter appearing
^ upon the Record, Error may at once be brought ; and if the Judg-

ment

A.D.1854. 17- & IS'* VICTQRliE. C- 125. 603

ment in such or any other Case be affirmed in Error, it shall be
lawful for the Ck>urt of Error to adjudge Costs to the Defendant
in Error.

XLI V. When a new Trial is granted, on the Ground that the Fkyment of
Verdict was against Evidence, the Costs of the First Trial shall Coytsupon ne^r
abide the Event, unless the Court shall otherwise order, ^'•^

XLY. Upon Motions founded upon Affidavits it shall be lawful AffidaYito on
for either Party, with Leave of the Court or a Judge, to make »«^ Matter.
Affidavits in answer to the Affidavits of the opposite Party, upon
any new Matter arising out of such Affidavits, subject to all such
Rules as shall hereafter be made respecting such Affidavits.

XLVI. Upon the hearing of any Motion or Summons it shall Power to Coon
be lawful for the Court or Judge, at their or his Discretion, and of Jndge to
upon such Terms as they or he shall think reasonable, from Time J^J^^ of "
to Time to order such Documents as they or he may think fit to be ^^itnesMs.
produced, and such Witnesses as they or he may think necessary
to appear, and be examined vivd voeey either before such Court or
Judge, or before the Master, aud upon hearing such Evidence, or
reading the Report of such Master, to make such Rule or Order
as nay be just.

XLVn. The Court or Judge may by such Rule or Order, or Proceedings b^-
any subsequent Rule or Order, command the Attendance of the ''^^^^ "PJ? '
Witnesses named therein, for the Purpose of being examined, or ^c^-B»™™*-
Ihe Production of any Writings or other Documents to be men-
tioned in such Rule or Order ; and such Rule or Order shall be
proceeded upon in the same Manner, and shall have the same
Force and Effect, as a Rule of the Court under an Act passed in
the First Year of the Reign of His late Majesty King William the
Fourth, intituled An Act to enable Courts of Law to order the l W. 4. c, 22:
Examination of Witnesses upon Interrogatories or otherwise; and
it shall be lawful for the Court, or Judge, or Master to adjourn
the Examination from Time to Time as Occasion may require;
and the Proceedings upon such Examination shall be conducted,
and the Depositions taken down, as nearlv as may be, in the Mode
now in use with respect to the vivd voce Examination of Witnesses
under the last-mentioned Act.

XL VIII. Any Party to any Civil Action or other Civil Pro- Examinatkm of
ceeding in any of the Superior Courts, requiring the Affidavit of a P«"on i?ho re-
Person who refuses to make an Affidavit, may apply by Summons *°*^ffi!i™^r.^
for an Order to such Person to appear and be examined upon "*
Oath before a Judge or Master, to whom it may be most conve-
nient to refer such Examination, as to the Matters concerning
which he has refused to make an Affidavit ; and a Judge may,
if he think fit, make such Order for the Attendance of such Person
before the Person therein appointed to take such Examination,
for the Purpose of being examined as aforesaid, and for the Pro-
duction of any Writings or Documents to be mentioned in such
Order, and may therein impose such Terms as to such Examina-
tion, and the Costs of the Application and Proceedings thereon,
as he shall think just.

XLIX. Such Order shall be proceeded upon in like Manner as Proceedings
an Order made under the herein-before mentioned Act passed in upon Order for
the First Year of the Reign of His late Majesty King William Examination,
the Fourth, and the Examination thereon shall be conducted, and

3 F 2 the

804

C.125.

17« & 18' VICTORIA.

A.]).1854.

Difloovery of
Documents.

Fover to deli-
Ter written In-
terrocjatories to
opposite Party.

Affidavits by
Ptfty propos-
ing to mterro-
gate, and his
Attorney.

Orall^zamina'-

tionofFartieSy

^tobeal-

the Depositions taken down and returned, as nearly as may be,
in the Mode now used on viva voce Examinations under the said
Act of Parliament.

L. Upon the Application of either Party to any Cause or other
Civil Proceeding in any of the Superior Courts, upon an Affidavit
by such Party of his Belief that any Document, to the Production
of which he is entitled for the Purpose of Discovery or otherwise,
is in the Possession or Power of the opposite Party, it shall be
lawful for the Court or Judge to order that the Party against
whom such Application is made, or if such Party is a Body Cor-
porate, that some Officer to be named of such Body Corporate,
shall answer on Affidavit, stating what Documents he or tbey has
or have in his or their Possession or Power relating to the
Matters in dispute, or what he knows as to the Custody they or
any of them are in, and whether ho or they objects or .object
(and if so, on what Grounds,) to the Production of such as are in
his or their Possession or Power ; and upon such Affidavit being
made the Court or Judge may make such further Order thereon
as shall be just.

LI. In all Causes in any of the Superior Courts, by Order of
the Court or a Judge, the Plainliff may, with the Declaration,
and the Defendant may, with the Plea, or either of them by Leave
of the Court or a Judge may, at any other Time, deliver to the
opposite Party or his Attorney (provided such Party, if not a
Body Corporate, would be liable to be called and examined as
a Witness upon such Matter) Interrogatories in Writing ojxmi
any Matter as to which Discovery may be sought, and reqoire
such Party, or in the Case of a Bodj Corporate, any of the
Officers of such Body Corporate, within Ten Days to answer the
Questions in Writing by Affidavit, to be swoi*n and filed in the
ordinary Way ; and any Party or Officer omitting, without just
Cause, sufficiently to answer all Questions as to which a Discovery
maj be sought within the above Time, or such extended Time
as the Court or a Judge shall allow, shall be deemed to have
committed a Contempt of the Court, and shall be liable to be
proceeded against accordingly.

LIL The Application for such Order shall be made upon an
Affidavit of the Party proposing to interrogate, and his Attorney
or Agent, or, in the Case of a Body Corporate, of their Attomej
or Agent, stating that the Deponents or Deponent believe or
believes that the Party proposing to interrogate, whether Plaintiff
or Defendant, will derive material Benefit in the Cause from the
Discovery which he seeks, that there is a good Cause of Action
or Defence upon the Merits, and, if the Application be made on
the Part of the Defendant, that the Discovery is not sought for
the Purpose of Delay ; provided that where it shall happen, from
unavoidable Circumstances, that the Plaintiff or Defendant cannot
join in such Affidavit, the Court or Judge may, if they or be
think fit, upon Affidavit of such Circumstances by which the
Party is prevented from so joining therein, allow and order thai
the Interrogatories may be delivered without such Affidavit.

LIII. In case of Omission, without just Cause, to answer saffi-
ciently such written Interrogatories, it shall be lawful for the
Court or a Judge, at their or his Discretion, to direct an oral

Szami-

A.D.1854. 17^ & 18" VICTORIA. C. 125. 806

examination of the interrogated Partj, as to such Points as they
or he may direct, before a Judge or Master ; and the Court or
Judge may by such Rule or Order, or any subsequent Rule or
Order, command the Attendance of such Party or Parties before
the Person appointed to take such Examination, for the Purpose
of being orally examined as aforesaid, or the Production of any
Writings or other Documents to be mentioned in such Rule or
Order, and may impose therein such Terms as to such Examina-
tion, and the Costs of the Application, and of the Proceedings
thereon, and otherwise, as to such Court or Judge shall seem
just

LIV, Such Rule or Order shall have the same Force and ProoeediDgs
Effect, and may be proceeded upon in like Manner, as an Order '^po™ «ach Bole
made under the said herein-before mentioned Act passed in the ^^ Order.
First Year of the Reign of His late Majesty King William the
Fourth.

LV. Whenever, by virtue of this Act, an Examination of any Depositions
Witness or Witnesses has been taken before a Judge of One of upon such Exa-
the said Superior CourU, or before a Master, the Depositions J^j^^^**^^
taken down by such Examiner shall be returned to and kept in Master's Office,
the Master's Office of the Court in which the Proceedings are
pending ; and Office Copies of such Depositions may be given
out, and the Depositions may be other^vise used, in the same
Manner as in the Case of Depositions taken under the herein-
before mentioned Act passed in the First Year of the Reign of His ^ "^ • *• c. 22.
late Majesty King William the Fourth.

LVI. It shall be lawful for every Judge or Master named in Examiner may
any such Rule or Order as aforesaid for taking Examinations make special
under this Act, and he is hereby required to make, if need be, a q^^ *^
special Report to the Court in which such Proceedings are pend-
ing, touching such Examination, and the Conduct or Absence of
any Witness or other Person thereon or relating thereto ; and the
Court is hereby authorized to institute such Proceedings and make
such Order and Orders upon such Report as Justice may require,
and as may be instituted and made in any Case of Contempt of
the Court

LVII. The Costs of every Application for any Rule or Order Costs of Role,
to be made for the Examination of Witnesses by virtue of this &c. to be in the
Act, and of the Rule or Order and Proceedings thereon, shall be ^i^CoSt ^^
in the Discretion of the Court or Judge by whom such Rule or
Order is made.

LVIIL Either Party shall be at liberty to apply to the Court Inspection by
or a Judge for a Rule or Order for the Inspection by the Jury, or Ju^,ofParties,
by himself, or by his Witnesses, of any Roal or Personal Property ^^ itnesses.
•the Inspection of which may be material to the proper Determina-
tion of the Question in dispute; and it shall be lawful for the
Court, or a Judge, if they or he think fit, to make such Rule or
Order, upon such Terms as to Costs and otherwise as such Court
or Judge may direct : Provided always, that nothing herein con-
tained shall affect the Provisions of the " Common Law Procedure
Act, 1852," or any previous Act, as to obtaining a View by a
Jury : Provided also, that all Rules and Regulations now in force
and applicable to the Proceedings by View under the said last-
mentioned Act shall be held to apply to Proceedings for Inspec-

3 F 3 tion

806

C.125.

17* & 18* VICTORIiE.

AD.1854.

Role or Order
for rammoniiig
Jnrj.

Examination
of Judgment
Debtor as to
Debts due to
him.

Judge may
order an At-
tachment of
Debts.

Order for At-
tachment to
bind Debts.

Flrooeedings to
leyy Amoont
due from G(ar-
nishee to Judg-
ment Debtor.

Judge may al-
low Judgment
Creditor to sue
Garnishee.

tion by a Jury under the Proyisions of this Act, or as near thereto
a8 may be.

LIX. Tlie several Courts^ or any Judge thereof^ may make all
such Rules or Orders upon the Sheriff or other Person as may be
necessary to procure the Attendance of a Special or Common
Jury for the Trial of any Cause or Matter depending in such
Courts, at such Time and Place and in such Manner as ihey or
he may think fit.

LX. It shall be lawful for any Creditor who has obtained a
Judgment in any of the Superior Courts to apply to the Court
or a Judge for a Rule or Order that the Judgment Debtor should
be orally examined as to any and what Debts are owing to him
before a Master of the Court, or such other Person as the Court or
Judge shall appoint; and the Court or Judge may make such
Rule or Order for the Examination of such Judgment Debtor,
and for the Production of any Books or Documents, and tlie
Examination shall be conducted in the same Manner as in the
Case of an oral Examination of an opposite Party before a Master
under this Act.

LXI. It shall be lawful for a Judge, upon the ex-parU Appli-
cation of such Judgment Creditor, either before or after such
oral Examination, and upon Affidavit by himself or his Attoraej
stating that Judgment has been recovered, and that it is still
unsatisfied, and to what Amount, and that any other Person is
indebted to the Judgment Debtor, and is within the Jurisdiction,
to order that all Debts owing or accruing from such Third Person
(herein-after called the Garnishee) to the Judgment Debtor ahiil
be attached to answer the Judgment Debt ; and by the same oc
any subsequent Order it may be ordered that the Garnishee shsU
appear before the Judge or a Master of the Court, as such Judge
shall appoint, to show Cause why he should not pay the Judgment
Creditor the Debt due from him to the Judgment Debtor, or so
much thereof as may be sufficient to satisfy the Judgment Debt

LXU. Service of an Order that Debts due or accruing to the
Judgment Debtor shall be attached, or Notice thereof to the
Garnishee, in such Manner as the Judge shall direct, shall bind
such Debts in his Hands,

LXIII. If the Gkirnishee does not forthwith pay into Court the
Amount due from him to the Judgment Debtor or an Amount
equal to ihe Judgment Debt, and does not dispute the Debt due or
claimed to be due from him to the Judgment Debtor, or if he does
not appear upon Summons, then the Judge may order Execution
to issue, and it may be sued forth accor<tingly, without any pre-
vious Writ or Process, to levy the Amount due from such Gar-
nishee towards Satisfaction of the Judgment Debt.

LXIV. If the Garnishee disputes bis Liability, the Judg^
instead of making an Order that Execution shall issue, may order
that the Judgment Creditor shall be at liberty to proceed against
the Garnishee by Writ, calling upon him to show Cause why there
should not be Execution against him for the alleged Debt, or for
the Amount due to the Judgment Debtor, if less than the Judg-
ment Debt, and for Costs of Suit ; and the Proceedings ujion such
Suit shall be the same, as nearly as may be, as upon a Writ oi
Revivor issued under " The Common Law Procedure Act^ 1352.

LXV. Pa/-

A.D.1854. 17^ & 18 • VICTORI-S. C. 125. 807

LXV. Payment made hj or Execution levied upon the Gar- Qamlshee d]»-
nishee under anj^such Proceeding as aforesaid shall ba a valid cl'A'g^
Discharge to him as against the Judgment Debtor to the Amount
paid or levied, although such Proceeding may be set aside or the
Judgment reversed.

LXVI. In each of the Superior Courts there shall be kept at Attachment
ibe Master's Office a Debt Attachment Book, apd in such Book Book to be kept
Entries shall be made of the Attachment and Proceedings thereon, of awh C<^
with Names, Dates, and Statements of the Amount recovered, and
otherwise ; and the Mode of keeping such Books shall be the same
in all the Courts ; and Copies of any Entries made therein may be
taken bj any Person, upon Application to anj Master.

LXVn. The Costs of anj Application for an Attachment of Costs of Appli-
Debt under this Act, and of any Proceedings arising from or in- cation,
cidental to such Application, shall be in the Discretion of the
Court or a Judge.

LXym. The Plaintiff in any Action in any of the Superior Actionfor Man-
Courts, except Replevin and Ejectment, may endorse upon the damus to en-
Writ and Copy to be served a Notice that the Plaintiff intends to fo^^e the Per-
<;laim a Writ of Mandamus, and the Plaintiff may thereupon claim ^J?*"^ ®^
in the Declaration, either together with any other Demand which
may now be enforced in such Action, or separately, a Writ of
Mandamus commanding the Defendant to fulfil any Duty in the
Fulfilment of which the Plaintiff is personally interested.

LXIX. The Declaration in such Action shall set forth sufficient Declaration in
Grounds upon which such Claim is founded, and shall set forth Action for
that the Plaintiff is personally interested therein, and that he Mandamus,
sustains or may sustain Damageby the Nonperformance of such
Duty, and that Performance thereof has been demanded by him,
and refused or neglected.

LXX The Pleadings and other Proceedings in any Action Pxxxseedings
in which a Writ of Mandamus is claimed shall be the same in jpo"* C'lim for
all respects, as nearly as may be, and Costs shall be recoverable Mandamus.
by either Party, as in an ordinary Action for the Recovery of
Damages.

LXXT. In case Judgment shall be given to the Plaintiff that a Judgment and
Mandamus do issue, it shall be lawful for the Court in which such Execution.
Judgment is given, if it shall see fit, besides issuing Execution in
the ordinary Way for the Costs and Damages, also to issue a
peremptory Writ of Mandamus to the Defendant, commanding
him forthwith to perform the Duty to be enforced.

LXXTT. The Writ need not recite the Declaration or other I'ormofpe-
Proceedings, or the Matter therein stated, but shall simply com- remptory Writ
mand the Performance of the Duty, and in other respects shall be
in the Form of an ordinary Writ of Execution, except that it
shall be directed to the Party and not to the jSheriff, and may be
issued in Term or Vacation, and returnable forthwith ; and no
Return thereto, except that of Compliance, shall be allowed, but
Time to return it may, upon sufficient Grounds, be allowed by the
Court or a Judge, either with or without Terms.

LXXm. The Writ of Mandamus so issued as aforesaid shall Effect of Writ
have the same Force and Effect as a peremptory Writ of Man- o^ Mandamus,
damns issued out of the Court of Qaeen's Bench, and in case of ^^*
Disobedience may be enforced by Attachment.

3 F 4 XXXIV. The

808

C.125.

11^ & 18« VICTORIiE.

A.D.1854.

The Court may
order the Act
to be done at
the Expense of
the Defendant,

Prerogative
Writ of Man-
damus pre-
served.

Froceedings for
Prerogative
Writ of Man-
damus accele-
rated.

Proceedings on'
Prerogative
Writ of Man-
damus.

Specific Deli-
very of Chat-
tels.

Claim of Writ
of Injunction.

Form of Writ
of Summons
and Endorse-
ment thereon.

LXXrV. The Court may, upon Application by the Pltontiff,
besides or instead of proceeding against the disobedient Party by
Attachment, direct that the Act required to be done may be done
by the Plaintiff', or some other Person appointed by the Court, at
the Expense of the Defendant ; and upon the Act being done, the
Amount of such Expense may be ascertained by the Court, either
by Writ of Inquiry or Reference to a Master, as the Court or a
Judge may order ; and the Court may order Payment of the
Amount of such Expenses and Costs, and enforce Payment thererf
by Execution.

LXXV. Nothing herein contained shall take away the Juris-
diction of the Court of Queen's Bench to grant Writs of Jilan-
damus ; nor shall any Writ of Mandamus issued out of that Court
be invalid by reason of the Right of the Prosecutor to proceed bj
Action for Mandamus under this Act.

LXXVI. Upon Application by Motion for any Writ of Man-
damus in the Court of Queen's Bench, the Rule may in all Cases
be absolute in the first instance, if the Court shall think fit ; and
the Writ may bear Teste on the Day of its issuing, and may be
made returnable forthwith, whether in Term or in Vacation, but
Time may be allowed to return it^ by the Court or a Judge, either
with or without Terms.

LXXVII. The Provisions of " The Common Law Procedure
Act, 1852," and of this Act^ so far as they are applicable, shall
apply to the Pleadings and Proceedings upon a Prerogative Writ
of Mandamus issued by the Court of Queen's Bench.

LXXVIII*' The Court or a Judge shall have Power, if they or
he sec fit so to do, upon the Application of the Plaintiff in any
Action for the Detention of any Chattel, to order that Execntioft
shall issue for the Return of the Chattel detained, without giving
the Defendant the Option of retaining such Chattel upon paying
the Value assessed, and that if the said Chattel cannot be foand,
and unless the Court or a Judge should otherwise orddr, thA
Sheriff shall distrain the Defendant by all his Lands and Chatteb
in the said Sheriff's Bailiwick, till the Defendant render such
Chattel, or, at the Option of the Phiintiff, that ho cause to be nuule
of the Defendant's Goods the assessed Value of such Chattel; pro-
vided that the Plantiff shall, either by the same or a separate Writ
of Execution, be entitled to have made of the Defendant's Goods
the Damages, Costs, and Interest in such Action.

LXXIX. In all Cases of Breach of Contract or other Injury,
where the Party injured is entitled to maintnin and has brought
an Action, he may, in like Case and Manner as herein-before
provided with respect to Mandamus, claim a Writ of Injunction
against the Repetition or Continuance of such Breach of Contract^
or other Injury, or the Committal of any Breach of Contract or
Injury of a like kind, arising out of the same Contract, or relating
to the same Property or Right; and he may also in the suae
Action include a Claim for Damages or other Redress,

LXXX. The Writ of Summons in such Action shall be in tk
same Form as the Writ of Summons in any Personal Actioo« bot
on every such Writ and Copy thereof there shall be endorsed «
Notice that in default of Appearance the Plaintiff mayt besides

proceeding

A.D.1854* 17' & 18* VICTORIJE. C. 125. 809

proceeding to Judgment and Execution for Damages and Costs,
apply for and obtain a Writ of Injunction.

LXXXI. The Proceedings in such Action shall be the same, as FonnofPro-
nearly as may be, and subject to the like Control, as the Pro- ceedings and of
ceedings in an Action to obtain a Mandamus under the Provisions J^idgment
herein-before contained; and in such Action Judgment may be ' «

given that the Writ of Injunction do or do not issue, as Justice
may require ; and in case of Disobedience such Writ of Injunction
may bo enforced by Attachment by the Court, or, when such
Courts shall not be sitting, by a Judge.

LXXXII. It shall bo lawful for the Plaintiff at any Time after Writof Iiunnc-
the Commencement of the Action, and whether before or -after ti<m may be
Judgment, to apply ex parte to the Court or a Judge for a Writ of appli^d for at
Injunction to restrain the Defendant in such Action from the ^J(^aJ»e.°
Repetition or Continuance of the wrongful Act or Breach of Con-
tract complained of, or the Committal of any Breach of Contract
or Injury of a like kind, arising out of the same Contract, or re-
lating to the same Property or Right; and such Writ may be
granted or denied by the Court or Judge upon such Terms as
to the Duration of the Writ, keeping an Account, giving Security,
or otherwise, as to such Court or Judge shall seem reasonable and
just, and in case of Disobedience such Writ may be enforced by
Attachment by the Court, or, when such Courts shall not be
sitting, by a Judge : Provided always, that any Order for a Writ
of Injunction made by a Judge, or any Writ issued by virtue
thereof, may be discharged or varied or set aside by the Court,
onApplication made thereto by any Party dissatisfied with such
Order.

LXXXIII. It shall be lawful for the Defendant or Plaintiff in Equitable De-
replevin in any Cause in any of the Superior Courts in which, f«nce ™»y be
if Judgment were obtained, he would be entitled to Relief against pl^^ded.
such Judgment on equitable Grounds, to plead the Facts which
entitle him to such Relief by way of Defence, and the said Courts
are hereby empowered to receive such Defence by way of Plea ;
provided that such Plea shall begin with the Words '* For De-
fence on equitable Grounds," or Words to the like Effect.

LXXXIV. Any such Matter which, if it arose before or during Equitable De*
the Time for pleading, would be an Answer to the Action by way fence after
of Plea, may, if it arise after the Lapse of the Period during Judgment
which it could be pleaded, be set up by way of Audita querela.

LXXXV. The Plaintiff may reply, in answer to any Plea of Equitable Re-
the Defendant, Facts which avoid such Plea upon equitable pHcation.
Grounds; provided that such Replication shall begin with the
Words " For Replication on equitable Grounds," or Words to the
like Effect.

LXXXYI. Provided always, that in case it shall appear to the Court or Judge
Court, or any Judge thereof, that any such equitable Plea or may strike oat
equitable Replication cannot be dealt with by a Court of Law so «qnitaWe Plea
as to do Justice between the Parties, it shall be lawful for such ^^ K«Phcatooii.
Court or Judge to order the same to be struck out on such Terms
as to Costs and otherwise as to such Court or Judge may seem
reasonable^^

LXXXVil. In case of any Action founded upon a Bill of Ex- Actions on lost
change or other negotiable Instrument, it shall be lawful for the Lutruments.

Ccurt

610

C.125.

17» & 18» VICTOBIJE.

A.D4854.

JoriidietkM
nnder Sh^
ownen Act*

53 G. 3. c. 159.

False Eridenoe.

Execution to
fix Bail

Scixe&ciason
Judgnunt of
AflBetBinfbtoro.

To compel Con-
tinaanceor
Abandoninent
of Action in
case of Death.

Claimant in
ISecond Igect-
ment for same
Premises
against same
Defendant may
he ordered to
giye Secarity
for Costs.

As to Writs of
Execution is-

Court or a Judge to order that the Lose of such Inatnuiient shill
not be set up, provided an Indemnity is given, to the SatisfiMstion
of the Court or Judge, or a Master, against the Claims of any
other Person upon such negotiable Instrument.

LXXXVm. The Superior Courts or any Judge thereof may,
upon summary Application,, by Rule or Order, exercise such and
the like Jurisdiction as may, under the Provisions of an Act of
Parliament made and passed in the Fifty*third Year of the Beign
of His Majesty King George the Third, intituled An Act to Umit
the ResponsibilUy of Sk^xnoners in certain Cases^ be exercised by
any Court of Equity.

LXXXIX. Any Person who shall, upon any Examination upon
Oath or Affirmation, or in any Affidavit in Proceedings under this
Act, wilfully and corruptly give false Evidence, or wilfully and
corruptly swear or affirm anything which shall be false, being
convicted thereof, shall be liable to the Penalties of wilful and
corrupt Perjury.

XC. Writs of Execution to fix Bail may be tested and re-
turnable in Vacation.

XCL Proceedings against Executors upon a Judgment of Assets
in future may be had and taken in the Manner provided by ** The
Common Law Procedure Act, 1852,'* as to Writs of Revivor.

XCII. Where an Action would, but for the Provisions of "The
Common Law Procedure Act, 1852," have abated by reason of
the Death of either Party, and in which the Proceedings may be
revived and continued under that Act, the Defendant or Penoo
against whom the Action may be so continued may apply hj
Summons to compel the Plaintiff, or Person entitled to proceed
with the Action in the Room of the Plaintiff, to proceed accord
to the Provisions of the said Act within such Time as the Jadge
shall order ; and in default of such Proceeding the Defendant or
other Person against whom the Action may be so continued as
aforesaid shall be entitled to enter a Suggestion of such Default,
and of the representative Character of the Person by or against
whom the Action may be proceeded with, as the Case may b^ and
to have Judgment for the Costs of the Action and Suggestion
against the Plaintiff, or against the Person entitled to proceed in
his Room, as the Case may be, and in the latter Case to be levied
of the Goods of the Testator or Intestate.

XCIII. If any Person shall bring an Action of Ejectment after
a prior Action of Ejectment for the same Premises has been or
shall have been unsuccessfully brought by such Person, or by anj
Person through or under whom he claims against the same De-
fendant, or against any Person through or under whom he defend*,
the Court or a Judge may, if they or he think fit, on the Appli-
cation of the Defendant at any Time after such Defendant has
appeared to the Writ, order that the Plaintiff shall give to the
Defendant Security for the Payment of the Defendant's Costs, and
that all further Proceedings in the Cause shall be stayed until such
Security be given, whether the prior Action has been or shall
have been disposed of by Discontinuance, or by Nonsuit, or by
Judgment for the Defendant.

XCIV. No Writ of Execution issued before the Twcnty-fourtJi
Day of October One thousand eight hundred and fifty-two, ii

unexecuted,

A.D.1854. 17« & 18^ VlCTORIiE. C 125. 811

unexecuted, diall remain in force for more than Six Calendar siiedbefore24th
Months after the Twenty-fourth Day of October One thousand October 1852.
eight hundred and fifty-four, unless the same he renewed aa
herein-after mentioned^ hut all such Writs may he renewed from
TimQ to Time in the same Manner as Writs issued after the
Twenty-fourth Day of October One thousand eight hundred and
fifty-two may now be renewed under the " Common Law Prooe- •
« dure Act, 1852," Section CXXIV,

XCY. The Superior Courts i^ay appoint and hold Sittings Courts may aiw
either in Banc, or for the Trial of Issues in Fact by Judge or point Sittings.
Jury, at any Time or Times, whether in Term or Vacation, not
being between the Tenth of Augiut and the Twenty-fourdi of
October,

XCVI. It shall be lawful for the Superior Courts of Common Am^iimAnfap-
Law, and every Judge thereof, and any Judge sitting at Nisi
Prius, at all Times to amend all Defects and Errors in any Pro-
ceedings under the Provisions of this Act» whether there is
anything in Writing to amend by or not, and whether the Defect
or £rror be that of the Party applying to amend or not ; and all
such Amendments may be made with or without Costs, and upon
sach Terms as to the Court or Judge may seem fit ; and all such
Amendments as may be necessary for the Purpose of determining
in the existing Suit the real Question in controversy between the
Parties shall ^ so made, if duly applied for.

•XCYIL It shall be kwful for the Judges of the said Courts, General Boles
or any Eight or more of them, of whom the Chiefs of each of the ^^^^^^
said Courts shall be Three, from Time to Time to make all such ^^ ^^ Judges.
General Rules and Orders for the effectual Execution of this Act,
and of the Intention and Object hereof, and for fixing the Costs to
be allowed for and in respect of the Matters herein contained, and
the Performance thereof, as in their Judgment shall be necessary
or proper, and for that Purpose to meet from Time to Time as
Occasion may require : Provided that nothing herein contained
shall be construed to restrain the Authority or limit the Juris-
diction of the said Courts or of the Judges thereof to make Rules
or Orders, or otherwise to regulate and dispose of the Business
therein.

XGVIIL Such new or altered Writs and Forms of Proceedings New Forms of ^
may be issued, entered, and taken,* as may by the Judges of the Writs and other
«aid Courts, or any Eight or more of them, of whom the Chiefs Proceedings,
of each of the said Courts shall be Three, be deemed necessaty
or expedient for giving Effect to the Provisions herein-before
contained, and in such Forms as the Judges of such Courts re-
spectively shall from Time to Time think fit to order ; and such
Writs and Proceedings shall be acted upon and enforced in such
and the same Manner as Writs and Proceedings of the said Courts
are now acted upon and enforced, or as near thereto as the Cir-
cumstances of the Case will admit; and any existing Writ or
Proceeding the Form of which shall be in any Manner altered
in pursuance of this Act shall nevertheless be of the same Force
and Virtue as if no Alteration had been made therein, except as
far as the Effect thereof may be varied by this Act.

XCIX. In the Construction of this Act the Word ** Court " Interpretation
shall be understood to mean any One of the Superior Courts of of Terms.

Common

812

C.125.

17°&18°VICTOKIJS.

A,D.1854.

FroviBions rela-
ting to Superior
Courts to apply
to Court of
Common Pleas
at Lancaster
and Court of
Pleas at Dur.

ProviBions as
to Masters of
Superior Courts
to apply to Pro-
thonotaries of
Palatinate
Courts.

Court of
Queen's Bench
to be the Court
of Appeal from
Palatinate
Courts.

Enactments in
88. 19 to 32 to
i^plv to every
CiTil Court in
England and
Ireland.
Commence-
ment of Act

Her Mijtsty
may dix«ct all
or Part of this
Act to extend

Common Law at Westminster; and the Word ''Judge" shall be
understood to mean a Judge or Baron of any of the said Courts;
and the Word " Master" shall be understood to mean a Master of
any of the said Courts ; and the Word ''Action" shall be under-
stood to mean any Personal Action in any of the said Courts.

C. All the Enactments and Provisions of this Act not relating
exclusively to the Sittings for Trials of Causes or Issues in Fact
at London or Westminster shall extend and apply to the Court of
Conmion Pleas at Lancaster and the Court of Pleas at Durham^
and Actions and Proceedings therein respectively, subject to the
following Modifications : Ail the Powers given bj this Act to
the Judges of the said Superior Courts of Common Law at West-
minster to make General Rules and Orders shall and may be
exercised by the respective Judges of the Court of Common Pleas
at Lancaster and Court of Pleas at Durham^ being Judges of One
of the said Common Law Courts at Westminster^ or any Two of
them respectively, with respect to the said Court of Common
Pleas at Lancaster and Court of Pleas at Durham respectively,
and Matters and Proceedings therein within the Jurisdiction of
the same Courts respectively; and all Powers under this Act
exercisable by any One Judge of the Superior Courts at /F«^
minster shall and may be exercisable by One Judge of the said
Superior Courts of the said Counties Palatine, being also a Judge
of One of the said Courts at Westminster, as to Matters and Plro-
ceedings in the said Superior Courts of the said Counties Pabtiiie.

CI. Provided always, That all the Provisions of this Act t^^^-
cable to Masters of the said Courts at Westminster shall apply to
the respective Prothonotaries of the Court of Common Pleas it
Lancaster and Court of Pleas at Durham and their respective
Deputies acting in the Execution of the Duties of such Offices,
which acting Officers respectively may singly exercise with refe-
rence to Matters and Proceedings in the last-mentioned Coorts
respectively the Powers hereby given to the Masters of the
Superior Courts at Westminster.

CIL Provided also, as to Proceedings in Appeal, That the
Court of Queen's Bench, being the Court of Error from the said
Court of Common Pleas at Lancaster and Court of Pleas at Jhtr-
ham respectively, shall also be the Court of Appeal from the said
respective Courts for the Purposes of this Act in reference to
Motions for New Trials, or to enter Verdicts or Nonsuits pre-
viously made to the Judges of the said respective Courts of
Common Pleas at Lancaster and Court of Pleas at Durham
respectively.

CIIL The Enactments contained in Sections Nineteen, Twenty,
Twenty-one, Twenty-two, Twenty-three, Twenty-four, Twenty-
five, Twenty-six, Twenty-seven, and Twenty-eight, Twenty-nine,
Thirty, Thirty-one, and Thirty-two of this Act shall applj m^
extend to every Court of Civil Judicature in England and Irela^

CIV. The Provisions of this Act shall come into operation on
the Twenty-fourth Day of October in the Year of our Lord Ooe
thousand eight hundred and fifty-four.

C V. It shaU be lawful for Her Majesty from Time to Time, b;
an Order in Council, to direct that all or any Part of the Provi-
sions of this Act, or of the Rules to be made in pursuance thereof,

sbail

A.D.1854. 17^ & 18* VICTORIA C. 125. 813

shall apply to all op any Court op Courts of Record in England to any Court of

and IFo/ef, and within One Month after such Order shall have Ke^^d.

been made and published in the London Gazette such Provisions

and Rules respectively shall extend and apply in manner directed

by such Order, and any such Order may be in like Manner from

Time to Time altered and annulled; and in and by any such

Order Her Majesty may direct by whom any Powers or Duties

incident to the Provisions applied under this Act, or the Common

Law Procedure Act, 1852, shfdl and maybe exercised with respect

to Matters in such Court or Courts, and may make any Orders or

Regulations which may be deemed requisite for carrying into

operation in such Court or Courts the Provisions so applied.

CVL In citing this Act in any Instrument, Document^ or Pro- Short Title of
ceeding it shall be sufficient to use the Expression " The Common ^^
Law Procedure Act, 1854."

CVn. Nothing in this Act shall extend to Ireland or Scotland, Act not to ex-
save as aforesaid. *«od to Irdand

or Scotland.

614 a'l—a. W & 18' YICTOBIM. A-D.185t

LOCAL AND PERSONAL ACTS,

DECLARED PUBLIC,
AND TO BE JUDICIALLY NOTICED.

Cap. i.
AN Act for better supplying with Gas the Town of MiddkUm
and the Neighbourhood thereof in the Coantj Palatine of I
Lancaster. [12th May 18^]

[Potoer to raise addUwnal CapUal^ j£20,000, § 23.]

Cap. ii.

An Act to enable the London Life Association to increase the

Amount authorized by their Deed of Settlement to be assared

upon a single Life in the said Society. [1 2th May 1854.]

\_Power to increase Assurances on single Lives ^ § 1.]

Cap. iii.
An Act for granting further Powers to '* The RadcUffe and Vir
kington Gas Company." [12th May 1854.]

[Power to raise additional Capital^ .£^18,000, § 24.]

Cap. iv.

An Act to enable the Leeds New Gas Company to raise a farther

Sum of Money ; to consolidate and amend the Acts relating to

the Company ; and for other Purposes. [12th May 1854.]

[Power to raise additional Capital^ ^150,000, § 19.]

Cap.y^

An Act for enabling the Brighton^ ffove, and listen Constant
Service Waterworks Company to purchase the Undertaking of
the Brighton, Hove, afid Preston Waterworks Company; and
for granting to the first-named Company all necessary Powers
for supplying with Water the Parishes of Brighton, ffove, and
Preston in the County of Sussex. [1 2th May 1854.]

[For Protection of Brighton, Cuckfield, and Lovel Heath Turnpike
Road, § 64. Act not to apply to the Royal PaviUon, widumt
Consent, §71.]

Cap. vi.

An Act for incorporating and extending the Powers of the
Hastings and Saint Leonards Gas Company. [ 1 2th May 1 9oA.]

[Provision as to Capital cf Company, § 15. Power to barrtnc
Money on Mortgage, § 18.]

A.l).1854 17«> & 18« VICTOKIJE. Cvii— xiiL 815

Cap, yii.
An Act for enabling the Norwich Equitable Fire Assurance Com-
panj to sue and be sued in that Name, and for other Pur-
poses. [12th May 1854.]

Cap. viii.

An Act for the Improvement of the Borough of Warrington; and
for enabling the Council thereof to erect a covei*ed Market ; and
for other Purposes. [12th May 1854.]

^Power to Corporation io borrow Money on Mortgage^ § 16. Provi-
sion as to Payment of Debts^ § 17* Provision aa to Payment of
Sewers made before passing of this Act, S 41. Penalties imposed
by 10 Sf II Viet, c, 34., as to Prevention of Smoke may be remitted
by Justices, § 49. Saving of Rights, § 67.]

Cap. ix.
An Act to warp and improve certain Lands in the Level of Hat^
field Chase. [J2th May 1854.]

[ Jbtrer to raise Capital, £di),Q(Xi, § 4. Power to borrow Money
on Mortgage^ § 7. Power to raise Money on Security of warped
Lands, § 30. Saving Rights of Commissioners of Sewers of JUat'
field Chase, § 32. Saving Rights of the Crown, § 37.]

Cap. X.
An Act for enabling the Nottingham Waterworks Company to
raise a further Sum of Money; and for amending some of the
Provisions of the Act relating to such Company.

[12th May 1854.]
[Capital augmented to ^250,000, § 3.]

Cap. xi.
An Act to consolidate the Stock and Powers of the Corporation of
" The Royal Exchange Assurance of Houses and Goods from
Fire " with the Stock and Powers of the Corporation of " The
Royal Exchange Assurance," and to confer on the last-named
Corporation the Powers of " The Royal Exchange Assurance
Annuity Company" and " The Royal Exchange Assurance Loan
Company," and to give additional Powers to ** The Royal Ex-
change Assurance." [12th May 1854.]
[^Consolidation of Capital Stocks, § 1.]

Cap. xii.
An Act to confer additional Powers upon the Corporation of tlie
Amicable Society for a perpetual Assurance Office, for the
Purposes of Investment. [12th May 1854.]

Cap. xiii.

An Act to enable the Dock Company at Kingston-upon-ffull to
raise a further Sum of Money, and to convert the Mortgage
and Bond Debt of the Company into Debenture Stock and Per-
petual Annuities; and for other Purposes. [12th May 1854.]

[Power to borrofv additional Money on Mortgage, § 3. Company
not enabled to levy passing Tolls, § 50.]

816 Gxiv— xxL 17« & 18«» VICTOBLiE. A.D,1854.

Cap, xiv.

An Act for establishing a Police Superannuation Fund in the
Borough of Liverpool. [12th May 1854.]

Cap. XV.
An Act to make further Prorision for the Sewerage, Sanitary
Regulation, and Improvement of the Borough of Liverpool.

[12th May 1354.]
[^For Purposes of Act, Borough to be distinguished into ^ The Out
Townships" and « The Parish of Liverpool," § 6.]

Cap. xvi.

An Act for better supplying with "Water the Town of Soutkport

in the Countj Palatine of Lancaster, and the Neighbourhood

thereof. [12th May 1854.]

[Poirer to borrow, not exceeding j1'4,0(X), on Mortgage, § 8.]

Cap. xvii.
An Act for suppl3ring with Gas Ramsbottom and other Places in
the Parish of Bury in the Countj Palatine of Lancaster,

[12th May 1854.]
[^Power to borrow, not exceeding d2,500., on Mortgage, § 12.]

Cap. xviii.
An Act to enable the Rossendale Waterworks Companj to raise %
further Sum of Monej. [12th Afay 1854.J

[Power to raise, by new Shares, ^15,000, § 1. Power to borrow
on Mortgage, § 6.]

Cap. xix.
An Act for enabling the Scarborough Public Market Companj to
raise a further Sum of Money, and for amending and codsoU-
dating the Provisions of the Act relating to such Com-
pany. [12th J^ay 1854.]
[Power to raise additional Capital, ^14,000, § 19. Power to raise
Money by Mortgage, § 22. Saving Bights of Corporation to
Harbour Dues, § 59.]

Cap* XX.
An Act for lighting with Gas the Borough of Bolton and Places
near thereto, and for other Purposes, and of which the Short
Title is '*The Bolton Gas Company's Act, 1854.'*

[12th May 1854.]

[Power to raise further Capital on Mortgage, § 25. Money borrowed
not to be converted into Capital, § 29.]

Cap. xxi.

An Act for continuing the Term and amending and extending the
Provisions of the Act relating to the Kingswood District of
Turnpike Roads in the County of Gloucester. [12th ^ay 1854.]

[7 4" 8 Geo. 4. c. c. repealed, and this Act to beput in force, § 1.
Tolls to be paid but once a Day, § 9. Coal Waggons to pay an
additional Half Toll between Z\st October and \st AprU in eatk
Year, § 1 1. Act to commence on the Fourth ffednesday after
the passing^ and continue in force for TwetUy^one Years, § 26.]

A.D.1854. 17^ & 18° VICTORIiE. C.xxii— xxvii. 817

Cap. xxii.

An Act for repealing " The Stafford Gas Act, 1846;" and for re-
constituting the Stafford Gas Company, with additional Powers;
and for other Purposes. [2d June 1854.]

[9 S^ 10 Vict. c. C3dv. repealed and Company dissohedy § 1. Com-
pany re-established^ 1 6. Capital to be ^26,666. 1 Zs. 4d., divided
into 4,000 Shares qfJtS. ISs. 4d. eachj § 16. Power to raise on
Mortgage not exceeding jt^,000., §26.]

Cap, xxiii. .

An Act to enable *The Burry Port Company" to raise addi-
tional Capital, and to make Arrangements for the Satisfaction
of the Mortgage and other Debts due from the Company ; and
to amend the Acts relating to the Company; and for other
Purposes. [2d June 1 854.]

\JPower to raise additional (Jopitaly by new Shares^ not exceeding
ji'20,000., § 2. And to arrange for IHscltarge of Mortgage Debt
and Interest^ §§4 and 5.]

Cap, xxiv.

An Act to enable the Whitehaven Junction Railway Company to
raise a further Sum of Money, and to amend the Acts relating
to the said Railway. [2d June 1854.]

[Power to increase Capital not exceeding ^12,000, by new Shares^
§ 2. And to borrow on Mortgage^ § 7.]

Cap. XXV.
An Act for improving and maintaining the Harbour or Port of

Port Gordon in the County of Banff, [2d June 1854.]

[Clauses of Harbours, Docksy a?id Piers Clauses Act^ 1847," as to

Life BoatSy 4^c., not to be in force untU required by Admiralty,

§ 2. Power to levy Bates, § 10. Power to lease Bates, § 14.

Saving Bights of the Crown, § 23. Not to affect Claims of the

Duke of Bichmond, Sfc, in respect to Sea Grounds, § 25.]

Cap. xxvi.
An Act for lighting with Gas Bacup, Watetfoot, Newchurch^
Bawtenstall, Crawshaw Booth, and other Places in the Forest
of Bossendale in Lancashire. [2d June 1854.]

[Incorporation of Company, § 5. Effects of Bacup Company vested
in new Company, § 7. Capital, ^40,000, to be divided into
Shares of JtlO each, § 14. For Protection of Messrs. White-
head, ( 26. Saving nights of HasUngden Waterworhs Com*
pany, § 32.]

Cap. xxvii.
An Act for supplying with Water the Town and Municipal
Borough of Clitheroe in the County of Lancaster.

[2d June 1854.]

[Capital ^10,000, § 7. Power to borrow on Mortgage, %U.

Provisions as to Supply of Water, Messrs, Gamett and ELorse-

faUs, §§ 34 to 38. CompenseUion, S^c, to Owners of Grindleton

Mm, §§ 39, 40, 41.]

17 k 18 Vict. 8 0-

818 C; xxviii— xxxiii. 17" & 18« VICTORL^. A.D.1854.

Cap, xxviii.

An Act for enabling the Mayor, Aldermen, and Citizens of the
City of Manchester to widen certain Streets in and otherwiae
improve the said Citj ; to raise a further Sum of Money; and
for other Purposes. [2d June 1854.]

[^Ground adjoinina Saini Peter^s Church may be sold to Corpo-
ration, § 22. Application of Purchase Moneff, § 23. Power to
borrow Money on the Credit of Gas Works, § 2S,'\

*Cap, xxix.
An Act to amend an Act intituled '^n Act fw incorporating the
Madras Railioay Company ^ and for other Purposes connected
therewith, [2d June 1854.]

Cap, XXX.
An Act for better supplying the Inhabitants of the Paridh of
Harrow in the County of Middlesex with Water.

[2d June 1854.]
[Incorporation of Company, § 6. Capital, j£ 6,000, § 15. Potcer
to borrow Money on Mortgage, §§20 and 21. Power to raise
additional Capital by new Shares, § 41.]

Cap. xxxi.

An Act for the Improvement of the City of Hereford, and for
other Purposes, and of which the Short Title is •* The Hertford
Improvement Act, 1854.*' [2d Jwiif 1854.]

[14 Geo, 3. c. xxxviii., 56 Geo, 3. c. xxiii., and 1 ^2llct. f.lxix*
repealed, § 6. Compensation to Bishop of Hereford under
\Sf2 Vict, c, Ixix. to continue, § 10. Saving present andfuturt
Bights under repealed Act, § 11. For Protection ofAetepori,
Abergavenny, and Hereford Bailway Company^ § 66, Bvriak
in certain Churches S^, discontinued, § 72. Compensation for
JL0OSS, S^, by Discontinnance of Burials, § 74. Fees to Incum-
bents and Parish Clerhs, §§ 97 and 98.]

Cap, xxxii.

An Act for building a Bridge over the River Tame, to oonnect
the Borough of Ashion^under-Lyne with the Township of
Dukinfield, [2d June 1854.]

[Capital, .^5,000., § 4. Power to borrow on Mortgage, § 7. Saving
Bights of Manchester, Sheffield, and Lincolnshire Bailway Com-
pany, § 32. Saving Bights of Earl of Stanford and Warrtngton
' and Lord of the Manor of Ashton-under-Lyne, §§ 35, %
and 37.]

Cap, xxxiii.

An Act for more effectually lighting with Gas the Town of Cardjf
and certain Parishes adjacent thereto in the County of Gb-
morgan, [2d June 1854]

[7 fftlL 4. c, xix. repealed, and Company re-incorporated, M 2
andS, Capital, Jt20,000, §13. AstoaddiiiOnalCtqnittl,^l^
to 22. Power to borrow on Bond, § 23. General Saving ef
Bights, § 47. Saving Bights cfthe Marquis ofBute^ § 4a]

A.D,1854, 17° & 18" VICTORUE. C. xxxiv— xxxix, 819

Cap. xxxiv.
An Act for making and maintaining Docks in the Borough and

County of Newcastle-upim'Tyne. [2d Jvne 1854.]

[^CapitaU ^'180,000, § 6. Power to borrow on Mortgage^ § 9.

Saving Rights of the Admiralty, Corporation of Newcastle, and

of the Crown, §§ 52, 53, and 54.]

Cap, XXXV.

An Act to enable the Major, Aldermen, and Burgesses of the
Borough of Weymouth and Melcomhe Regis in the County of
Dorset to provide Market Houses for the Sale of certain mar-
ketable Commodities, and to erect and maintain an improved
Pier or Landing Place within the Borough ; and for other
Purposes. [2d June 1854.]

[^Saving Rights of Corporation of Weymouth and of the Crovm^
^^6o and 66,']

Cap, xxxvi.

An Act to repeal the Act relating to the RidghUl and Lanes and
Holehotise Turnpike Road, and to make other Provisions in lieu
thereof. [2d June 1854.]

[7 Geo, 4. c. xxi. repealed and this Act put in force, § 1. Persons
having paid Toll to return Toll-free, § 12. Act to commence on
the Fourth Friday after passing, and to continue for Jhoenty-four
Years, § 25.']

Cap. XXX vii.

An Act to enable the Company of Proprietors of the Birmingham
Waterworks to raise further Money. [2d June 1854.]

[Power to raise additional Capital by new Shares^ § 2. Power to
borrow on Mortgage, § 19.]

Cap. xxxviii.
An Act for the Extension of the Manchester Corporation Water-
works^ and for other Purposes, and of which the Short Title is

* " The Manchester Corporation Waterworks Act, 1854."

[2d June 1854.]

\^The Actof\%5\ repealed, and this Act put in force, § 2. Power

to borrow additional Monies, ^200,000, § 1 1. Saving Rights of

Corporation to pay off Incumbrances, § 23. Saving Rights of

Corporation of Salford, § 30.]

Cap. xxxix.
An Act to enable the New River Company to construct certain
Sewers, Drains, and other Works in and near the Town of
Hertford; and for other Purposes. [2d June 1854.]

* \y HEREAS an Act was passed in the Fifteenth and Six-

* ^^ teenth Years of the Reign of Her present Majesty, inti-

* tuled An Act to enable the Governor and Company of the New 15 & 16 Vict*

* River to improve their Supply of Water, and for other Purposes: ^ ^^

* And whereas it is expedient that the said Company should be

* enabled to provide more effectually against the Deterioration of
' the Waters supplying the said New River, by the Construction

3 G 2 * of

820 C.XXX1X. 17** & 18° VICTORIA A.D.1854.

* of certain intercepting Sewers, Drains, and other Works in and

* near the Town of Hertford^ and that the Limits of the said Act
' should be more clearly defined: And whereas the following

* Acts have been passed, relating more or less directly to the said

* Company ; videlicet^ the several Acts of the Thirteenth Year of

* Elizabeth^ Chapter 18, of the Third Year of James the First,

* Chapter 18, of the Fourth Year of James the First, Chapter 12,

* of the Eleventh Year of George the Second, Chapter 14, of the

* Twelfth Year of George the Second, Chapter 32, of the Seventh

* Year of George the Third, Chapter 51, and of the Nineteenth

* Year of George the Third, Chapter 58, respectively, and the

* several Acts (Local or Local and Personal) of the Forty-fifth

* Year of George the Third, Chapter 69, of the Third Year of

* George the Fourth, Chapter 109, of the Thirteenth and Four-

* teenth Y6ar of Victoria, Chapter 109, and the Sixteenth and

* Seventeenth Year of Victoria, Chapter 166, respectively : And

* whereas the said Company are willing to execute the said Works,

* but the same cannot be effected without the Authority of Parlia-
' ment :' ISfay it therefore please Your Majesty that it may he
enacted ; and be it enacted by the Queen's most Excellent Majestj,
by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the Authority of the same, as follows ; (that is to say,)

Short Title. ^ That in citing this Act for any Purpose, it shall be suffi-

cient to use the Expression " The New River Company's {Hertford
Sewerage Diversion) Act, 1854."
8&9Victc.l8. n. That "The Lands Clauses Consolidation Act, 1845," shall,
iooorpontted. for the Purposes of this Act, be incorporated with this Act.
10 & 11 Vict HL That the Second and Third Sections of " The Watenvorb
c 17. incorpo- Clauses Act, 1847," and also the Provisions and Clauses of tbat
rated. Act with respect to the " Construction of the Waterworks," with

respect to the " Construction of Works for the Accommodation of
Lands adjoining the Waterworks," with respect to the " breaking-
up Streets for the Purpose of laying Pipes," with respect to the
Provision for '* guarding against fouling the Water of the Under-
takers," and with respect to the " Recovery of Damages not
specially provided for, and of Penalties, and to the Determination
of any other Matter referred to Justices," and with respect to
Access to the Special Act, shall be incorporated with this Act,
and shall extend only to the several Works by tliis Act autho-
rized to be made ; and in construing those Sections of that Act
in connexion with this Act, the Words " Waterworks " shall be
deemed to include Sewers and Drains.
Power to make IV. * Whereas a Plan and Section showing the Line and Levels
Works afioord- * of the Works herein-after particularly described, and a Book of
mg to deposited < Reference containing the Names of the Owners, Lessees, and

* Occupiers, or reputed Owners, Lessees, and Occupiers of the

* Lands and Streams in or through which the said Works are

* intended to be made or pass, have been deposited with the

* Clerk of the Peace for the County of Hertford:' Be it enacted,
That, subject to the Provisions of this Act, the Company maj
from Time to Time make and maintain the several Works bj
this Act authorized, and herein-after particularly described, in

he Line and in and through the Lands delineated in the Plan of

such

Flan.

A.D.1854. 17^&18^ VICTORI.E. C.xxxix. 821

such Works, and described in the Book of Reference relating *

thereto, and may enter upon, take, and use such of the Lands
described or mentioned in the Plan of such Works, and in the
said Book of Reference relating thereto, as shall be necessary for
the Purposes thereof.

V. That the Works by this Act authorized shall comprise the Works aotho-
foUowin*? : riied as herein

First, a Sewer or Drain commencin|T in the Parish of Bengeo
in the County of Hertford^ at the Western End of the
public Highway called Port Vale, and terminating in the
Parish of Saint Andrew^ Hertford^ in the said County, at
or near the East End of a Bridge over the River Beane
CdWed Coto Bridge :

Second, a Sewer or Drain commencing in the Parish of Saint
AndreWy Hertford, in the public Highway called the North
Boad, near to Sel^s Mill, and terminating in the said Parish
by a Junction with the Sewer or Drain firstly herein-before
described at the East End of Cow Bridge aforesaid :

Third, a Sewer or Drain commencing in the same Parish, in
the public Highway called the Hertingfordbury Boad, at or
near the Cottager^s Allotment Gardens there, and termi-
nating in the same Parish by a Junction with the said
firstly and secondly described Sewers or Drains at the East
End of Cow Bridge aforesaid :

JFourth, a Sewer or Drain commencing in the same Parish by
a Junction with the first, second, and third herein-before
described Sewers or Drains at their Point of Junction at
the East End of Cow Bridge aforesaid, and terminating in
the Parish of Saint John, Hertfordj by a Junction with the
intended Sewer or Drain eighthly herein-after described, in
the Road leading to the King^s Meads, at or near the Hert-
ford Station of the Eastern Counties Railway Company :

Fifth, a Pipe Track, Sewer, or Drain commencing in the said
Parish of Saint Andrew, Hertford, at the South End of the
public Highway called Hartham Lane, and terminating in
the Parish of Saint John, Hertford, by a Janctioh with the
fourthly herein-before described Sewer or Drain in certain
Lands called Hartham Mead :

Sixth, a Sewer or Drain in the said Parish of Saint John,
Hertford, commencing on the Western Side of the Lee Na-
vigation, at or near to Bults Plain Bridge, and terminating
in the same Parish by a Junction with the Drain or Sewer
fourthly herein-before described, near the Bridge across the
Dicker Mill Head Stream :

Seventh, a River Channel, and other Works connected there-
with, on the River Beane, commencing in the said Parish of
Saint Andrew, Hertford, at or near the Point of Junction of
the said River Beane with the Back Stream from the Waste
Gates of Sele's 3Jill, and terminating in the said Parish of
Saint Andrew, Hertford, by a Junction with the River Beane
at or near and on the South Side of Cow Bridge aforesaid,
and to divert the Waters of the said River Beane and Stream
into the said Channel :

3 O 3 Eighth,

Djuned.

Cxxxix. 17° & 18*^ VICTORLae. A.D.1854.

Eighth, a Sewer or Drain commencing in the Parish of
Brtckendon^ otherwise Liberty of Brickendon, in the Parish
of AU SaintSy Hertford, in the County of Hertford^ on the
East Side of the River Lee, at or near a Garden now occupied
by Josh. Sterry^ and terminating in the said Parish of Saini
Johny Hertford^ in the Road leading to King^s Meads by a
Junction with the Sewer or Drain fourthly herein-before
described, at its Terminus at or near the Hertford Station of
the Eastern Counties Railway Company :
Ninth, a Sewer or Drain commencing in the Parish of Saint
John, Hertford, aforesaid, in the said Road leading to the
said Kin^s Meads at a Point where the said Sewers or Drains
fourthly and eighthly herein-before described terminate and
unite, and terminating in the Parish of Chreat AmweU in the
County of Hertford, in Amttell Marsh, by a Junction with
the River Lee Navigation at or near the lower Side of ^mirf/i
Marsh Lock ; which said intended Sewer or Drain will pass
from, through, or into the several Parishes, Townships, and
Extra-parochial and other Places of StUnt John Hertford^
Ware, Great Amwell, and Little AmweU, or some of them, all
in the County of Hertford.
p VL That in constructing any Sewer or other Work, under the

preveoTLi- Powers of this Act, in, across, or under the River Beam, the Com-
pediments in pany shall SO construct the same as not to lessen the present sec-
BiyerBeane. tional Area of the said River; and no Part of the Top of any
Sewer or Pipe which shall be laid in the Bed of the said BiTer
shall be higher than One hundred Feet Six Inches above the
datum Line of the Sections deposited and referred to in this Act.
P to ake ^^^' Provided always, That the Company, if they think fit, may
anO^fiUl to the ™*k® ^^^ ninthly-described Sewer or Drain to terminate by an
ninthly-de- Outfall into such Part of the Mantfold Ditch lying below the
scribed Sewer Tumbling Bay, now fixed and standing across that Ditch, as is
into Manifold within the Limits of Deviation mairked on the Flans deposited
Ditch, &c. f^j, ^^^ Purposes of this Act, and may forbear to make such Part

of that Sewer or Drain as would be between that Outfall into
Manifold Ditch and the proposed Junction of that Sewer or Drain
with the River Lee Navigation at or near the lower Side oi
Amwell Marsh Lock.
Company not to VUI. Provided always. That the Company shall not at any
discharge Sew- Time discharge or permit any Sewage or Sewage Water to flow
age Water into from any of the Sewers or Drains by this Act authorized, im-
the Birer Lee mediately or mediately, into any Part of the River Lee or of the
nntil purified, rj^^^ j^^ Navigation, until after it has been subjected to the
Process of Purification known as Hig^s Patent Process, intituled
in the Letters Patent thereof " The Means of collecting the Con-
tents of Sewers and Drains in Cities, Towns, and Villages, and
for applying the same to agricultural and other useful Purposes,
or some olJber Process which from Time to Time may be in use
as the best then known practicable Process for the Purification
thereof.
Board of Trade ^^ '^^^ ^^ ^^V Question shall arise between the Company and
to decide as to any of the Parties interested in the Waters of tlie same River or
Proceeding of Navigation as to the bond fide Compliance with this Provision
^^cation. tlie Parties in difference or either of them mav refer the Question

to

A.D.1854.

17«& 18» VICTORIiE.

C.xxxix.

823

to the Board of Trade, and that Board may make such Inquiries
thereon as it thinks fit, and may declare what in its Opinion is the
best then known practicable Process for such Purification ; and
every such Declaration, until it be superseded by a subsequent De-
claration of the Board in the Premises, shall, for the Purposes of
this Act^ be conclusive as to what is the best then known prac-
ticable Process for such Purification ; and the Expenses from
Time to Time incurred by the Bpard in the Premises shall be
ascertained by the Board, and shall be paid by the Parties in
difference, or One of them, as the Board directs.
. X. That it shall be lawful for the Company to make and main-
tain all. necessary Tunnels, Pipe Tracks, Sluices, Embankments,
Aqueducts, Cliannels of Communication, Filtering Beds, Tanks,
Culverts^. Engines, Drains, Flood Gates, and other Conveniences
, for the effectual Construction, Use, and Maintenance of the
Works by this Act authorized, and to remove any of their existing
Works which mav interfere therewith.

XL That, subject to the Provisions of the several Acts incor-
porated herewith, it shall be lawful for the Company to cross,
divert, break up, or alter all such Turnpike and other Roads, High-
ways, Footways, Tunnels, Bridges, Streets, Tramroads, Rivers,
Navigations, Streams, Brooks, Watercourses, Drains, Pipes, and
Sjewers within the Parishes or Places from, in, through, or into
which any of the Works will pass or be made as may be necessary
for effecting the Objects and Purposes of the intended Works by
this Act authorized.

XII. That the Clauses of " The Railways Clauses Consolidation
Act, 1845," numbered 53, 54, 55, 56, and 57, relating to the Sub-
stitution o£ other Roads for Roads interfered with, and to the
Restoration of Beads interfered with, shall be incorporated with
this Act ; and in construing those Clauses in connexion with this
Act, the expression " the Company" shall mean the Governor and
Company of the New River brought from Ckadwell and Amwell to
London, and the Expression ** the Railway" shall mean the Works
by this Act authorized to be constructed.

XIII. That in constructing the Works aforesaid, where the
same shall pass the Stream now flowing between the Fields num-
bered 29 and 30 on the said deposited Plans, in Great Amwell
aforesaid, the baid Stream shall not be in any Manner diverted,
but shall be carried under or over the same Works.

XIV. That such Part of the said Sewer herein-before ninthly
described as shall pass through or into the District of the Ware
Local Board of Health, or any Part thereof, under the Provisions
of this Act, shall be covered and not open, and shall, if made, at
all Times be maintained and kept in good Repair, Order, and
Condition by the Company ; and the said Local Board shall have
Power to make such Communication therewith as they may think
fit for the Purposes of Sewerage.

XV. That it shall be lawful for the Company, for the Purpose
of constructing the Works herein-before mentioned within the
Parishes and Places of ^en^eo, Saint Andrew Hertford, Saint John
Hertford, All Saints Hertford, and Brickendon, in the Town and
County of Hertford, to raise, sink, or otherwise alter the Position
of any of the Watercourses, Water Pipes, or Gas Pipes, belonging

3G 4 to

Compnny to
make Embank-
ments, &C., for
Constmction
and Mainte-
nance of Works.

Company may
cross and divert
Roads, &c.

Provisions of
8&9Victc.20.
as to Inter-
ference with
Roads incorpo*
rated with this
Act

Stream at Am-
well to be con-
veyed over cer-
tain Works.

Sewer in Ware
District to be
covered and
kept in repair
by Company.

As to Alteration
of Gas ^nd
Water Pipes.

824

Cxxxix.

17" & 18" VICTORIiE.

A-D,1854.

Company not to
distarb Pipes
until they have
laid down
othen.

Not to lay Pipes
contrary to any
Act

Company to
make fiill Com-
pensation for all
Loss or Damage
done.

Lands of East-
ern Counties
Company not
to be taken
without Con-
sent

to any of tho Houses adjoining or near to the Works, and within
the Parishes and Places aforesaid, and also the Mains or Pipes
laid down by any Corporation, Company, Society, or Persons who
may furnish the Inhabitants of such Houses or Places with Water
or Gas, and also to remove all other Obstructions to such Con-
struction, so as the same be respectively dcHie with as little De-
triment and Inconvenience to such Corporation, Company, Society,
Persons, or Inhabitants as the Circumstances will admit, and be
done under the Superintendence and to the reasonable Satisfaction
of the Parties to which such Water Pipes or Gas Pipes belong,
and of the several Commissioners or Trustees or Persons hating
Control of the Pavements, Sewers, Roads, Highways, Streets,
Lanes, and other public Passages and Places within the Parisii,
District, or Place where such Mains, Pipes, or Obstructions shall
be situate, or of their Surveyor, if they or he shall think fit to
attend after receiving not less than Foity-eight Hours Notice for
that Purpose.

XVL Provided always, That it shall not be lawful for the Com-
pany to remove or displace any of the Mains or Pipes (other than
private Service Pipes), Syphons, Plugs, or other Works belonging
to such Corporation, Company, Society, or Persons, or to do any-
thing to impede the Passage of Water or Gas into or through
such Mains or Pipes, until good and sufficient Mains or Pipes,
Syphons, Plugs, and all other Works necessary or proper for
continuing the Supply of Water or Gas as sufficiently as the suae
was supplied by the Mains or Pipes proposed to be removed or
displaced, shall at the Expense of the Company have been first
made and laid down in lieu thereof, and be ready for Use in &
Position as little varying from that of the Pipes or Mains proposed
to be removed or displaced as may be consistent with the Con-
struction of the said Works, and to the Satisfaction of the Sur-
veyor and Engineer of such Corporation, Water or Gas Company
or Society, or, in case of Disagreement between such Surveyor or
Engineer and the Company, as a Justice shall direct.

XVIL That it shall not be lawful for the Company to lay down
any such Pipes contrary to the Regulations of any Act of Parlia-
ment relating to such Corporation, Water or Gas Company or
Society.

XVin. That the Company shall make good all Damage done
to the Property of the Corporation, or Water or Gas Company
or Society, by the Disturbance thereof, and shall make full Com-
pensation to all Parties for any Loss or Damage which they may
sustain by reason of any Interference with the Mains, Pipe^ or
Works of such Corporation, Water or Gas Company or Society,
or with the private Service Pipes of any Person supplied by them
with Water or Gas.

XIX. * And whereas Part of the Works by this Act authoriad
< as shown on the Plans so deposited as aforesaid may be con-

* structed within the Line of the Fences of the Eastern Counttef

* Railway:' Therefore, notwithstanding this Act or anything
therein contained, the Company shall not enter upon, take, or use
any Lands of the Eastern Counties Railway Company within the
general Line of the Fences which guard that Railway withoat

their

A.D.1854.

17*»&18*» VICTORIJEJ

C.xxxix,

825

their previous Consent in Writing under the Hand of their
Secretary.

XX. That the Eastern Counties Railway Company may make,
and the Company may accept, a Grant in perpetuity, at an annual
Rent, of a Right of making, maintaining, and using, according to
the deposited Plans, the Works by this Act authorized to be made
in the Lands of the Eastern Counties Railway Company, whether
witliin or outside of such Fences, and any Agreement for such a
Grant made between those Companies before or after the passing
of this Act shall be binding on them respectively.

XXI. That the Rent reserved by any such Grant may be sued
for and recovered by the Eastern Counties Railway Company in
any Court of competent Jurisdiction.

XXIL Provided always, That, notwithstanding anything in
this Act or in any such Grant contained, the Eastern Counties
Railway Company shall have the entire Control of the Surface of
the Land comprised in any such Grant, subject to the Right
granted, and may use the same for any Widening or Enlargement
of their Railway or Works : Provided nevertheless, that they shall
not, after the Execution of any such Grant, do anything which
would deprive the Company of the Right of User granted to them,
or which would prevent their having Access to any Work's made
in pursuance of this Act in Lands of the Eastern Counties Railway
Company, for repairing or maintaining such Works.

XXIU. That the Company shall not make any Work or do
any Act by which the Traffic on the Eastern Counties Railway
may be obstructed or impeded, and if the Company make any
Work or do any Act having such Effect they shall for every such
Ofience pay to the Eastern Counties Railway Company Fifty
Pounds, and also after Notice in Writing from the Superintendent,
Servants, or Secretary of the same Company to remove such Ob-
struction, a further Sum of Fifty Pounds for every Hour during
which such Obstruction continues, or during which such Traffic
is impeded, and every such Penalty shall be recoverable, with
Costs, in any Court of competent Jurisdiction.

XXIV. That this Act or anything therein contained shall not
authorize any Disturbance of or Alteration in the Position or Level
of the Rails on the Eastern Counties Railway, or any Part thereof,
without the previous Consent in Writing of the Eastern Counties
Railway Company under the Hand of their Secretary; and all
Works made under this Act, so far as they may interfere with or
affect the Eastern Counties Railway, or any of the Works or Pro-
perty of the Eastern Counties Railway Company, shall be done,
and any Pipes laid or Channels made under that Railway, or
under any of the Lands of that Company, shall be laid or made
under the Direction and to the reasonable Satisfaction of their
Engineer, and according to Plans and Specifications approved by
him previously to the Conunencement of any such Works ; and
before entering upon any Land of that Company for the Purpose
of executing any Work ; under this Act, the Company or their
Engineer shall give not less than Twenty-one clear Days Notice
in Writing to the Secretary of that Railway Company of their
Intention to commence such Work, and of the Mode in which the
same is proposed to be done; and if any Dispute arise between

the

Powers of East-
ern Counties
Railway Com-
pany.

Recovery of
Rent in arrear.

Control of the
Surface to re-
main in the .
Eastern Coun-
ties Railway
Company.

Traffic on the
Eastern Conn-
ties Railway
not to be ob-
structed.

For the Protec-
tion of the
Eastern Coun-
ties Railway.

826

C.xxxix.

17 '^ & 18*^ VICTOEIiE.

A,D,1854.

PhmdoDs as to
Bepainof
Works of East-
em CfOnnties
Bulway Com-
pany.

Eastern Coun-
ties Baihray
Company not
to be liable
for Damages.

Saying Bights
of Eastern
Counties Rail-
way Company.

Sewers to be
used for the
Drainage of
Hertford.

the Engineer of the Company and the Engineer of the Etatem
Counties Railway Company, as to the Manner of executing aay
Work affecting the Eoftem Counties Railway, or the Lands of the
Eastern Counties Railway Company, every such Dispute bhall be
determined by Arbitration in the Manner prescribed by the '^ Com-
panies Clauses Consolidation Act, 1846,'' for the Settlement of
Disputes by Arbitration.

XXV. That the Company shall not acquire any Right or
Property in the Railway or in any of the Lands of tiie Eattern
Counties Railway Company within the general Line of the Fences
which guard that Railway, other than the Right, subject to the
Provisions of this Aot, of executing the severid Works necessary
and proper for constructing and naiaintaining the Works by this
Act authorized in the I^ands of that Railway Company, and for
repairing the same Works, and all such Repairs shall fiom Time
to Time be done under the Superintendence and to the reasonabk
Satisfaction of the Engineer of that Railway Company, and the
Company shall, on Demand, pay to that Railway Company ail
Expenses occasioned to or incurred by them, in case from the
Necessity of the same they shall themselves make any such Repair
for or by reason of the Maintenance or Repair on such Lands of
such Works respectively, and the Eastern Counties Railway Com-
pany may sue for and recover the Amount of such Expcniaes in
any Court of competent Jurisdiction ; and if any Dispute arise
between the Two Companies as to the Mode of making, repairiiig,
or maintaining any such Work, every such Dispute shall be deter-
mined by Arbitration, in the Manner prescribed by the "Con-
panies Clauses Consolidation Act, 1845," for the Settlement of
Disputes by Arbitration.

XXVI. That the Eastern Counties Railway Company sh^l no^
by reason of any such Lease or otherwise howsoever, be liable for
any Damage occasioned to any Lands or to any Person by or in
consequence of the Construction, Imperfection, or Failure of^ or
otherwise with respect to any of the Works by tliis Act authorized,
but the Company shall be exclusively liable for all such Damage.

XXVn. Provided always. That, except only as is by this Act
expressly provided with reference to the Works under this Act
authorized to be made, this Act or anything therein contained
shall not take away, lessen, alter, or in any way prejudiciallj
affect any of the Rights, Powers, Authorities, or Privileges of
the Eastern Counties Railway Company.

XXVin. That from and after the making and Completion of
the several new Sewers and Drains herein-before described in the
said Parishes or Places of Bengeoy Saint Andrew Hertford^ Sav^
John Hertford, AH Saints Hertford, and Brickendon, in the Town
and County of Hertford, it shall be lawful for all Persons resideat
in the said several Parishes and Places to drain their Houses and
Premises, and for all Surveyors and others having the Superia-
tendence of the public Streets, Courts, Lanes, and Highways in
the said several Parishes and Places, to drain the same by means
of the Sewers and Drains by this Act authorized to be made, and
from Time to Time to make such Openings and Communications
into the said intended Sewers or Drains as shall be necessary for
that Purpose ; and such Openings and CoBOtmunications may be

made

A.D.1854. 17^ & 18*> VICTOKI-ZE. C.xxxix. 827

made after Twenty-four Hours Notice to the Company, and shall
be made under the Superintendence and to the Satisfaction of the
Engineer or Agent of the Company.

XXIX. That from and after the making and Completion of the Company may
several new Sewers and Drains herein-before described in the intercept
several Parishes and Places in the Town and County ofHert/ordy Sewerage

it shall be lawful for the Company to enter upon any House, ^^^^-^^^
Buildings, and Premises to collect and intercept all Sewage Water JJom Town^
from all Sewers or Drains leading from Houses, Streets, or other Hertford.
Premises in the said several Parishes or Places of Bengeo^ Saint
Andrew Hertfordy Saint John Hertford^ All Saints Hertford, and
Brickendon, or any of them, and which now discharge into the
River Lee or other Streams leading into the same, and to divert
the said Sewage Water into the Sewers and Drains by this Act
authorized to be made in the said several Parishes and Places, by
means of proper and sufficient Culverts or Drains to be made by
and at the Expense of the Company from the said existing Sewers
of the said Houses, Streets, or other Premises, and the same shall
be done by the Companv accordingly, and such connecting Culverts
or Drains shall thereaiter be maintained by the Owners or Occu-
piers of the said Houses and other Premises, and the Surveyors in
cade of Streets.

XXX. That if any Person, after the Completion (so far as Penalty for
regards the Part passing by and furnishing an Outfall to his draining into
House, Buildings, or Premises) of the Sewers and Drains by this ^^®' *
Act authorized to be made in the said several Parishes and Places

of Bengeo, Saint Andrew Hertford, Saint John Hertford, All
Saints Hertford, and Brickendon, in the Town and County of
Hertford, shall make or carry any new Sewer or Drain from his
House, Buildings, or Premises into or shall continue to use any
Sewer or Drain now discharging its Waters into the said River
Lee^ from any Lands or Houses situate in the said Parishes or
Places in the Town and County of Hertford, (after such last-
mentioned Sewer or Drain shall have been rendered unnecessary
by. a proper and sufficient Sewer or Drain having been made by
the Company in lieu thereof as aforesaid,) he shall for every such
Offence forfeit and pay any Sum not exceeding Five Pounds, and
the Company may remove, stop up, and abate any such Sewer or
Drain as a Nuisance ; and the Expense of such Removal, Stop-
ping up, and Abatement, shall be paid by the Party causing such
Nuisance, and may be recovered in the same Manner as Damages
not specially provided for are by this Act and the Acts incorpo-
rated herewith directed to be recovered.

XXXI. That this Act o^ anything therein contained shall not SaTing Kights
extend or be construed to extend to prejudice, diminish, or affect of Corporation
any of the Rights, Powers, or Authorities vested in the Mayor, of Hertford.
Aldermen, and Burgesses of the Borough of Hertford, but all the

Rights, Powers, and Authorities vested in them shall be as good,
valid, and effectual as if this Act had not been passed.

XXXn. That the Powers by this Act conferred on the Com- Powers for
pany for the compulsory Purchase of Lands for the Purposes of $?°PJ^'*^^
this Act shaU not be exercised after the Expiration of Two ^^g'^H^^j
Tears from the passing of this Act.

XXXm. That

828

C.zxxix.

17° & 18° VICTORIA

A.D.1854.

Period within
which Works
are to bo com*
pleted.

Owners may
grant Leases.

Defining Limits
of recit^ Act

Power to bor-
row further
Bond.

Extending cer-
tain Provisions
of first recited
Act to this Act.

XXXIIL That the Works hereby authorized maybe completed
on or before the Thirtieth Day of June One thousand eight hundred
and iifty-seven, and on the Expiration of that Period the Power?
by this Act granted to the Company for executing the Works or
otherwise in relation thereto shall cease to be exercised, except a
to so much of the Works as are then completed, and the necessary
Repair and Maintenance of such Works.

XXXrV. That all Persons by this Act empowered to conrey
Lands to the Company shall have full Power for the Purposes d
this Act to grant to the Company any Lands and Streams, or tbe
Right of User thereof, and to grant to the Company any Easement,
Power, or Authority in or over such Lands or Streams in perpe-
tuity in consideration of an annual Rent : Provided always, thit
in all such Grants, when made by any Corporation or by any In-
dividual entitled to any Estate or Interest other than a Fee Simple
for his own Benefit, there be reserved the best Rent or Remune-
ration that can reasonably be gotten for the Premises thereby
granted, such Rent or Remuneration not being less than such as
shall be determined according to the Provisions with respect to the
Purchase of Lands by Agreement of " The Lands Clauses Con-
solidation Act, 1845," by Two able practical Surveyors or their
Umpire : Provided also, that it shall be lawful for the Company
to purchase at any subsequent Period the Release or Discharge of
such Rent or Remuneration, Covenants and Stipulations, reserved
by and contained in any such Grant

XXXV. * And whereas the Company claim to have the Power

* by Charter, and under the Provisions of the said first-recited Act,

* to supply with Water (amongst other Parishes and Place) tiie

* Parishes and Places of Saint John without the Boroush of Hfrt-

* fordy WavBy Great AmtoeU, Little Amwelly Saint Margartis,

* Hoddesdon^ Wormletfy Broxhoume^ Che^unt, Enfield^ Edmonio*^
' and Tottenfiamy in the Counties o£ Hertford and Middlesex; but
' such Right has been questioned, and it is expedient that the

* lamits of the Liability of the Company to supply Water, nnd the
^ Rights of the Public to demand the same, should be defined:' Be
it therefore enacted, That for the Purposes of the said firstly-recited
Act the Limits for the Supply of Water by the Company shiD
include and be deemed to include the Parishes and Places before
named in this Section, and that Act shall be read and construed
as if those Parishes and Places had been therein expressed U> be
included.

XXXVL That, in addition to tlie several Sums of Monej
authorized to be raised by the said first-recited Act, it shall be
lawful for the Company to borrow on Bond such further Sums ot
Money as shall from Time to Time, •by any Order of a Gcnenl
Court of the Company, be authorized to be borrowed, not exceed*
ing in the whole the Sum of One hundred thousand Pounds, w<l
to secure the Repayment thereof, with Interest, by Bonds as herein-
after provided.

XXXVIL That the whole of the several Sections and ProvisioD^
of the said first-recited Act numbered respectively in the Copif?
thereof printed by the Printers to the Queen's most Excellent*'
jesty 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, such Section
and Provisions respectively relating " to the reborrowing of Mod<5

^1

A.D.1854. 17** & 18*^ VICTORUE. C.xxxix. 829

bj the Companj,** '^ to the stamping of Bonds for securing Money,"
"to the Rights of Obligees in such Bonds/' "to the Register of
such Bonds," " to the Transfers of such Bonds," " to the Register
of the Transfer of such Bonds," " to the Payment of Interest on
Money borrowed on such Bonds," " to the Transfer of any Interest
on such Bonds," "to the fixing of Periods for the Repayment of
Money borrowed where no Period is fixed," and "to the Cessation
of Interest after Notice to pay off such Bonds," and also the Sche-
dales A. and B. annexed thereto, shall extend and apply to the
several Objects and Purposes of this Act.

XXXVIII. That all Monies raised on Bond under the Powers Application of
of this Act shall be applicable only to the Purposes of the Under- Monies niied
taking and Works of the Company. l>y Bond.

XXXIX. That it shall be lawful for any Constable or any Powertoappre-
Officer or Agent of the Company, and all Persons called by him hend Fenons
to his Assistance, to seize and detain any Person who shall have committing
committed any of the Offences enumerated in the Sixty-first Sec- Offences named
tion of " The Waterworks Clauses Act, 1847," and whose Name or jo^i yict
Residence shall be unknown to such Constable, Officer, or Agent, ^ |^^

and to convey him with all convenient Dispatch before some Jus-
tice, without any Warrant or other Authority than tliis Act, and
such Justice shall proceed with all convenient Dispatch to the
hearing and determining of the Complaint against such Offender.

XL. Provided always. That this Act or anything herein con- Saving Rights
tained shall not take away, lessen, alter, abridge, or prejudice any of the. Ware
of the Rights, Powers, Authorities, or Pi ivileges of the Ware ]^)cal Board of
Local Board of Health, under "The Public Health Act, 1848," ^"^^
or any Act incorporated therewith.

XLL That this Act or anything herein contained shall not take Saying Rights
away, alter, abridge, lessen, or prejudicially affect any Property, of the Trustees
Right, Remedy, Protection, Power, Authority, Privilege, Toll, ?^*^®^^*'
Duty, Exemption, or Benefit vested in or now e]\joyed or exercised
by the Trustees of the River Lee; but all such Property, Rights,
Remedies, Protection, Powers, Authorities, Privileges, Tolls,
Duties, Exemptions, or Benefit (except so far as the same are
specially altered by this Act) shall be and remain in full Force
and Effect, and shall be available for the Benefit of the said Trus-
tees, in the same Manner to all Litents and Purposes as if this Act
had not passed.

XLn. That nothing in this Act contained shall extend or be Saving Rights
construed to extend to prejudice or afifect any Right, Title, or of Board of
Interest belonging to the Principal Officers of Her Majepty's Ordnance.
Ordnance.

XLIIL That nothing herein contained shall be construed to Company not
exempt the Company from the Provisions of the ''Metropolis exempt from
Water Act, 1852.^^ l5&i6Vict.

XLIV. That aU the Costs, Charges, and Expenses of and inci- ^ ' .
dent to the obtaining and passing of this Act shall be paid by the Act^*^
Company.

XLY. That in the Construction of this Act, and of the Acts «• The Corn-
incorporated herewith, the Expression ''the Company" shall mean pany.** .
the Governor and Company of the New River brought from Chad-
fM0 and Amweil to London.

Cap.

830 Cxi— xlvii. 17^ & IS"* VICTORIiE. A.D.1854.

Cap, xL
An Act for the Improvement of the Town of fFelUngton in the

County of Salop. [2d June 1854.]

[^Act to commence 1st Jidy 1854, § 2. Saving Rights as to Markets

and Fairs, § 47. Power to borrow Money on Mortgage of Rates,

§§ 74 anrf 75.]

Cap> xli.

An Act for paving, lighting, watching, draining, cleansing, regu-
lating, and otherwise improving the Town of fVest Hartlepoal
and Part of the Township of Stranton in the County of Durham;
for providing a Cemetery ; and for other Purposes.

[2d June 1854.]

[^Power to construct Cemetery^ § 53. Reserving Rights of Incum-
bents and Parish Clerks, S 63. Power to borrow on Mortgage^
§ 69. General Saving of Rights, § 87.]

Cap, xlii.
An Act to enable the Brighton and Hove General Gas Compan/
to raise a further Sum of Money ; and for other Purposes.

[2d June 1854.]

[^Saving Rights of Mortgagees, § 9.]

Cap, zliii.
An Act for granting certain Powers to '^The ^aHonalAmnooe
and Investment Association." [2d •/iniel854.]

Cap, xliv.
An Act to amend the Act incorporating the Great Indian Pern-
stda Railway Company, and for other Purposes conoected
therewith. [2d June 1854.]

Cap. xlv.

An Act for making new Docks and other Works at Bdfast, and

for other Purposes, and of which the Short Title is " The Belfast

Dock Act^ 1854." [2d June 1854.]

[ Saving Rights of the Admiral^ § 1 9. Power to borrow on Bonds

or jCinuities, f 23. Saving Rights of the drown^ the Marquis df

Donegal, Lord Templemore, the Corporation of Belfast, Bdfatt

' Water Commissioners, County Down Railway Company, and cf

the Commissioners, §§ 25, 26» 27, 28, 29, 30, 31, and 32.]

Cap, xlvi.

An Act for more effectually protecting certain Lands forming Part
of the Rossall Estate in the Township of Thornton in the Parish
of Poulton U Fylde in the County of Lancaster from Inundatioo
by the Sea. [2d June 1854.]

[^Power to borrow on Mortgage of Rates not exceeding Jtl,QOO at
one Time § 27. Saving Rights of Duchy of Lancaster, § 50.]

Cap. xlvii.
An Act to renew the Term and continue certain of the Fow^ w
an Act passed in the Seventh Year of the Bdgn of HisM^es^

A*D.1854. 17° & 18" VICTORIJE. C.xlvH— Hi. 831

EZing George the Fourth, intituled An Act for making and
maintaining a Turnpike Road from South Shields to White Mere
Pool, and from thence to join the Durham and Newcastle Turn-
pike Road at Vigo Lane, with a Branch from Jarrow Slake to
East Boldon, all in the County o/* Durham. [2d June 1864.]
[7 Geo, 4. c. xvii. repealed^ and this Act to be put in force^ § 1.
ToUs to be paid but once a Day^ unless for passing a Seventh Time^
§ 14. Exemption from Toll for Milk or Fish, 5 18. Acttocom*
mence on Day of passing^ and continue for Twenty-one Years,
§30.]

Cap. xlviii.

An Act to renew the Term and continue the Powers of an Act
passed in the Ninth Year of the Reign of His Majestj King
George the Fourth, intituled An Act for more effectually repair*
ing and improving the Roads from Kippings Cross to Wilslej
Green, and from a Place near Goudhurst Grore to Stilebridge,
and from Underden Green to Wanshutts Green, all in the County
of Kent. [2d June 1854. J

[9 Geo, 4. c. xvi. repealed, and this Act to be put in force, § 1. Tolls
to be paid but once a-day, except between October 10 and AprU 1,
when a Second Toll to be paid when Horses, S^. pass a Third Time,
§ 10. Double Tolls to be taken between October 10 and AprU 1,
for certain Carriages, § 16. Act to commence on Day of passing,
and continue for Twenty-one Fears, § 27.]

Cap* xlix.

An Act for more effectually paying, lighting, and improving the
Town of Abergavenny in the County of Monmouth, for main-
taining the Markets within such Town, and for supplying the
6ame with Water. [2d June 1854.]

[Act to commence on the Third Monday af^ passing, § 2. Power
to borrow Money on Mortgage, § 44. "]

Cap. 1.

An Act to create a further Term in the Buckingham and Tow-
eester Road, and to amend and extend the Act relating thereto ;
and for other Purposes. [2d June 1854.]

[^ Geo. 4. c. cxli. repealed, and this Act to be put in force, § 1.
ThUs to be paid once a Day, ^ IS. Number of ToUs on the whole
Line of Road limited, § 19. No ToUs to be taken or laid out in
Towns, § 31. Act to commence on First of November, and con-
tinue for Twenty-one Years, § 33.]

Cap. li.
An Act for better supplying with Water the Parish and Environs
of Lou^ in the County of Lincoln. [2d June 1854.]

[Incorporation of Company, S 3. Capital .£12,000, § 5. Power to
' borrow on Mortgage, § 13.J

Cap. lii.

An Act for making a Street from BothweU Street to Saint Vincent

. Street in the City of Glasgow. [2d June 1854.]

[Incorporation of Company, § 4, Capital jf 10,000, § 5.]

882 Cliu— Iviii. W & 18<> VICTORLaS. A.D.1854.

Cap. liii.

An Act for enabling the South Staffordshire Railway Compftnjto
make Branch Railways to Cannock and Norton, to acquire addi-
tional Lands in the Parish of fVednesbury^ and for other Pur-
poses. [2d June 1854.]

{^Dividends suspended if Railway not opened in a certain Period,
S 1 2. Provisions cu to Obstructions^ Sfc. of the Birmingham Candy
§§ 14 to 24. Provisions as to Junction^ ^. of the HatherUm
Branch Canal, §§ 26 to 28.]

Cap. liy.

An Act to incorporate the Guild of Literature and Art, and to
enable it to hold Land. [2d June 1864.]

Cap. Iv.

An Act to consolidate and amend the Acts relating to the Imperial
Gaslight and Coke Company, and to increase the Capital of the
Company. [2d June 1854.)

[1 4" 2 Geo, 4. c. cxvii., 4 Geo. 4. c. xcv., and 10 (xto. 4. c. xiL re-
pealed, § 1. Re-incorporation of Company, § 3. Capital,
.£"1,300,000, § 20. Power to borrow on Mortgage, \ 29. Gtwral
Saving of Rights, § 53.]

Cap. Ivi.

An Act for improving the Harbour, reconstmcting the Pier, ud
defining the Limits of the Port and Harbour of Saint Mawi m
the County of Cornwall. [2d June 1854.]

{^Company incorporated, § 3. Capital, jt* 1,400, §4. Plans to he
submiUed to Admiralty before commencing Works, § 14. SaxisQ
the Rights of the Crown and Duke of Cornwall, §| 34 and 35.J

Cap. Ivii.

An Act for authorizing the Newcastle-vpon-'Tyne and CarlisU
Railway Company to raise further Monies for the Purposes of
their Undertaking ; and for other Purposes. [2d June 1854.]

[13 4" 1^ Vict. c. Ixxii. repealed, except certain Clauses in Schedule
to this Act, §§ 2 and 3. Capital^ § 18. Pbwer to raise i.'230,000
by new Shares, § 20. Power to borrow on Mortgage, § 21.]

Cap. Iviii.

An Act for enabling the Lancashire and Yorkshire Railway Com-
pany to construct a Railway from Kirkdale to the Liverpool
Docks, with connecting Lines there ; and for other Purposes.

[2d/tfnel854.]

INot to prejudice Rights of the East Lancashire Railway Companj/^
§ 7. Power to raise additional Money not exceeding ^280,000,
which may be raised by Shares or Mortgage^ §§ 15 and 16. Dtft-
dends suspended if Railway not opened within kmited Time, § 27.
For Protection of Liverpool Docks^ § 30.]

A.D.1854. !?• & 18*> VICTORIiE. CHx— IxiiL 833

Cap. lix.

An Act to enable the Lancashire and Yorkshire Eailwaj Com-
panj to construct a Branch Railway to near Middleton in the
County of Lancaster ; and for other Purposes. [2d June 1854.]

[^F^cer to raise additional Money not exceeding £26 fiOOy which may
he raised by Shares or Mortgage, §§10 and 1 1. Dividends sus-
pended if Raihcay not opened within a certain Time, § 15.]

Cap, Ix.

An Act for enabling the Whittle Dean Water Company to extend
their Works, and to obtain a further Supply of Water from
certain Rivers and Streams in the County of Northumberland^
in order to afford a better Supply of Water to the Inhabitants
of Newcastle-ttpon- Tyne, Gateshead, and other Places in the
Counties of Northumberland and Durham; and for'consolidating
and amending the Acts relating to such Company.

[2d June 1854.]

[8 4-9 Vict. c. Ixxi., 4 4-5 fFill. 4. c. xviii., and 16 4- 17 Vict. c. iv.
repealed^ § 1. Company to continue incorporated^ § 5. Power
to raise additional Capital, § 20. Power to raise Money by
Mortgage, or by means of preferentiid Dividend, §§25 and 27.]

Cap. Ixi.

An Act to enable the London, Brighton, and South Coast Railway
Company to enlarge their Stations at New Cross, the Bricklayers
Arms, and Norwood; to widen the Branch Railway called " The
Thames Junction Railway," and their Main Line of Railway in
the Neighbourhood of such Branch ; to increase their Capital,
and to establish a Provident Institution for their Servants and
Workmen ; and for other Purposes. [2d •/««€ 1854.]

[^Pawer to raise additional Capital by Creation of neio Shares, 5 32.
Power to raise Money on Mortgage, § 36. Power to establish
Provident Institution for Servants of Company, § 42. Dispute* "
to be referred to Registrar of Friendly Societies, who may inspect
BoohSf §§43 and 44. Saving Bights of Metropolitan Commis-
sioners of Sewers, § 51.]

Cap. Ixii.

An Act to authorize the Parliamentary Trustees on the River
Clyde and Harbour of Glasgow to raise a further Sum of
Money, and to fund the Debt of the Trust ; and for other Pur-
poses. [ 1 6th June 1 854.]

[^Power to borrow on Security of Bates, § 3, or on Credit of Cash
Account, § 19.]

Cap. Ixiii.

An Act for repealing an Act passed in the Sixth Year of the
Reign of His late Majesty King William the Fourth, for esta-
blishing a Market for the Sale of Cattle in the Parish of Saint
Mary Islington in the County of Middlesex, [16th June 1854.1
17 & 18 Vict. 3 H

9Mt

C.lxiv, Ixv.

17- & 18* VICTORIA,

A.D.185i

16 & 17 Vict
c. clxyi.

Short Title.

Cap. l]dv.

An Act for making a Railway from the fVhUehaven and Fttmets
Junction Railway near Whitehaven to Egremont in the County
of Cumberland^ with a Branch therefrom to Frizingfon in the
same County, to be called the Ffldtehaven, Cleator, and Egre-
mont Railway ; and for other Purposes. [16th June 1854.]

[^Capital j£ 50,000, § 4. Power to borrow on Mortgage^ § 7. Com-
pany not to interfere tvith Property of Whitehaven and Fumm
Junction Railway without Consent^ § 42.]

An Act
1853/

for amending

Cap, Ixv.
^The East

London Waterworks Act,
[16th June 1854.]
YIT^ HEREAS by an Act passed in the Session of Parliament
^ ^ held in the Sixteenth and Seventeenth Years of the Reign
of Her present Mi^esty, intituled ** The East London Water-
works Act, 1853," the East London Waterworks Company (in
this Act called " the Company ") were authorized to make and
maintain certain Drains or Sewers, Aqueducts or Water Chan-
nels, and other Works (in this Act called the Works of One thou-
sand eight hundred and fifty-two), delineated on the Plans and
Sections thereof deposited with the respective Clerks of the Peace
.for the Counties oi Middlesex and Essex^ previous to the passing
of " The East London Waterworks Act (No. 2), 1852," and for
the Purposes of that Act ; and by the first -recited Act, the Com-
pany were also authorized to make ceitain Reservoirs, Aqueducts,
and other Works (in this Act called the Works of One thousand
eight hundred and fifty-three), delineated on the Plans and Sec-
tions thereof deposited with the respective Clerks of the Peace
for the same Counties, previous to the passing of " The Ea^
London Waterworks Act, 1853," and for the Purposes thereof:
And whereas the Company are proceeding with the Execution
of the same Works : And whereas by " The East London Water-
works Act, 1853," it is provided that the Powers thereby granted
to the Company for the compulsory Purchase of Lands for and
for completing the Works of One thousand eight hundred and
fifty-two shall not be exercised after the Twenty-eighth Day of
July One thousand eight hundred and fifty-four ; and that the
Powers by the same Act granted to the said Company for the
compulsory Purchase of Lands, and for the Completion of the
Works of One thousand eight hundred and fifty-three, should
not be exercised after Three Years from the passing of that Act :
And whereas it is expedient that the Powers of the Company for
the Purchase of such Lands and the Completion of the Works of
One thousand eight hundred and fifty-two should be extended,
but the same cannot be effected without the Authority of Par-
liament :' May it therefore please Your Majesty that it may be
enacted; and be it enacted by the Queen's most Excellent Majesty,
by and with the Advice and Consent of the Lords Spiritual and
lemporal, and Commons, in this present Parliament a^jsembled,
and by the Authority of the same, as follows :

L That in citing this Act for any Purposes whatever, it shall
be sufficient to n^o the Exprr?sion " The East London Water-
works Extension of Time Act, 1854." jy iji^.^

A.D.1854 17** & 18*^ VICTORIiE. C. Ixv— IxviL 835

n. That *'Thc East Zo«c?o» Waterworks Act, 1853," and this Incorporation
Act, shall, for the Purposes of this Act, be and be carried into ©^ recited Act
effect as One Act. "^^ *^ ^c*-

III. That the Powers of the said Company for the compulsory Time for Pur-
Purchase of Land for the Purposes of the Works of One thousand c^wwe of Land
eight hundred and fifty- two may be exercised within the Period of ^dComi^etion
One Year from the passing of this Act, and for the Completion of i852 extended,
such Works wuthin Two Years from the passing thereof, but shall

not be exercised after those Periods respectively : Provided always,
that this Act and anything therein contained shall not restrain the
Company from extending their Works, Mains, and Pipes, from
Time to Time, when it shall be necessary so to do, for the Pur-
pose of supplying Water to the Inhabitants within the Limits
authorized by " The East Lofidon Waterworks Act, 1853."

IV. That the Justices, Arbitrators, Umpires, or Juries, who Compemsation
under the recited Act shall award or assess Compensation with for additional
respect to any Injury to Land by the Construction of the several j^J'^T (if «;y)
Works by that Act authorized, or any of them, shall in estimating j^^i^^n of
the Amount of such Compensation have regard to and award or ^^^ for par-
assess Compensation for the additional Injury (if any) sustained chasing Land.
by reason of the Extension of Time by this Act granted.

V. Provided always. That, except as by this Act expressly pro- Act not to affect
vided, nothing herein contained shall repeal, extend, alter, inter- recited Act
pret, or otherwise affect the recited Act, or anything therein
contained. ^

VL Provided also. That anything herein contained shall not exeMTJwn
exempt the Company from the Provisions of " The Metropolis 15 & le Vict
Water Act, 1852." c 84.

YII. That all Costs, Charges, and Expenses of and incident to Expenses of
the obtaining and passing of this Act shall be paid by the Company. Act.

Cap. Ixvi.

An Act for better supplying with Water the Tow^n of Padiham
and the Neighbourhood thereof, and the Villages of Habergkam
or Cheapside and Lower Houses or Thomhill Holme, all in the
Parish of JVhalley in the County of Lancaster, [16th Jutie 1854.]

[Ificorporation of Company, § 4. Capital ^7,000, § 5. Power to
borrow on Mortgage, § 8.]

Cap. Ixvii.

An Act for the Improvement of the Town of Burnley and Parts

of the Neighbourhood thereof, and for other Purposes, and of

which the Short Title is " The Burnley Improvement Act,

1854." [16th Jwn« 1854.]

[Act to commence on the Second Wedtiesday after passing, §2.
9 ^ 10 Vict. c. cxix. repealed^ § 8. Compensation for Injury, S^c.
to Lands of R. T. Parker, Esq., §§ 52 ^o 56. Power to borrow
on Mortgage, § 181. Saving Rights of Landholders on River
Brun, cf Lords of Manors of Leeds and Liverpool Canal Com-
pany, of Owners of Towneley Hall and Park in River Calder, of
Lancashire and Yorkshire and East Lancashire Railway Com-
panies, and of Burnlef/ Gaslight Company, §§ 19f), 197, 198,
199, 200, 202, and 203.]

3U 2

836 C.lxviu-lxxil 17* & 18« VICTOKIiE. A-Da85i

Cap, Ixviii.
An Act for making a Railway from the Londofiy Brighton, and
South Coast Railway to Caterfiam in the County of Surrey.

[16th June 1854.]
[^Incorporation of Company ^ § 3. Capital j£^ 30,000, § 4. Patter
to borrow on Mortgage^ § 9. Company not to take Property of
London, Brighton, and South Coast Bailtcay Company without
Consent, § 23. Saving Bights of the Trustees of Surrey and
Sussex Boads, § 39.]

Cap, Ixix.
An Act for granting further Powers to the Eastern Union
Railway Company with respect to the Extension to ff'ood-
bridge. [ 1 6th June 1 854.]

Cap. Ixx.
An Act to enable the Stockton^ Middlesbrough, and Yarm Water
Company to supply with Water the Township of Norton in the
County of Durham, and the Townships of Coaiham and Bedcar
in the North Riding of the County of Vork, and other Places
on the Line of the Mains and Pipes of the Company ; and to
enable the Company to raise a further Sum of Money ; and to
amend the Act relating to the Company ; and for other Pur-
poses. [ 1 6th June 1854.]

[For Protection, S^c, of Stockton and Darlington Bailway, §§ 15
and 16. Saving Bights of certain Bailicay Companies, \ 17.^
Power to raise further and additional Monies by Creation cf
Shares, §§20 and 21. Power to borrow on Mortg€ige, §29.]

Cap. Ixxi.
An Act to repeal certain Acts relating to the Petworth Turnpike

Roads, and to make other Provisions in lieu thereof.

[16th June 1854.]
[30 Geo. 2. c. L, 5 Geo. 3. c. Ivii., 39 Sf 40 Geo. 3. c. ix., and

1 6r«?. 4. c. xiiv. repealed, and on November 1, after passing,

this Act to take effect, § 1. Limiting Number of Tolls to ie

taken, § 12. Persons having paid Toll to return free, § 13.

Provisions as to Lime and Chalk for Manure, §§ 18 a/ii 19.

Provisions as to Amount of Debt and Arrears of interest, § 21.

Act to continue for Twenty-one Years, § 29.]

Cap. Ixxii.

An Act to enable the New Biver Company to construct new
Reservoirs and other Works in the County oi Middlesex.

[16th June 1854.]

15 & 16 Vict. * ll^HEREAS an Act was passed in the Fifteenth and Six-
c. cU. « > V teenth Years of the Reign of Her present Majesty, inti-

* tuled An Act to enable the Governor and Company of the New

* River to improve their Supply of Water, and for otker Purpose* ;

* And whereas it is expedient that the said Company should be
' enabled to construct additional Reservoirs and certain other

* Works in the County of Middlesex^ for the better Supply of pure

< and

A,D.1854. 17« & 18« VICTORIA. Cllxxii. • 837

' and wholesome Water to the Metropolis : And whereas the fol*
^ lowing Acts have been passed relating more or less directlj to

* the said Company ; videlicet, the several Acts of the Thirteenth

* Year of Elizabeth, Chapter 18 ; of the Third Year of James the
' First, Cliapter 18 : of the Fourth Year of James the First,

* Chapter 12 ; of the Eleventh Year of George the Second, Chapter

* 14 ; of the Twelfth Year of George the Second, Chapter 32 ; of

* the Seventh Year of George the Third, Chapter 51 ; and of the

* Nineteenth Year of George the Third, Chapter 58 respectively ;

* and the several Acts (Local or Local and Personal) of the Forty-

* fifth Year of George the Third, Chapter 69 ; of the Third Year

* of George the Fourth, Chapter 109 ; of the Thirteenth and Four-

* teenth Years of Victoria, Chapter 109; and of the Sixteenth

* and Seventeenth Years of Victoria, Chapter 166 respectively :
' And whereas the said Company are willing to carry the said
' Works into execution, but the same cannot be effected without

* the Authority of Parliament :' May it therefore please Your
Majesty that it may be enacted ; and be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the aiime, as fol-
lows ; (that is to say,)

I. That in citing this Act for any Purpose it shall be sufficient Short Title.
to use the Expression "TheiV«£7 River Company's Act, 1854."

IL That " The Lands Clauses Consolidation Act, 1845," shall 8&9Victc.l8,
for the Purposes of this Act be incorporated with this Act. incorporated.

IIL That the Second and Third Sections of "The Water- lo&ll Vict,
works Clauses Act, 1847," and also all the Provisions and Clauses «• ^7. incorpo-
of that Act witli respect to the " Construction of the Waterworks," ™^®^'
with respect to the " Construction of Works for the Accommo-
dation of Lands adjoining the Waterworks," with respect to the
" breaking up Streets for the Purpose of laying Pipes," with
respect to the Provision for " guarding against fouling the Water
of the Undertakers," and with respect to the " Recovery of Da-
mages not specially provided for, and of Penalties, and to the
Determination of any other Matter referred to Justices," and with
respect to "Access to the Special Act," shall be incorporated
with this Act, and shall extend only to the several Works by this
Act authorized to be made.

IV. * Whereas a Plan and Section showing the Line and Levels Power to make

* of the Works herein-after particularly described, and a Book of Works accord-

* Reference containing the Names of the Owners, Lessees, and j"g to deposited

* Occupiers, or reputed Owners, lessees, and Occupiers, of the

* Lands and Streams in or through which the said Works are
' intended to be made or pass, have been deposited with the

* Clerk of the Peace for the County of Middlesex ;' Be it enacted.
That, subject to the Provisions of this Act, the Company may
from Time to Time make and maintain the several Works by this
Act authorized and herein-after particularly described in the Line
and in and tlirough the Lands delineated in the Plan of such
Works, and described in the Book of Reference relating thereto,
and may enter upon, take, and use such of the Lands described or

3 II 3 mentioned

8S8 aixxii. 17" & 18« VlCTORIiE. A-D.1854.

meotioned in tbe said Plan of such Works, and in the said Book
of Reference relating thereto, as shall be necessary for the Far-
poses thereof.
Workf autho- Y, That the Works by this Aet authorized shall comprise the
riiedbyAct following:

First. The fencing off and Indosure of the Banks of the^Vw
River commencing at or near a Bridge oyer the said Nm
Biver, numbered 148, in the Pariah of Saint Mary Isting-
ton in the County of Middlesex^ and terminating at or near
the Bridge over the said iV«o Rwevt whereby Pauls
Terrace Road crosses the same in the same Parish and
County :

Second. Mains, Pipe Tracks, or Channels of Communication,
Widenings, and Straightenings of the New Rivery com-
mencing in the Parish of Saint Mary Islington in the
CJounty of Middlesex at or near the Bridge over the New
Rioery whereby Paurs Terrace Roadcroaaes the same, and
terminating in the Parish of Saini James Clerhentcell in
the said County of Middlesex, in the Reservoir or Pond at
the New River Head:

Thirds A Main, Pipe Track, or Channel of Communication
commencing in the said Parish of Saint Mary Islington at
or near a certain Road called the Back Road, leading from
Newington Green to Kingsland Green, passing across the
Inclosure called Kingsland Green, and terminating in the
Parish of Hackney in the County of Middlesex by a Junc-
tion with the authorized Mains of the New River Comptnj
in the Kingsland Road at or near the Toll Bar Gate there:

Fourth. A Main, Pipe Track, or Channel of Communication
commencing in the said Parish of Saint Mary IsUngttm hy
a Junction with the authorized Reservoirs of the New
River Company situate between Maiden Lane and the
Junction Road, and terminating in the same Parish in the
said Junction Road at or about Four hundred and eightj
Yards North of the Toll Bar Gate on the said Road:

Fifth. A Main, Pipe Track, or Channel of Conmiunication
commencing in the said Parish of Saint Mary Islington in
Maiden Lane at or near the End of Gloucester Road, and
terminating in the said Parish in the Ramshury Road
about Two hundred and sixty Yards East of the Toll Bar
Gate there :

Sixth. A Reservoir or Reservoirs, Filtering Beds, and other
Works in certain Lands on each Side of the New River
adjoining and abutting and on the West Side of tlie Great
Lanes Road^ nearly opposite to the Stoke Newington Re-
servoirs of the said New River Company, which said in-
tended Reservoirs and Works will be wholly situate in the
Parish of Homsey in the said County of Middlesex:

Seventh. A Main, Pipe Track, or Channel of Communication
commencing in the said Parish of Stoke Newington by a
Junction with the authorized Works of the Nenc Eit€T
Company on the East Side of the Green Lanes Road, and
to the South of the said Stoke Newington Reservoirs, ter-
minating

A.D,1854. 17 « & 18*> VICTOKIJE. C.haau 8S&

minating in the same Parish or the Parish of Hackney in
the County of Middlesex in the Road to Stamford HiU
where the Hackney Brook crosses the same :
Eighth. A Reservoir or Reservoirs, Piltering Beds, and
Works in certain Lands sitnate at I^Vood Chreen^ and Ijing
on and between the New River and the Great Northern
Railway, all in the Parish of Tottenham in the County of
Middlesex:
Ninth. A Main or Pipe Track or Channel of Communication
commencing in the Parish of Tottenham aforesaid from*
and out of the lastly before-described intended Reservoirs,
and terminating in the Parish of Homsey in the High
Road ^ear to where the same passes under the Cheat
Northern Railway :
Tenth. A Reservoir or Reservoirs on the Summit Level of
Hampstead Heath on the Plot of Ground Part of the said
Hampstead Heath, and delineated on the said deposited
Plans, which lies to the South of the Milestone there, also'
marked on the said deposited Plans, and is bounded by
public Itoads meeting at and running South and South-
west from the said Milestone, and abo marked on the said'
deposited Plans.
VL That it shall be lawful for the Company to make and main- Company to
tain all necessary Tunnels, Pipe Tracks, Sluices, Embankments, ' n^*^'® ^Embank-
Aqueducts, Channels of Communication, Filtering Beds, Tanks, S^^^/^"^
Culverts, Engines, Drains, Flood Gates, and other Conveniences &c.ofWorkL
for the effectual Construction, Use, and Maintenance of the Works
by this Act authorized, and to remove any of their existing Works
which may interfere therewith.

VII. That, subject to the Provisions of the several Acts incor- Company may
porated herewith, it shall be lawful for the Company to cross, cross ai^ divert
divert, break up, or alter all such Turnpike and other Roads, High- ^^<**^ ^^'
ways, Footways, Tunnels, Bridges, Streets, Tramroads, Rivers,
Navigations, Streams, Brooks, Watercourses, Drains, Pipes, and
Sewers within the Parishes or Places from, in, through, or into
which any of the Works will pass or be made, as may be necessary
for effecting the Objects and Purposes of the intended Works by
this Act authorized.

VIIL * And whereas the Lines of the intended Works by this Directions for

* Act authorized pass for a considerable Distance along or across laying Pipes

* the Public Roads under the Charge of the Commissioners of the ^Jeto^TOlis

* Metropolis Turnpike Roads North of the Thames, which Public R^g. '
' Roads are herein-after called the Metropolis Roads ;' therefore,
notwithstanding the Powers and Provisions in this Act contained,

the Company shall not, either by themselves or by their Deputies,
Officers, Agents, Servants, and Workmen, or by any of them, lay
down or construct any Works in any Part of the Metropolis Roads,
or of tiie Footpaths adjoining thereto, other than in such Part,
Line, and Direction as shall be pointed out by the said Commis^
sioners or by their general Surveyor for the Time being ; and that
wherever the Surface of the said Metropolis Roads shall be inter-
fered with no greater Inclination than One Foot in Sixty Feet shall
bo made.

3 II 4 IX. That

840

Cbudi.

17" & 18- VICTORIA-

A.D.1854.

All Woi^ con-
nected with the
MetropoliB
Roads to be
under the
Saperintend-
eneeof the
general Sur-
veyor.

ComiNiny to
nuke good
Damage to the
Boads.

Traffic not to be
stopped daring
the Perform-
ance of the
Works on the
Boads.

Frecaations re-
quired to be
taken during
the Perform-
ance of the
Works on the
Boads.

IX That any Works connected with the Metropolis Boads shall
not be in any Manner commenced under the Powers in this Act
contained until the Expiration of Five Days after Notice in
Writing of tlio Intention to commence such Works shall hare
been left at the Office of the said Commissioners, or shall have
been delivered to the said general Surveyor ; and the opening of
the said Roads or any of them for the Purpose of laying down or
constructing such Works, or for laying any Pipe, and the re-
making of such Roads, and all other Works of every Description
connected with the said Roads at any Time hereafter to be per-
formed by the Company, or by any Person authorized by them,
shall be carried on and executed under the Direction and Super-
intendence and to the Satisfaction of the said general Surveyor.

X. That if in the laying down or Construction of the Works or
any of them the Company shall do or cause any Injury or Damage
to the said Metropolis Roads or any of them, or to any Brick or
other Drain, Sewer, Cesspool, Water Channel, or other Con-
venience connected with the said Roads or any of them and shall
not forthwith proceed to repair and make good such Injury or
Damage to the Satisfaction of the general Surveyor, or if by reason
of the laying down or Construction of any of the Works hereby
authorized or required to be constructed or performed by the Com-
pany any Alteration of the said Metropolis Roads or any of tbem,
or of the Drains, Sewers, Cesspools, or Water Channels connected
therewith, shall, in the Judgment of the said general Surveyor, be
rendered necessary, then and in any of such Cases it shall be law-
ful for such general Surveyor to cause all such Repairs and Altera-
tions to be made as he in his Discretioa shall think lit; and all
Costs and Expenses of such Repairs and Alterations shall be paid,
on Demand, by the Company, or in default of Payment for Twenty-
one Days after such Demand may be recovered by the said Com-
missioners from the Company, with full Costs of Suit, by Action in
any of Her Majesty's Courts of Record at H'estminster.

XL That the Company shall not at any Time during the Pro-
gress of laying down or constructing the Works hereby authori2e<l,
or of performing any other Works connected with the said Metro-
polis Roads, shut up or in any way impede the public Traffic along
more than One Half in Width of any of the said Metropolis Roads
at any one and the same Time, and if it should happen that (be
Half of the Road so left open should not be wide enough to allow
Two Carriages to pass each other, then and in such Case not mow
than Fifty Yards in Length of the other Half of the Road shall be
occupied by the Company's Works at the same Time, unless by
special Permission of the said general Surveyor.

XII. That the Company shall and tliey arc hereby required, at
their own Expense, to do and perform all such Acts and Things
in the way of watching, lighting, and fencing, and all such other
precautionary Measures during the Progress of laying down or
constructing the Works hereby authorized, or of performing any
other Works connected with the said Metropolis Roads under the
Powers of this Act, as shall be necessary and requisite for the
public Safety, Convenience, and Protection of the said Metropolis
Roads and of the Travellers thereon; and the Company shall be
answerable and amenable for all Accidents and Damage which may

happen

A-D.1854. 17^ & 18^ VICTORIA. C.lxxii. 841

happen by reason or in consequence of any of the Works of the
Company.

XIII. And whereas much Injury will be caused to the said Regulating the
Metropolis Roads in consequence of such Works, notwithstanding J^JJ^^J* *^
that the said Roads may be re-made immediately after the laying x)jniage done
down or Construction of such Works, inasmuch as a Continuance to the Roads,
of Labour and Material will be necessary for a considerable Space

of Time to restore the said Roads to their previous State and Con-
dition ; therefore the Company shall and they are hereby required
to pay, on Demand, to the said Commissioners such a Sum of Money
not exceeding One Shilling for every Superficial Yard of the said
Roads removed or disturbed by reason or in consequence of the
said Works of the Company, and over and above all Costs of re-
making or re-laying the said Roads, and of Repairs and Altera-
tions which may be incurred by the sdid Commissioners, as the said
Commissioners shall deem proper to be paid for the continued
Labour and Supply of Materials necessary to restore effectually the
said Roads ; and in default of Payment for Twenty- one Days after
such Demand the same may be recovered by the said Commis-
sioners from the Company, with full Costs of Suit, in any Court of
competent Jurisdiction.

XIV. That the Clauses of " The Railways Clauses Consolidation Regulations
Act, 1845," numbered 53, 54, 55, 56, and 57, relating to the Sub- of Railways
stitution of other Roads for Roads interfered with, and to the ap^U^tofater-
Rest oration of Roads interfered with, shall be incorporated with fCTence with
this Act, and shall apply to all Roads crossed, diverted, broken up. Roads.

or altered under the Powers of this Act (except the .Metropolis
Roads, which are herein-before specially provided for); and in
construing those Clauses in connexion with this Act the Expression
" the Company " shall mean the Governor and Company of the
New River brought from Ckadwell and Amtcell to London, and
the Expression " the Railway " shall mean the Works by this Act
authorized.

XV. * And whereas the Reservoirs intended to be constructed Power for Jus-

* under the Powers of this Act are to be supplied by means of ^^es to order

• pumping only :' Be it enacted, That whenever it shall be repre- ^^^ and^in
sented to fwo Justices by the Owners or Occupiers of any Dwell- ^rtain^aw^sto
ing House, Mill, Factory, or other Works situate below any such direct the
Reservoir as aforesaid, and so as to be in danger of being destroyed Water therein
or injured by the Water of such Reservoir in case it should escape to be lowered,
therefrom, that such Reservoir is in a dangerous State, such Jus-
tices shall forthwith make Inquiry into the Truth of such Repre-
sentation, and if they shall be satisfied that such Reservoir is in a
dangerous State they shall, by Writing under their Hands, order

and require the Company, within a Time to be specified in such
Writing, to put such Reservoir into a proper State of Repair, or
construct such Works as may be necessary to remove the Danger ;
and in case the Company shall not, within the Time so limited,
and to the Satisfaction of the Justices who shall have made such
Order, or of any Two Justices, have repaired the said Reservoir
or constructed the said Works, or in case, upon receiving such
Representation as aforesaid, the Justices shall consider the Danger
to be so eminent as not to admit of Delay, they may, if they shall
think fity by Writing under their Hands, order and direct the

Officer

M£ C. IxxiL 17*^ & 18« yiCTORIiE. A.D.1854.

Officer in charge of such Heservoir to desist from pumping Water
into such Reservoir until the Water in such Reservoir shall be re*
duced to such a Level as may be necessary to remove the Danger,
and to keep the Water in such Reservoir at the reduced Level
until the said Reservoir shall have been repaired, or such Works
as aforesaid shall have been constructed, to the Siatisfaction of the
Justices who shall have made such Order, or anj other Two
Justices, and who shall signify their Satisfaction by Wanting
superseding such Order, or until such Order shall be superseded
upon Appeal as herein-after mentioned, and such Order roaj be
in the Form or to the Purport and Effect following ; (that is to
sagr,)

ToA.B.
We, the undersigned, Two of Her Majesty's Justices of the
Peace acting in and for the County of
do hereby order and direct you to desist from pumping into a
certain Reservoir known as the

Reservoir until the Level of the Water therein be reduced hj
the Space of Feet or thereabouts, and to keep

the same at that Level until you shall be further instructed
by us, or by Two other Justices of the Peace acting in and
for the said County, and in acting in obedience to the Premises
this shall be your sufficient Warrant.

Given under our Hands this Day of

One thousand eight hundred and

(Signed) CD.
£,K
And any Person who shall wilfully do any Act in contraventioD
of such Order shall for every such Offence be liable to a Penalty
not exceeding Fifty Pounds : Provided always, that, except when
the Urgency of the Case will not admit of the Delay, the Justices^
before making an Order to repair any such Reservoir, or to con-
struct any Works as aforesaid, or to lower the Water in any such
Reservoir shall cause Notice to be given to the Clerk of the Com-
pany, and shall hear and consider any Evidence that may be teo"
dercd on behalf of the Company against the making of such Order:
Provided abo, that if the Company shall consider themselves
aggrieved by any such Order they may appeal against the same to
any Quarter Sessions, upon giving to the Justices who shall have
made such Order Three Weeks Notice in Writing of the Grounds
of such Appeal, and the Court of Quarter Sessions shall hear aod
determine such Appeal, and may either confirm or supersede the
Order of the said tfustices as they may think proper, but until such
Order shall be superseded it shall continue in full Force; and all
the Costs, Charges, and Expenses of applying for, obtaining, and
enforcing such Order shall be borne by the Company, unless the
Justices making the Order shall direct such Costs, Charges, and
Expenses, or a proportionate Part of them, to be borne by the
Parties ajiplying for such Order, which they are hereby autho-
rized to do, and the Costs of any such Appeal as aforesaid shall bo
in the Discretion of the said Court of Quarter Sessions,
"npanynotto XVI. Provided always. That the Company shall not be liable
TKwiBible to pay to any Persons any Damages. Penalties, Costs, Charges, or

A.Da854. 17" & 18<> VICTORIA. ClxxIL 848

£xi)ense8 for or in respect of, or be answerable or accountable to for Conse*
any Persons for any Diminution or Cessation of the Supply of quencesof «iich
Water, or any other Breach or Nonperformance of their or atiy of 0^®'«
their Duties, Liabilities^ or Obligations under this Act or the said
recited Acts, or any of them, which may be occasioned in or by
or result from the Execution of any such Order as aforesaid, any-
thing in this Act or the said recited Acts, or either of them, to
the contrary notwithstanding.

XVII. Provided always, That the Works authorized by this For Protection
Act to be constructed in connexion with or affecting the Great ofG^tNortlv
Northern Railway shall be executed under the Superintendence *™ ^ ^*^'
and to the reasonable Satisfaction of the principal Engineer of
the Great Northern Railway Company, but at the Cost of the New
River Company ; and if there shall arise any Differences between
the Company and the said Railway Company as to the same, or as
to the Nature or Extent of the Works necessary for the Protection
of the said Railway, such Difference shall from Time to Time be
settled by the principal Engineers of the said Companies, or if
they cannot agree, then by some Engineer to be nominated by
them : Provided also, that the Great Northern Railway Company
fihall not be liable for any Damage which may arise to the New
River Company by reason of any accidental Failure of the Em«
bankments or Earthworks of the said Railway.

XYlll. That the Powers by this Act conferred on the Com- Period for
pany for the compulsory Purchase of Lands for the Purposes of compulsory
this Act shall not be exercised after the Expiration of Two Years ^"^^c^^es
from the passing of this Act. -

XIX. That the Works hereby authorized may be completed on Period within
or before the Thirtieth Day of June One thousand eight hundred which Works
find fifty-seven, and on the Expiration of that Period the Powers *f® fj ^ ^"*"
by this Act granted to the Company for executing the Works, or P'®*®^
otiierwise in relation thereto, shall cease to be exercised, except

as to so much of the Works as are then completed, and the neces-
sary Repair and Maintenance of such Works.

XX. That all Persons by this Act empowered to convey Lands Owners may
to the Company shall have full Power, for the Purposes of this grant Leases.
Act, to grant to the Company any Lands and Streams, or the

Right of User thereof, and to grant to the Company any Ease-
ment, Power, or Authority in or over such Lands or Streams in
perpetuity in consideration of an annual Rent : Provided always,
that in all such Grants, when made by any Corporation, or by
any Individual entitled to any Estate or Interest, other than a
Fee Simple, for his own Benefit, there be reserved the best Rent
or Remuneration that can reasonably be gotten for the Premises
thereby granted, such Rent or Remuneration not being less than
such as shall be determined according to the Provisions with
respect to the Purchase of Lands by Agreement of " The Lands
Clauses Consolidation Act, 1845," by Two able practical Sur-
veyors, or their Umpire : Provided also, that it shall be lawful
for the Company to purchase at any subsequent Period the Release
or Discharge of such Rent or Remuneration, Covenants and
Stipulations, reserved by and contained in any such Grant.

XXL That, in addition to the several Sums of Money antho- Power to bor-
rized to be raised by the said first-recited Act, it shall be lawful row Money for

for ««cnting

8H

Clxxii.

17^ & 18« VICTORLS;.

A.D,1854.

Works men-
tioned in this
Act.

Eztendin|^ cer-
tain Provisions
first-recited
Act to this Act.

Application of
Monies raised
by Bond.

Power to appre-
hend transient
Offenders caus-
ing Waters of
Company to be
fouled.

Saving Bights
of Commis-
sioners of
Sewers.

Provisions of
General Act.

Expenses of
Act.

" The Com-
pany."

for the Company to borrow on Bond such further Sums of Money
as shall from Time to Time, by any Order of a General Court of
the Company, be authorized to be borrowed, not exceeding in the
whole the Sum of Two hundred thousand Pounds, and to secure
the Repayment thereof, with Interest, by Bonds, as herein-after
provided.

XXII. That the whole of the several Sections and Provisions
of the said first-recited Act, numbered respectively in the Copies
thereof printed by the Printers to the Queen's most Excellent
Majesty 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, such Sec-
tions and Provisions respectively relating " to the re-borrowing
of Money by the Company,** " to the stamping of Bonds for se-
curing Money,** " to the Rights of Obligees in such Bonds," " to
the Register of such Bonds,** ** to the Transfers of such Bonds,"
« to the Register of the Transfer of such Bonds,'* « to the Pay-
ment of Interest on Money borrowed on such Bonds/' " to the
Transfer of any Interest on such Bonds," " to the fixing of Periods
for the Repayment of Money borrowed under such Bonds," ** to
the Repayment of Money borrowed where no Period is fixed,** and
" to the Cessation of Interest after Notice to pay off such Bonds,"
and also the Schedules A. and B. annexed thereto, shall extend
and apply to the several Objects and Purposes of this Act.

XXIII. That all Monies raised on Bond under the Powers of
this Act shall be applicable only- to the Purposes of the Under-
taking and Works of the Company,

XXIV. That it shall be lawful for any Constable, or any Officer
or Agent of the Company, and all Persons called by him to his
Assistance, to seize and detain any Person who shall have com-
mitted any of the Offences enumerated in the Sixty-first Section
of " The Waterworks Clauses Act, 1847," and whose Name or
Residence shall be unknown to such Constable, Officer, or Agent,
and to convey him with all convenient Despatch before some
Justice, without any Warrant or other Authority than this Act ;
and such Justice shall proceed with all convenient Despatch to
the hearing and determining of the Complaint against such
Offender.

XXV. That this Act^ or anything therein contained, shall not
take away, lessen, alter, or affect any of the Jurisdictions, Rights,
Powers, and Authorities of any Commission of Sewers appointed
by any Commission under the Great Seal, or under the Seal of the
Duchy of Lancaster, or of the Commissioners of Sewers of the
City of Lofidon,

XXVI. That nothing herein contained shall be construed to
exempt the Company from the Provisions of ** The Metropolis
Water Supply Act, 1852."

XXVII. That all the Costs, Ciiarges, and Expenses of and
incident to the obtaining and passing of this Act shall be paid by,
the Company.

XXVIII. That in the Construction of this Act and of the Acts
incorporated herewith the Expression " the Company'* shall mean
the Governor and Company of the JVew Hirer brought from
Chadwell and Amwell to London,

Cap.

A.D.1854. 17« & 18« VICTORIiE. Clxxiii— Ixxvui. 845

Cap. Ixxiii.
An Act for enabling the Yorkf Netccastle^ and Bertoick Railway
Company to purchase all or any Estates, Rights, and Interests
existing in the Lands or Grounds upon or adjoining to which
the Railway of the said Company, called '^ The Pantop and
Sout/i Shields Railway," has been formed, or otherwise to oc-
cupy such Lands or Grounds. [16th June 1834.]

Cap, Ixxiv.

An Act for maintaining the Turnpike Road from Greenheady
through ffalhchisdCy Hexhamt and Corbridge, to the Military
Road near Shildon Bar^ and the Branch Road from Corbridge
to Heddon-on-the- H^all^ all in the County of Northumberland.

[3d July 1854.]

[1 Geo, 4. c. xxvi. repealed^ and this Act to be put in force, § 1.
Half Tolls only for Com, Manure, S^c, § 14. Inhabitants of
Corbridge exempted from full Toll in certain Cases, § 15. Number
of Tolls to be taken limited^ § 17. Persons having paid Toll to
return free, § 18. Act to commence on First November after
passing, and to continue Twenty-one Years, § 34.]

Cap, Ixxv.

An Act to create a further Term in the Trowbridge Roads, to
add other Roads to the Trust, to amend and extend the Act
relating to the said Roads, and for other Purposes.

[3d July 1854.]

[59 Geo,Z. c.xliv. repealed, and this Act put in force, 5 1. Present
Tolls continued till \6th November 1854, § 15. Tolls to be paid
once a Day, §20. Limiting Number of Tolls, § 24. Act to
commence on First of November after passing, and cotititiue for
Twenty-one Fears, § 38.]

Cap. Ixxvi,

An Act to enable the Fumess Railway Company to raise a further
Sum of Money ; and for the Amendment of the Acts relating
to the said Company. [3d July 1854. J

\Pawer to raise a further Sum of Money not exceeding .£50,000,
§ 2. Power to borroto on Mortgage not exceeding JL 10,000, § 6.]

Cap. Ixxvii.

An Act to make Provision with respect to Water Supply and
Police for Shipley, Baildon, and Windhill in the West Riding
of the County of York. [3d July 1854.]

\^Saving Rights of Leeds and Liverpool Canal Company, § 19.
Power to Local Boards, with Sanction of General Board of
Health, to borrow Money on Security of Rents, S^„ § 38.
Saving Rights of Local Boards under Public Health Acts,

5^^-^ ^ , ...

Cap, IxxTui.

An Act ta incorporate " The Kingston-upon- Thames Gas Com*

pany," and to enable them to light with Gas the Parishes of

Kingston^ L.ong Ditton, and Thames Ditton in the County of

Surrey. [8d Jtt/y 1854.]

[^Proprietors incorporated, § 7. Capital j120,000, § 15.]

846 aixxix— Ixxxii. 17°&18<' VICTORIiE. A.D.1854-

Cn/y. Ixzix.

An Act for enabling the Blyth and Tyne Railway Company to
construct Railways to Tynenumth and tbe Longhirst Station of
the York^ Newcastle^ and Berwick Railway in the County of
Northumberland; and for consolidating and amending the Acts
relating to such Company. [3d JWy 1854.]

[15 4" 16 Vict c. cxxii., and 16 4" 17 Vict. c. clxxii. repealed^ § 1.
Company to remain incorporated^ § 5. General Saving of
RightSy § 10. Provisions as to the raising ofaddiiional Capiieit
§§ 25 and 26* Power to borrow on Mortgage^ §§29 awl 30.
Provisions as to interfering^ S^. with Yorky NewcasUCf ami Ber-
wick Railway y §§ 47 to 50. Saving Rights of ike Crown^ 6 75.
Certain Clauses of recited Acts cuf set forth to continue inforccy
§77.]

Cap. Ixxx.

An Act to enable the North London Railway Company to con-
struct a Station or Dep6t near to the New Metropolitan Cattle
Market ; to raise additional Capital ; and for other Purposes.

[3d July 1854.]

[^Land belonging to Corporation of London not to he taken without
Consent, § 4. Power to raise additional Capital by new Shares^
§ 9. Power to borrow on Mortgage^ § 12.]

Cap, Ixxxi.

An Act to repeal an Act for inclosing the Marsh in the Town-
ship of Newport in the County of Salop, and to vest the same
and other Property in Trustees for paving, draining, cleansing,
and otherwise improving the Town oi Newport; and for other
Purposes, [3d Jwfy 1854.]

[4 Geo. 3. c. lix. repealed, § 8. Incorporation of certain Persons
as " The Newport Totan and Marsh Trustees,^ § 9. Power
to raise certain Monies by Mortgage, § 39. Saving Rights of
Trustees of Turnpike Roads, § 40. Saving Rights of Lords of
Manor, § 48. Power of Court of Chancery not to be affected^
§ 50.]

Cap. Ixxxii.

An Act to amend ^' The Nene Valley Drainage and Navigatioo

Improvement Act, 1852," and to provide additional Funds for

carrying out certain of the Improvements authorized by such

Act. [3d July 1854.]

[15 4* 16 Vict c. cxxviii. to continue in force, § 2. Provisiotis as
to levying additional Contributions from Parties liable to (hitfaU
Tax and Tax on Wash Lands; also from Corporation of Wis-
bech, §§32 and 33. Saving Rights of Wisbech Corporation,
§ 37. Provisions for levying additional Contribution from Bed-
ford Level CorporeUion, and from North Level, Waldersey, and
Wisbech Commissioners of Sewers, Sfc, § § 39 and 40. Re-vesting
Duties in Wisbech Corporation, § 46. Power to redeem Taxes,
§ 56. Act not to affect Poicers of Board of Trade as to Mort-
gage of Port Dues, § 78.]

A.D-1854, 17° & 18" VICTORIA. C.lxxxui,lxxxiv, 847

Cap, Ixxxiii*

An Act for regulating and improving the Town of Ryde in the
Isle of Wighty and providing a Supply of Gas and Water thereto;
and for other Purposes. [3d July 1854. J

[10 Geo. 4. c. xxxix. and 10 ^ 11 Vict, c. xxix. repealed^ ^ 4.
Seashore to Low-water to be deemed a public Highway, Saving
Sights to Admiralty, § 56, Worhs below High-water Marh not
to be made without Consent of Admiralty, § 73. Saving Rights
to Ground Rents charged upon Land, S^c, § 78. Power to bor*
row Money for General Purposes, § 125. /Saving Rights of the
Crown and Lord^ of Manors, §§136 and 137.]

Cap, Ixxxiv.

An Act to repeal an Act passed in the Ninth Year of the Reign
of Her present Majesty, intituled An Act for more effectucdly
constituting and regtdating the Court of Record within the Ro'
rough of Manchester, and for extending the Jurisdiction of the
said Court, and to extend the Powers and Jurisdiction of the
said Court, and to simplify and otherwise improve its Practice
and Proceedings ; and for other Purposes. [3d July 1854.]

' VITIIEREAS Her present Majesty Queen Victoria, in pur-
^ ^ ^ suance of the Provisions contained in an Act passed in the

* Session of Parliament held in the Seventh Year of the Reign of

* His late Majesty King William the Fourth and in the First Year
' of the Reign of Her present Majesty Queen Victoria, intituled

* An Act to amend an Act for the Regulation of Municipal Cor» 7 W. 4, &

*' porations in England and Wales, and by the Advice of Her 1 Yict. c. 78.

* jPrivy Council, by certain Letters Patent under the Great Seal
' of the United Kingdom of Great Rritain and Ireland, bearing
' Date the Twenty-eighth Day of October One thousand eight
' hundred and thirty-eight, granted that the Inhabitants of the
*' Borough of Manchester resident within the District comprised
' within the Boundaries of the Townships of Manchester, ChorU
*' ton-upon-Medloch, Hulme, Ardwich, Resioick, and Cheetham, in

* the County Palatine of Lancaster, and their Successors, should

* be for ever thereafter a Body Politic and Corporate in Deed,
' Fact, and Name, and that the said Body Corporate should be

* called " The Mayor, Aldermen, and Burgesses of the Borough of

* " Manchester in the County of Lancaster," and should have per-
^ petual Succession and a Common Seal, and should be governed

* by a Council, to be elected in the Manner therein mentioned ;

* and Her Majesty further granted that the said Mayor, Aldermen,

* and Burgesses, and their Successors, from thenceforth for ever
' might have and hold within the Borough aforesaid a Court of

* Record for the Trial of Civil Actions before the Mayor of the

* said Borough for the Time being, in any convenient Place
' within the said Borough, on the Third Day in every Week, which

* Court should have Authority to try the Actions therein men-

* tioned: And whereas, after the Incorporation of the said

* Borough, a separate Commission of the Peace was granted to
< the same, and a Person, being a Barrister of more than Five

* Years standing, wa-? appointed Recorder of the Borough : And

* whereas

848

C. Ixxxiv.

H'^&IS" VICTORIA

A.D.1854.

After passing
of this Act,
8 & 9 Vict
c. 145. to be
repealed.

Short Title.

Interpretation
of Terms.

' whereas bj an Act, the Eighth and Ninth VieUma^ Chapter

* One hundred and forty-five, (Local and Personal,) the Juris-
' diction of the said Court of Record for the Trial of Civil Actions
' in the Borough of Manchester was enlarged, and other Provisions

* were therein contained in respect of the same Court ; and it

* was by the said Act enacted, that the Jurisdiction of the said

* Court should be co-cxtensivc with the Borough of Manchester

* mentioned in the said Charter of Incorporation, and that the

* Recorder of the Borough should be the Judge of the said Court:

* And whereas Her said Majesty, by certain other Letters Patent

* under the Great Seal of the United Kingdom of Great Britain

* and Irelfjnd, bearing Date the Twenty-ninth Day of March One

* thousand eight hundred and fifty-three, ordained, constituted, and

* appointed that the said Borough of Manchester should thence-

* forth be a City, and should be called and styled " The City of

* Manchester in the County of Lancaster ^^ and that the said
\ Mayor, Aldermen, and Burgesses of the said Borough of Man-

* Chester should thenceforth be One Body Politic and Corporate

* by the Name and Style of " The Mayor, Aldermen, and Citizens

* of the City of Manchester in the County of Lancaster :** And

* whereas the said Court, as constituted and regulated by the

* said last-mentioned Act^ has been found to be of great public

* Benefit and Utility : And whereas since the passing of the said

* last-mentioned Act "The Common Law Procedure Act, 1852,"

* has been passed : And whereas the Provisions of the said Act,

* the Eighth and Ninth Victoria, Chapter One hundred and

* forty-five, require to be altered and amended, and it is expedient

* that divers of the Provisions of "The Common Law Procedure

* Act, 1852," should, with all necessary Modifications, be ex-

* tended to the Court, and it is also expedient that the Powers and

* Jurisdiction of the Court should be further extended, and the

* Efficiency of the Court further increased by the Procedure,

* Practice, and Mode of Pleading therein being made more simple,

* and for these Purposes that the Act the Eighth and Ninth Ph-

* toria. Chapter One hundred and forty-five, should be repealed,

* and other Provisions should be enacted ; but the same cannot be

* effected without the Authority of Parliament :' May it therefore
please your Majesty that it may be enacted; and be it enacted
by the Queen's most Excellent Majesty, by and with the Advice
and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of
the same, as follows :

I. That from the Time when this Act shall commence and
take efibct the said Act, the Eighth and Ninth Victoria, Chapter
One hundred and forty-five, shall be repealed, except so far as may
be necessary for the Purpose of giving effect to Actions and
other Proceedings then pending, as herein-after mentioned.

IL This Act may be cited for any Purpose as " The Manchester
Court of Record Procedure Act, 1854."

HL In the Construction of tins Act, and of all Rules and
Orders made under the Provisions of this Act, unless there be
something in the Subject Matter or Context repugnant to such
Construction, "

The

A.D.1854. 17* & 18» VICTORIiE. C.lxxxiv. 849

The Word ''Action" shall mean anj Action brought in the
Court :

The Word " Agent" shall mean any Person usuallj employed
by the Landlord in the letting of Land, or in the Colle<5tion of
Rents thereof, or specially authorized to act in any particular
Matter by Writing under the Hand of such Landlord :

The Word ** Borough" shall mean the City of Manchester in the
County of Lancaster :

The Word ''City" shall mean the same City of Manchester in
the County of Lancaster :

The Word " Citizen" shall mean Citizen of the same City :

The Word " Council" shall mean the Council of the same City :

The Words " the Court" shall mean the Court of Record for
the Trial of Civil Actions within the City of Manchester :

The Word "House" shall include Messuage, Dwelling House,
Warehouse, Shop, Manufactory, Shed, Stable, Outhouse,
Building, and every Corporeal Tenement erected on Land,
and whether the same be in the Basement or on the Ground
Floor, or on any Floor above the Ground Floor :

The Word " Judge " shall mean the Recorder, and shall include
the Deputy Recorder :

The Word " Justice" shall mean Justice of the Peace for the
County of Lancaster^ and shall include Justices of the Peace
and any Stipendiary Justice for the City of Manchester :

The Word "Land" shall include any House as defined by this
Act :

The Word "Landlord" shall mean the Person entitled to the
immediate Reversion of the Land, or if the Land be held in
Joint Tenancy, Coparcenary, or Tenancy in Common, shall
mean, according to the Subject Matter, all or any One of the
Persons entitled to such Reversion :

The Word " Mayor" shall mean the Mayor for the Time being
of the City:

The Word "Person" shall include a Corporation, whether
aggregate or sole :

The Word "Proceedings" shall mean and include all Matters
and Things within the Competency of the Court :

The Word " Registrar" shall mean the Registrar of the Court
of Record for the Trial of Civil Actions within the City of
Manchester^ and shall include the Deputy of such Registrar :

The Word "Recorder" shall mean the Recorder of the City
of Manchester, and shall include the Deputy of such Re-
corder :

The Words "Superior Courts" shall' mean Her Majesty's Supe-
rior Courts of Record at Westminster^ and shall include the
Court of Common Pleas at Lancaster,

IV. The Court shall henceforth be called the Court of Record Title and Cob^
for the Trial of Civil Actions within the City of Manchester^ and stitutioii of
hare Authority to commence and try all Personal Actions of Court,
every kind arising within its Jurisdiction as herein -after defined,
and also all Actions of Ejectment between Landlord and Tenant
wherein the annual Rent of the Premises of which Possession is
sought to be recovered shall not exceed Fifty Pounds, and upon
which no Fine shall have been reserved or made payable, and
17 & 18 Vict. 3 1 which

850

Clxxxiv.

17" & 18^ VICTORIiE.

A.D.1854.

Jurifldictioii of
Court

Becordertobe
the Judge.

Beoorder may
appoint a
Deputy in cer-
tain Otses.

Bemnneration
totheBcoorder.

wbicb Premises shall be situate within the said Jurisdiction : Pro-
vided always, that the Court shall not, except by Consent of the
Parties, given and proved in manner herein-after mentioned, hare
Cognizance, except for the Purpose of staying Proceedings and of
awarding Costs, as herein-after mentioned, of any Action in which
the Debt or Damages sought to be recovered shall exceed the
Sum of Fifty Pounds, or in which the Title to any corporeal or
incorporeal Hereditaments, or to any Toll, Fair, Market* or Fran-
chise, shall be in question, or in which the Validity of anj Devise,
Bequest, or Limitation under any Will or Setdement maj be
disputed, or for anj malicious Prosecution, or for any Libel or
Slander, or for Criminal Conversation ; and in case it shall appear
in the course of any Action in the Court, or shall be made to
appear upon Oath to the Court, that the Debt or Damages sought
to be recovered in any such Action exceeds the Sum of Fifty
Pounds, or that any such Title as aforesaid is in question, or that
the Validity of any Devise, Bequest, or Limitation under any Will
or Settlement is in dispute in such Action, or that such Action is
for any Libel, Slander, or Criminal Conversation, and that such
Consent of the Parties had not been given and proved as after
mentioned, then the Court shall order all Proceedings in such
Action to be stayed, and it shall be in the Discretion of the Court
to award and order Costs against the Party commencing the same ;
and every such Order for Costs shall be and have the Effect of a
Rule of Court, and be enforced in like Manner as other Rules of
the Court ; provided also, that if both Parties shall i^ree, by a
Memorandum in Writing, signed by them or their Attoraies
respectively, and filed with the Registrar at the Time of the
issuing of the Summons in any Action, that the Court shall have
complete Jurisdiction over and Power to try any of the Actions
herein-before respectively mentioned, and the Jurisdiction as to
whicb is herein-before made to depend on the Consent of the
Parties, then and in such Case, but not otherwise, the Court
shall have Jurisdiction as aforesaid, and Power to try any such
Action.

V. The territorial Jurisdiction of the Court shall be co-
extensive with the City of Manchester mentioned in the said
Charter of Incorporation.

VL The Recorder for the Time being of the City shall be the
Judge of the Court.

VII. In case of the Illness or unavoidable Absence of the
Recorder, it shall be lawful for him, by Writing under his Hand
and Seal, to appoint from Time to Time any fit Person* being a
Barrister-at-Law of Five Years Standing, to be his Deputy, and
such Deputy, while acting under Buch Appointment, shall have
the like Powers and perform the like Duties as the Recorder would
have had and performed.

Vm. There shall be paid by the Council, out of the General
Fund of the Court, or out of the City Fund, to the Recorder, in
addition to the Salary of Five hundred Pounds now paid to sach
Recorder, an additional yearly Salary of Three hundred Pounds,
by equal half-yearly Payments, as a Remuneration for the addi-
tional Duties hereby directed to be executed by such Record^-.

IX All

A.D.1854. 17° & 18*> VICTORIiE. C.lxxxiy. 851

IX. All Rules, Motions, Orders, and all other Matters and Ordera, &c
Things (except the Trials of Issue of Law or of Fact) in any ?*y ^ ^^^
Way relating to the Business of the Courl^ may, subject to the ^^itoS^iiSlhe
Bules of Court, be made, sworn, or done either in Court or out AUence o?
of Court, before the Recorder or his Deputy, or in the Absence oi^ the Kecorder.
the Recorder or his Deputy, by or before the Registrar of the

Court or his Deputy, or before such other Person, being a Bar-
ri8ter*at-Law or Attorney of Five Years standing, as the Re-
corder shall appoint under his Hand and SeaL

X. The Court shall be holden for the Trial oi Issues of I^aw Oourts to be
and of Fact Six Times at least in each Year, and One of such ^^^** ^"^^
Courts shall be holden in every alternate Month in every Year, on ^ ^*
Days for that Purpose to be appointed by the Recorder.

XL The Court shall be holden for all Purposes within the Time and Place
Competency of the Court, except the Trial of Issues of Law or of ^ ordinary
Fact, at such convenient Place within the City as the Council 2^"^ ^
shall from Time to Time direct, and at such ^Hmes as the Re- ^^^^
oorder shall appoint, or as Her Majesty shall think fit to direct,
bas so that the Intervals between the holding of any Two such
Courts shall in no Case be more than Seven Days.

XIL Notice of the Days on which the Court will be holden for Notice of hold-
fdl Purposes within the Competency of the Court, except the ^S Conrts.
Trials of Issues of Fact or of Law, shall be put up in some con-
spicuous Place in the Office of the Registrar, and no other Notice
thereof shall be needed ; and whenever the usual Days of holding
the Court for the Purposes aforesaid shall be altered, Notice of
such intended Alteration, and of the Time when it will take place,
shall be put up in some conspicuous Place in the Registrar's
Office Three Months at least before such Alteration shall take
effect ; and the Registrar shall give public Notice of the Time and
Place of holding any Court for the Trial of Issues of Fact or of
Law Ton Days at the least before the holding thereof.

XUL It snail be lawful for the Recorder from Time to Time to Roles for regn-
make, alter, and revoke such Rules, for adapting, and, as so adapted, l><™g Coxat to
for applying to the Court, any Amendments or Alterations which ^1^2^ *^L
at any Time hereafter shall be made in the Practice or Proceed- ^5S min-
ings of the Superior Courts, whether the same Amendments or firmed'by
Alterations shall be made by Act of Parliament or Rule of Court, Judges, and in
and also for appointing the Times of holding the Court, for regu- accordance with
lating the Forms and Manner of Proceeding, and the Process, *^ ^®*"
Appearance, Practice, and Pleadings in the Court, and for set-
tling the reasonable Fees of the Attomies of the Court for Busi-
ness transacted therein, as shall from Time to Time ix> him seem
necessary and proper ; provided always, that such Rules, and any
Order for i*evoking or altering the «ame, shall be signed by the
Recorder ; nnd that no such Rules or Orders, except as herein-
after mentioned, shall be of any Force until they shall have been
allowed and confirmed by One of the Judges of any of the Su-
perior Courts ; provided also^ that such Rules shall be in accord-
ance with the Provisions of this Act.

XIV. It shall be lawful for the Council from Time to Time to Power to Coun-
appoint a fit Person, being an Attorney of One of the Superior cil to appoint a
Conrts, or who shall have duly served a Term of not less than ^"^'^ *
Five Years under Articles of Clerkship to some Attorney of One QqxoL and

3 12 of

852

C.lxxxiv.

17^ & 180 VICTOBIJE.

A.D.1854.

Serjcant-at-
Mace.

Penalties on
Re^ttrar for
acting impro-
perly.

Power to Conn-
cil to appoint
Clerks, Crien,
&c.

Begistrar may
appoint a
llepnty.

Begistrarand
Seijeant-at-
Mace to gire
Security.

of the Superior Courts, to be the Registrar of the Court* and to
dismiss and remove such Registrar at their Discretion ; and it
shall also be lawful for the Council from Time to Time to appoint
a fit and proper Person to be Seijeant-at-Mace of the City* irho
shall hold his Office during Pleasure, and shall execute all Process
of Execution issuing out of the Court, and do all other Matters
and Things with respect to the Court which a Sheriff of any
County can or ought to do with respect to the Superior Courts,
except so far as is inconsistent with the Provisions of this Act or
the Acts herein referred to^ and which said Serjeant-at-Mace shall
have all the Powers and Authority for such Purposes which a
Sheriff of a County now hath or shdl hereafter have with respect
to the Superior Courts, and, except as aforesaid, shall be subject
to the same Duties and Liabilities as a Sheriff of a County; and
such Serjeant-at-Mace may appoint and take Security from Bailifi
and Officers, and make his Warrants to Bailiffs and Officers^ who
may execute the Process of the Court ; and the Seijeant-at-Mace
shall be responsible to all Parties having delivered Process to
him, in all respects in which a Sheriff of a County is responsiMe
for the Act, Omission, Negligence, Misconduct, Miafeaaance, or
Nonfeasance of his Bailiff or Officer : Provided always, that
neither the Registrar, nor the Serjeant-at-Mace, nor any Officer
of the Court, shall, either by himself or his Partner or Clerk,
practise as an Attorney in the Court, nor act as Agent for any
other Attorney in the Court, nor be in any other Manner em-
ployed for any Party in any Proceedings in the Court .

XV. Every Person who, being the Registrar of the Court, or
the Partner of such Registrar, or other Person in the Service or
Employment of such Registrar or his Partner, shall in any Manner,
directly or indirectly, be engaged as Attorney or Agent for anj
Party in any Proceeding in the Court, shall for every such Offence
forfeit and pay the Sum of Fifty Pounds to any Person who shall
sue for the same in any of the Superior Courts by Action of Debt
or on the Case.

XYL It shall be lawful for the Council from Time to Time to
appoint and remove such Clerks, Criers, and other Persons as they
shall from Time to Time consider necessary for carrying on the
Business of the Court.

XYIL It shall be lawful for the Registrar (with the Appro-
bation of the Council) to appoint from Time to Time a Deputy,
and to remove such Deputy at his Pleasure, and such Deputj,
while acting under such Appointment, shall have the like Powers
and Privileges, and be subject to the like Duties and Penalties
for Misbehaviour, as if he were the Registrar of the Court; pro-
vided always, that the Persons who at the Time this Act shall
come into operation shall respectively be the Registrar, Seijeant-
at-Mace, Crier, Clerks, and Deputy Registrar, shall hold Uieir
respective Offices as if t)iey had been appointed under the Prori*
sions of this Act

Xyni. The Registrar and also the Seijeant-at-Mace shall,
when required by the Council, give to the Mayor, Aldermen, and
Citizens of the City Security in such Manner and Form as the
Council shall deem sufficient and direct to be given for the doe

Perform*

A.D.1854. n^ & 18» VICTOJlIiE. C.lxxxiv, 853

Performance'of the Duties of their respective Offices, and for the
due Payment of all Monies received by them respectively.

XIX. It shall be lawful for the Council, if they shall so think Payment of
fit, to direct the Payment to the Deputy appointed by the Recorder Salaries to

to hold the Ck)urt, as herein-before provided, of such Sum out of Sf^^^L'^"'^^'
the General Fund of the Court or out of the City Fund as the ^Jj^fit-
Council shall think fit, and the Council may also direct the Pay- Mace, &c.
ment of such Salaries or other Rem!:neration as they shall think
fit to the Registrar of the Court, and to the Seijeant-at-Mace, and
to such Clerks, Criers, and other Persons as may be appointed
under the Powers contained in this Act, either out of the General
Fund of the Court or out of the City Fund.

XX. Every Attorney of Her Majesty's Superior Courts shall, Attornies of
subject to the Rules of the Court, have full Liberty to practise as SuperiorCourts
an Attorney in the Court. ™*y practise.

XXI. The Council shall and they are hereby required to make Ck>uzicil to dc-
and settle a Table of the Fees to be taken by the Registrar and tennine Fees
the Serjeant-at-Mace and the other Officers of the Court, if any ; W**!*!* ^o
and such Table of Fees shall be submitted to One of Her Majesty's ^'I^of*"^
Principal Secretaries of State, and when such Table of Fees shall Coart
have been confirmed and allowed by such Secretary of State, ^

either as such Table shall have been submitted to him, or with
such Alterations, Additions, or Abatements as he shall think
proper, the Fees therein mentioned, and no other, may thence-
forth be lawfully taken by the Person therein named to be .en*
titled thereunto : th^ Tabic of Fees which shall bo in existence
at the Time this Act shall come into operation shall be and
remain the Table of Fees under this Act until some Change shall
be made (herein under the Provisions of this Act.

XXII. It shall be lawful for the Council, from Time to Time, Power to Coun-
as Occasion may require, to make a new Table of Fees, to be «l to alter Fee&
taken instead of the Fees contained in the Table of Fees which !^?" '^^^^ ^^
shall have been made as aforesaid, which new Table shall be *'"®'
confirmed and allowed in the Manner herein-before mentioned,

otherwise the same shall be of no Validity.

XXIIL The Registrar shall cause a true Copy of the Table of Table of Fees
Fees in force for the Time being to be hung up in a conspicuous to be haog up.
Part of the Court House, and in the Office of the Registrar.

XXIY. All Fees and Sums, of Money by the Table of Fees for Fees to be re-
the Time being required to be paid by the Suitors in the Court, cdved by the
except the Bailiffs Fees, shall be paid and accounted for by the ^^^uJ' "°^
Officers or Persons receiving the same to the Registrar, who shall account of
keep an Account of all Monies paid to and received by him, and certain Fund.
shall carry the same to an Account to be entitled ** The General
Fund of the City Court of Record."

XXY. The Registrar shall from Time to Time, as often as Registrar to
he shall be required so to do by the Council or the Treasurer of render Account
the City, and in such Form as the Council or Treasurer shall ^ Council or
require, deliver to them or him a full Account in Writing of the ^yow^'
Fees received in the Court, and a like Account of all Fines levied Monies as
by the Court, and of the Expense of levying the same, and a like Council shall
Account of the Monies paid into and out of Court by Defendants direct.
and Plaintiffs under any Order of the Court, or under any Levy
made under Process of the Court, and of the Balances then re-

3 13 maining

854

Clxxxlv.

17" & 18' VICTOIII^E.

A.D.1854.

Monies paid to
Treasurer to be
carried to ac-
count of *" The
General Fund
of the City
Court of Re-
cord."

Expenses of the
Court may be
paid out of the
City Fund.

All Powers,
&c. by Law
vested in Infe-
rior Courts of
Becord, in
which a Bar-
rister of Fire
Years standing
presides as
Judge, granted
to the City
Court of Man-
chester.

Process of
•Court to be
under Seal

No Privilege
allowed.

mainiDg in Court belonging to Plaintiffs or Defendants in the
Court ; and the Registrar shall pay over to the Treasurer of the
City, quarterly, or oftener in every Year, by Order of the Council,
the Monies remaining in his Hands over and above such Balance
as he shall be allowed by Order of the Council to retain for the
current Expenditure of the Court.

XXVI- The Monies to be from Time to Time paid over by the
Registrar to the Treasurer of the City shall be by such Treasurer
carried to &h Account to be entitled '^ The Greneral Fund of the
City Court of Record," and the Monies for the Time being consti-
tuting such Fund shall be invested in such Manner as the Council
shall direct ; and so much and such Part thereof as the Council
shall require shall be applied in or towards paying the Expenses
of establishing and carrying on the Court ; and any other Por-
tions of the said Monies may be from Time to Time carried to the
Greneral Account of the City, and be applicable and applied to the
General Purposes of the City, as Part of the City Fund.

XXYII. So much and such Part of the Expenses of establishing
and carrying on the Court as the Council shall not think it ex-
pedient to pay out of the General Fund of the Court shall be paid
by the Council out of the City Fund.

XXVin. All Powers, Authorities, Jurisdiction, and Privileges
which are now by virtue of any Public Greneral Act of Parliament
vested in and may be exercised by Inferior Courts of Record in
which a Barrister of not less than Five Years standing presides
as Judge, or which are vested in or may be exercised by the
Judge or any Officer of such Inferior Court of Record, shall be,
and the same Powers, Authorities, Jurisdictions, and Privileges
are hereby granted to and vested in, and may henceforth, in ad-
dition to the other Powers and Authorities granted by this Act, be
exercised by the Court and the Judge and Officers thereof respec-
tively, except in so far as the same may be in anywise inconsistent
with the Provisions of this Act ; and all the Provisions contained
in the said Act for the Regulation of Municipal Corporations in
England and Wales, and in the several Acts passed for the Amend-
ment thereof, and in the several Acts passed for the Administration
of Justice in Boroughs, and for regulating the Proceedings in the
Borough Courts of England and fVales, shall be applicable and
applied to the Court, except in so far as the same maj be in any-
wise inconsistent with the Provisions of this Act.

XXIX. All Summonses and other Process issuing out pf the
Court shall be sealed or stamped with the Seal of the Court ; and
every Person who shall forge the Seal or any Process of the
Court, or who shall serve or enforce any such forged Process,
knowing the same to be forged, or who shall deliver or cause to be
delivered to any Person any Paper falsely purporting to be a Copy
of any Summons or other Process of the Court, knowing the same
to be false, or who shall act or profess to act under any false
Colour or Pretence of the Process of the Court, shall be guilty of
Felony, and on Conviction be punished as on a Conviction for
Simple Larceny.

XXX. No Privilege shall be allowed to any Person to exempt
him from the Jurisdiction of the Court.

XXXI. Ko

A.D.1864. n^ & 18*^ VICTORIA. Glx^xiv. 855

XXXI. No Plea in Abatement for the Non-joinder of any Per- piea in Abate-
son as a Co-defendant shall be allowed in the Court, unless it shall ment fbr Non-
be stated in such Plea that such Person is resident within the Juris- jomder.
diction of the Court, and unless the Place of Residence of such
Person shall be stated with convenient Certainty in an Affidavit
verifying such Plea.

XXXn. Where any Subpoena ad testificandum, or any Process Witnesses out
in the Nature thereof, shall be issued by either Party in any Suit of Jurisdiction
depending in the Court, and the Party to whom the same shall be ™?y ^ served
iasued shall be residing outt)f the Jurisdiction of the Court, the ^^'^ Subpcena.
Service of such Subpoena or other Process in any Part of England
or fVales shall be as valid as if the same had been serred within
the Jurisdiction of the Court, and the Party at whose Instance
such Subpoena or Process was issued shall have all the same
Kemedics against the Person or Persons named therein, in case of
Non-attendance, as he would have had in case such Person or Per-
sons were resident within the Jurisdiction of the Court, and had
been duly served therein with such Subpoena or Process.

XXXIII. In case any Eule of the Court cannot be enforced by If Bules of
reason of tlie Non -residence of any Party within the Jurisdiction Court cannot
thereof, it shall be lawful, upon a Certificate of such Rule by the ^ enforced.
Judge or his Deputy, or by the Registrar or his Deputy, and an niade^ies of
Affidavit that by reason of such Non-residence such Rule cannot oneoftheSupe-
be enforced as aforesaid, to make such Rule a Rule of any One of nor Courts,
the Superior Courts, if such Superior Court, or any Judge thereof,

either in Term or Vacation,' shall think fit, whereupon such Rule
shall be enforced in the same Manner as a Rule of such Superior
Court may be enforced.

XXXIV. No Cause depending in the Court, and within the Causes not to
Competency thereof, shall bs removed by any Defendant, before ^ removed be-
Judgment therein, into any Superior Court, (except in pursuance ^^ Jn^:inent,
of a Judge's Order, as herein-after mentioned,) unless the De- judge's Order,
fendant, with Two sufficient Sureties, such as the Registrar of the or on Security.
Court shall allow, shall first become bound by Recognizance to the

Plaintiff in the Cause, as the Registrar shall direct, in a sufficient
Sam for the Payment of J;he Debt or Damages and Costs, in case
Judgment shall pass against the Defendant in the Superior Court,
or in the Court, in case the Cause shall be brougbt back by Pro-
cedendo : Provided always, that any Judge of any of the Superior
Courts may, in the Exercise of his Discretion, order a Writ of
Certiorari to issue to remove any such Cause depending in the
Court, into any of the Superior Courts, without such Surety as
aforesaid, and that such Cause may be removed into such Superior
Court accordingly.

XXXV. No Cause depending in the Court shall be removed, writs to re-
before Judgment therein, into any Superior Court, unless the Writ move Causes to
for removing such Cause shall have been lodged with the proper ^ ^?J^/^!i^"
Officer of the Court within One Calendar Month next after the ^^^ion
filing of the Declaration, and giving Notice thereof, nor unless such

Writ shall have been lodged with such Officer before such Action
shall have been entered for Trial according to the Practice of the
Court.

3 14 XXXVI. If

856

Clxxxiv.

17^ & 18» VICTOBI^

A-D.1854.

Penalty on
Offioera taking
Fees besides
those Fees
allowed.

Limitatiou of
Actions for
Proceedings in
execution of
this Act

Writs for Com-
mencement of
Actions.

Indorsement of
Debt and Costs
on Writ and
Copy, with
Notuiethat
Proceedings
will be stayed
on Payment
within Foot
Bays.

XXXYI. If any Officer of the Ccurt shall exact, take, or accept
anj Fee or Reward whatsoever, other than and except sach Fees
as are or shall be appointed or allowed respectively bj the Rules
of the Court, for or on account of anything done or to be done by
virthe of any Proceeding in or Process or Warrant issuing oat of
the Court, or on any account whatsoever relative to any Suit in
the Court, every such Person so offending shall, upon Proof thereof
before the Court, or upon Verdict or Judgment being had against
him in such Action, as next herein-after mentioned, be for ever
incapable of serving or being employed in any Office in the Court,
and shall also be liable for Damages, as herein provided ; and a
Copy of this Clause shall be attached to the Table of Fees hung
up as required by this Act.

XXXVII. All Actions and Prosecutions to be commenced
against any Person for anything done in pursuance of this Act
shall be commenced within One Year after the Fact committed, and
not afterwards or otherwise, and Notice in Writing of such Action
and of the Cause thereof shall be given to the Defendant One
Month at least before the Commencement of the Action ; and no
Plaintiff shall recover in any such Action if Tender of suffideot
Amends shall have been made before such Action brought, or if,
after Action brought, a sufficient Sum of Money shall have been
paid into Court, with Costs, by or on behalf of the Defendant

XXX\niL All the Provisions of " The Common Law Pro-
cedure Act, 1852," with respect to the Writs for the Commencement
of Personal Actions (except so far as relates to the Teste thereof
in the Name of a Judge), which are contained in the Sections namr
bered respectively Two, Three, Four, Five, Six, Seven, Eleven,
Twelve, Thirteen, Fifteen, Sixteen, Seventeen, Twenty, and
Twenty-five in the Queen's Printers Copies of the said Act, shall
extend and apply to the Court, but the said Section Number
Twelve shall be read as if the Words " according to the Provisions
of the said Act of His hite Majesty King fVUliam the Fourth'
had not been used therein, and the said Section Number Twenty-
five shall be read as if the Words <* the Defendant resides withm
the Junsdiction of the Court, and " had not been used therein ; and
all the said Sections shall be read as if the Word Registrar had
been used therein instead of the Word Master.

XXXIX. Every Writ of Summons issued for the Recovery of
any Debt, and every Copy of such Writ, shall be endorsed with
the Amount of the Debt, and the Amount of what the Plaintifrs
Attorney claims for Costs, and upon Payment thereof within Four
Days afUr Service of such Writ to the Plaintiff or his Attorney,
further Proceedings shall be stayed ; and the Amount of the Plain-
tiff's Costs to be endorsed on the Writ of Summons shall be abso-
lutely fixed by a Rule of the Court ; and if any Overchai^ge be
made by the Plaintifi's Attorney such Attorney shall pay the Costs
of any Application made to the Court to reduce the Amount to
the Sum fixed by the Rule of Court, and the Defendant shall be
at liberty to make such Application at any Time either before or
after such Payment : Provided always, that such Application shall
be made before the Plaintiff shall have taken his next Step in tlie

Cause;

A.D.1864. 17° & 18° VICTORLSJ. C.lxxxiv. 857

Canse ; and such Endorsement to be made as aforesaid shall be
written or printed in the following Form, or to the like Effect :

The Plaintiff claims Pounds for Debt, and

Pounds for Costs, and if the Amount

therec*^ be paid to the Plaintiff or to his Attorney within

Four Days from the Service hereof, further Proceedings

will be stayed.

XL. Every Writ of Summons shall be tested in the Name of the Teste of Writs.
Recorder, or, in case of a Vacancy in the Office of Recorder, in the
Name of the Mayor.

XLI. The Court may, if it shall think lit, in any Case where it Court may
shall satutfactorily appear by Affidavit that the Cause of Action order that the
arises within the Jurisdiction of the Court, order that the Writ Writ of Snm-
of Summons may be served in any Part of England or JVales^ servedmanv
and the Service of any Writ in pursuance of such Order shall bo p,^ ^ Eng-
as valid and effectual as if the same had been served within the land or Wales;
Jurisdiction of the Court ; provided that a Copy of such Order
shall be served at the Time of the Service of such Writ of Summons.

XLII. In all Cases where an Order of the Court shall be made All further
under the last preceding Section, all Proceedings in the Cause ^^^^''^SLS.
shall be had and taken as if the Defendant had been duly served ** ^oMmi.

with the Summons within the same Jurisdiction.

XLin. A Defendant served with a Process in any Action in Proceedings to
the Court may, at any Time before Declaration filed, apply to the ^ stayed in
Court to stay Proceedings, on his entering into such Confession, c®*^*"^ Cases,
and undertaking for the giving of Judgment, as herein-after men-
tioned, and the Court on such Application may, in its Discretion,
stay the Proceedings in such Action, on the Defendant entering
into a Rule of the Court by which he shall confess the Debt so
endorsed on the Writ, and by which he shall undertake and agree
that Judgment shall pass against him on such Confession for the
Debt endorsed on the Writ, and Costs, to be taxed, on Nonpay-
ment by him of the Debt and Costs at such Period or Periods
not exceeding Three Months in the whole, unless the Plaintiff
shall consent to a longer Time, and by Instalments or otherwise
as to the Court or Officer may seem proper under the particular Cir-
cumstances of the Case, and which Period or Periods, Instalment
or Instalments, shall be specified in the said Rule, together with
such Terms as the Court may think proper to impose on the De-
fendant on granting such Application ; and if such Debt and Costs
so endorsed as aforesaid, or such Instalments, or any of them, are
not paid at the Time or any of the Times in such Rule specified,
the Plaintiff may sign final Judgofent on such Confession as afore-
said for the Debt so endorsed on the said Writ^ with Costs of Suit,
to be taxed, and may forthwith issue Execution for the whole of
such Debt remaining due at the Time of issuing the same and
Costs, as last aforesaid.

XLIV. A Defendant may, on such Application as aforesaid, proceeduigs on
have Leave to confess in manner aforesaid any Part of the Debt Defendant con-
endorsed on the said Writ, if such Part, on the Hcai'ing of the fessing Fart of
Appplication^ shall appear to be all that is bond fide due and owing ^^^
to the Plaintiff ; and the Court may make such Order or Rule

and

858

Clxxxiv.

17* & 18* VICTORIA.

A.D.1854.

Appiieatioiis
without Ap-
pearance.

Modeof olject-

ingtothe

Jarisdiction.

Appearances
and Proceed-
ings in default
of Appearance.

Costs of Jodg-
menttobe
fixed by Regis-
trar.

16 & 16 Vict
c. 76. as to
Joinder of Par-
ties extended to
the Court

and give sacb Time as aforesaid, and may in sach Case award
Costey or not, in its Discretion ; or if on such Application as last
aforesaid the Parties shall not agree as to the Amount, but the
I^aintiff shall claim a farther Sam than the Defendant is willing
to confess, then the Defendant maj in manner aforesaid confess
the Sum which he is so willing to confess as aforesaid, and the
Court jnaj make such Order or Rule and give such Time as afore-
said with respect to the Sum which he shall so confess ; and the
same Proceedings, including the signing of Judgment on Confes-
sion, and issuing of Execution, shall take place on such Confes-
sion, with respect to the Sam so confessed, as in the Case where
the whole Sum endorsed on the Writ is confessed as aforesaid ;
and the Plaintiff shall be allowed to declare for anj further Amount,
but shall in his Particulars of Demand give Credit for, and shall
not on the Trial of the Cause be allowed to proceed for, anj Part
of the Sum so confessed as aforesaid.

XLY. All such Applications and Proceedings thereon maj be
made and take place without anj Appearance being entered.

XLVL No Defendant shall be permitted to object to the Juris-
diction of the Court in or bj any Proceeding whatsoever, except
by Plea, and if the Want of Jurisdiction be not pleaded the Court
shall have Jurisdiction.

XL VII. All the Provisions with respect to the Appearance <^
the Defendant, and Proceedings of the Plaintiff in default of
Appearance, contained in the Sections of ^' The Common Law
Procedure Act, 1852,'* numbered Twenty-six, Twenty-seven,
Twenty-eight, Twenty-nine, Thirty, Thirty-one, Thirty-two^
and Thirty-three in the Queen's Printer's Copies of the said Act,
except such as relate to the Sum for Costs of a Judgment, to be
fixed by the Judges and Master of the Superior Courts, shall
extend and apply to the Court; and in reading the Twenty-
seventh and Twenty-eighth Sections of '' The Common Law Pro-
cedure Act, 1862," as so extended, the Expressions ** Judge's
Order," in the same Sections respectively, shall mean an Order
of the Court as well as an Order of the Judge, and in reading
the Twenty-eighth Section the Words ''in the event of no Plea
being delivered " shall be read as if the said Words had been ''in
the event of no Plea being filed," and Section numbered Thirty,
as applied to the Court, shall be read as if the Words " Master'ti
Office" had been Registrar's Office, and as if the W(Mrds "Plead-
ings and other" had not been used therein.

XLVIII. The Sum for Costs for which Judgment may he
signed and Execution had under the Twenty-seventh and Twentj-
eighth Sections respectively of "The Conunon Law Procedure
Act, 1852," shall be fixed by the Registrar, subject to the Approval
of the Recorder and of One of the Masters of the Court of Queen's
Bench at fFestminster.

XLIX. All the Provisions with respect to the Joinder of Parties
to Actions which are contained in the Sections of " The Common
Law Procedure Act, 1852," numbered Thirty-four, Thirty-five,
Thirty-six, Thirty-seven, Thirty-eight, Thirty-oiine, and Forty,
in the Queen's Printer's Copies of the* said Act, shall extend and
apply to the Court.

And

A,D.1854. 17" & 18° VICTORIES. CAxaiv. 639

And with respect to Joinder of Causes of Action : Joinder qf

L. Causes of Action, of whatever kind, except Ejectments, may Cauw of
be joined in the same Suit, provided they be by and against the Actum,
same Parties and in the same Rights ; but the Court shall have ^.^ 7^
Power to prevent the Trial of different Causes of Action toge- of Action may
ther, if such Trial would ba inexpedieot, and in such Case the be joined ; but
Court may order separate Records to be made up and separate separate Trials
Trials to be had. maybe ordered.

LL All the Provisions with respect to the Determination of Questions by
Questions raised by Consent of the Parties without Pleading Consent with-
which are contained in the Sections of " The Common Law ^^^ Pleading.
Procedure Act, 1852,*' numbered Forty-two, Forty-three, Forty-
four, Forty-five, Forty-six, Forty-seven, and Forty-eight, in the
Queen's Printer's Copies of the said Act, shall extend and apply
to the Court, and in reading the Forty-second and Forty-sixth
Sections of the said Act as so extended the Expression '' Order
of a Judge " in the same Sections respectively shall include an
Order of the Court as well as an Order of the Judge.

m. The Parties in any Action may, after Issue joined, by A Special Case
Consent, and by Order of the Court, state the Facts of the Case may be stated
in the Form of a Special Case, for the Opinion of any One of the ^ ^ tW^\.
Superior Courts, and may agree that a Judgment shall be entered n^i^p* ^ '
in the Court for the Plaintiff or Defendant, as such Superior
Court may think fit.

LIIL The Registrar shall transmit such Special Case, under Special Case to
the Seal of the Court, to the Rule Department of the Master's ^ ^S^*^
Office of the Superior Court in which the Case is to be argued, ^^ ^ the^ule
and thereupon all such Proceedings shall be taken, and Rules and Department.
Regulations observed, in the Superior Court, as are usual with
reference to Cases stated for the Opinion of such Superior Court
in Actions therein pending.

LIV. The Registrar, upon the Production of an Office Copy WhenJudgment
of the Rule of the Superior Court, made upon hearing the said ^ ^ entered.
Special Case, shall enter Judgment in the Court in conformity
with the Decision of the Superior Court.

LY. All the Provisions with respect to the Language and Form Pleadings in
of Pleadings in general which are contained in the Sections of genoral.
"The Common llftw Procedure Act, 1862," numbered Forty-nine,
Fifty, Fifty-two, Fifty-three, Fifty-four, Fifty-five, Fifty-six, and
Fifty-seven in the Queen's Printer's Copies of the said Act, shall
extend and apply to the Court

LYI. No Pleading shall be deemed insufficient for not contain- Objections by
ing an Averment that any Matter therein pleaded arose within the ^ay of Special
Jurisdiction of the Court, nor for 'any Defect which could here- I>em«rrer taken
tofore only be objected to by Special Demurrer. *^*^'

LVn. All the Provisions with respect to the Time and Manner Declaration and
of declaring, and to Particulars of Demand, which are contained ^rticulars of
in the Sections of " The Common Law Procedure Act, 1852," ^™«^^
numbered Fifty-eight, Fifty-nine, Sixty, and Sixty-one in the
Queen's Printer's Copies of the said Act, shall extend and apply
to the Court, but the said Section Sixty -one shall only apply where
the Actions therein mentioned shall be within the Cognizance of
the Court

LVm. All

860

Clxxxiv.

17" & IS-* VICTORLS.

A.D.1854*

Fleas and mib*
feqoent Plead,
iogs.

Defendant to
Jead in Eight

plei
Da^

Fleas Pttis
darrein oonti-
nnanoe, when
and how to be
pleaded.

Money, how
paid into Court

Examples of
Pleadings.

Adminkm of
Docmments,

As to Admission
Docnments.

Production and
Inspection of
Documents.

LYIII. All the ProvUions with respect to Fleis and sobeequent
Pleadings which are contained in the Sections of ** The Commoa
Law Procedure Act, 1852/' numbered Sixty-two, Sixtj-lbur,
Sixty-five, Sixtj-six, Sixty-seven, Six^-eight, Seventy, Serenty-
one, Seventy-three, Seventy-four, Seventy-five, »eventy-6ix.
Seventy-seven, Seventy-eight, Seventy-nine, Eighty, £ighty-one^
Eighty-three, Eighty-four, Eighty-five, Eighty-six, Eighty-seven,
Eightj-eight, Eighty-nine, and Ninety, in the Queen's Printer's
Ck)pie8 of the said Act, shall extend and apply to the Court, bat
the Word ^ delivered" in the said Eighty-ninth Section shall be
read as if the same had been '* filed."

LIX. The Time for Pleading in Bar, unless extended by the
Court, Judge, or Registrar, sh^l be Eight Days; and a Notice
requiring the Defendant to plead in Eight Days, or otherwise
Judgment, shall be served on the Defendant or his Attorney.

LX. In Cases in which a Plea Puis darrein continaanoe has
heretofore been pleadable in the Superior Courts, the same
Defence may be pleaded in this Court, with an Allegation that
the Matter arose after the last Pleading ; but no such Plea shall
be allowed unless accompanied by an Affidavit stating that the
Matter thereof arose within Eight Days next before the pleadij^
of such Plea, or unless the Court or Becorder shall otherwise
order.

LXL Where Money is paid into Courts it shall be pud to the
Registrar, who shall give a Receipt for it in the Margin of the
Plea, which Receipt shall not be liable to any Stamp Duty, and
the said Sum shall be paid out to the Plaintiff, or to his Attorney,
on Demand.

LXIT. The Provisions with respect to the Statement of Causes
of Action and Forms of Pleading contained in the Ninety-first
Section and Schedule (B.) of the Queen's Printer's Copies of ** The
Common Law Procedure Act, 1852," shall extend and apply to the
Court

And with respect to the Admission, Production, and Inspection
of Documents :

LXIIT. All the Provisions with respect to the Adroisaon of
Documents which are contained in the Sections of ** The Com-
mon Law Procedure Act, 1852," numbered One hundred and
seventeen. One hundred and eighteen, and One hundred and
nineteen, in the Queen's Printer's Copies of the said Act, ^aD
extend and npply to the Court.

LXIV. In any Action or other legal Proceeding in the Court
the Court or Judge maj, on Application made for such Purpose
by either of the Litigants, compel the opposite Party to allow the
Party making the Application to inspect all Documents in the
Custody or under the Control of such opposite Party, relating to
such Action or other legal Proceeding, and, if necessary, to take
examined Copies of the same, or to procure the same to be duly
stamped, in all Cases in which, previous to the passing of this
Actv a Discovery might have been obtained by filing a Bill, 6r by
any other Proceeding in a Court of Equity, at the Instance of the
Party so making Application as aforesaid to the Court or Re-
corder ; but nothing in thb Section contained shall apply to any

Action

A.D.1854. !?• & 18- VICTORIjE. C-kxxiv. 861

Action for Criminal Conversation when cognizable hj the Court,
or to any Action for Breach of any Promise to marry.

LXV. All the Provisions with respect to Judgment bj Default, Judgment by
and the Mode of ascertaining the Amount to be recovered there- I>efkult
upon, which are contained in the Sections of '^ The Common Law
Procedure Act, 1852," numbered Ninety-two, Ninety-three,
Ninety-four, Ninety-five, and Ninety-six in the Queen's Printer's
Copies of the said Act, shall extend and apply to the Court Judgment for

And with respect to Judgment for Default in not proceeding to Default

Trial : Plocc^nir *

LXVI. Where any Issue is or shall be joined in any Cause, ^^^ll^p^ntitf
and the Plfuntiff haa neglected or shall neglect to bring such neglects to
Issue on to be tried at or before the Second Court for the Trial bring Iwue>on
of Issues next after Issue joined, whether the Plaintiff shall in the ^o ^ ^i^
meantime have given Notice of Trial or not, the Defendant may
give Ten Days Notice to the Plaintiff to bring the Issue on to be
tried at the Court for the Trial of Issues next after the Expiration
of the Notice; and if the Plaintiff afterwards neglect to give
Notice of Trial for such Court, or to proceed to Trial in pur-
saance of the said Notice given by the Defendant, the Defendant
may enter the IVoceedings on Record, and suggest thereon that
the Plaintiff has failed to proceed to Trial, although duly required
BO to do (which Saegestion shall not be traversable, but only be
subject to be set aside if untrue), and may sign Judgment for his
Costs ; provided that the Court shall have Power to extend the
Time for proceeding to Trial, with or without Terms,

LXVII. Nothing herein contained shall affect the Right of a Defendant's
Defendant to set down a Cause for Trial, after Default by the Right to try
Plaintiff to proced to Trial, according to the Course and Practice ^? ^'^IL?^
of the Court; and if Records are entered for Trial both by the ^^^
Plaintiff and the Defendant, the Defendant's Record shall be ^
treated as standing next in O^er after the Plaintiff's Record in
the List of Causes, and the Trial of the Cause shall take place
accordingly.

With respect to Juries : Jwries,

LXVIII. Every Person, being a Citizen of the City, (unless he

shall be exempt or disqualified otherwise than in respect of J^*^^^
Property from serving on Juries by virtue of an Act passed in ^'*''*'*'
the Session of Parliament held in the Sixth Year of the Reign of
King George the Fourth, intituled An Act for consolidating and ^ C^. 4. c. 60.
amending the Laws relative to Jurors and Juries^ as the same Act
has been altered by the Act for the Regulation of Municipal Cor-
porations, herein-before referred to,) shall be qualified and liable
to serve upon Juries for the Trial of all Issues of Fact joined in
the Court.

LXIX. The Town Clerk of the City shall once in every Year, . q^^j ©f the
witliin Seven Days after the Citizens Roll shall have been made Ciuxens Boll to
up, deliver a written or printed Copy of such Roll, signed by him, be deliyered to
to the Registrar, without the Payment of any Fee for the same. Begistrar.

LXX. Previously to the holding of any Court for the Trial of Begistrar to
Issues of Fact the Registrar shall cause to be summoned not less summon Jury,
than Thirty-six nor more than Sixty Persons so qualified and liable
as aforesaid to serve as Jurors at the holding of such Court ; and

such

862 C Ixxxiv. 17* & 18« VICTORIA AJJ.1854.

sndi Summons shall be made by showing to ihe Person to be smn-
moned, or in case he shall be absent from the nsnal Plaee of his
Abode or Business, then by leaving with the Wife or Serrant of
such Person or with any Inmate at his usual Place of Abode or
Business a Notice containing the Substance of sudi Summons ; and
the Registrar shall make out a Panel of the Persons so summoned,
and such Panel shall contain therein the Christian Namee and Sur-
names and Places of Abode and Descriptions of the aeTeral Persons
therein named.
Fine on Jnron LXXI. If any Person, having been duly summoned to attend oa
foft Non-sttend- any Jury, whether common or special, shall not attend in parsnaDce
^>^<^ of such Summons, or, being thrice called, shall not answer to his

Name, or after his Appearance shall wilfully withdraw himself
£rom the Presence of the Court, the Judge shall impose such Fine
upon every Person so making default (uidess some reasonable Ex-
cuse shall be proved to the Satisfaction of the Judge) as the Judge
shall think meet ; and if any Person on whom such Fine shall be
imposed shall refuse to pay the same to the R^istrar, it -shall be
lawful for the Judge, then, or at the next or some subsequent Sit-
ting of the Court, by an Order signed by the Registrar, to cause to
be levied by Distress and Sale of the Goods- of the Person on whom
such Fine shall have been imposed every such Fine, and the reason-
aUe Charges of every such Distress and Sale; and every Fine so
received shall be paid to the R^ristrar, to be by him carried to the
Account of the Greneral Fund of the Court; provided nevertheless^
that no Person shall be summoned to serve as a Juror at the Court
oftoner than once in One Year, unless every Person qualified and
liable so to serve shaU have been summoned once 'during that
Year.
Members of the LXXIl. Every Member of the Council, and every Justice, and
Council, &c the Treasurer and Town Clerk for the Time being of the City of
exempt from Manchester, and the said Serjeant-at-Mace, and the Registrar, and
serrmg on gU other Officers of the Courts shall be exempt and disqualified from

Junes. serving on any Jury summoned for the Trial of Issues of Fact in

the Court.

If a fiill Jury LXXIQ. If a full Jury shall not appear before the Courts or if,

shall not ap- after the Appearance of a full Jury, by Challenge of any of the

P*"*^ aw Parties, the Jury is likely to remain unteken for I^fault of Jurors,

g*3J^ ^y the Court, upon Request made by the Parties, Plaintiff or Defen-

Court im^ dtunt, or their respective Attomies, shall command the Registrar

Older Jury to to name and appoint, as often as need shall require, so mxiny of

be made from such other Citizens then present as shall make up a full Jury ; and

Persons pre- the Registrar shall at such Command of the Court return such

■^*' Citizens as shall be present or can, be found to serve on such Jury,

and shall add and annex their Names to the former Panel ; and sdl

and every the Parties aforesaid shall and may in each of the Cases

aforesaid have their respective Challenges to the Jurors so newly

added and annexed ; and the Court shall proceed to the Trial ci

every such Issue with those Jurors who were before empannelled,

together with the Talesman so newly added and annexed, as if all

the said Jurors had been so returned upon the Writ or Precept

awarded to try the Issue.

^-^er to Ck>urt LXXIV'. In nny Case in wlrich it shall appear to the Court

^raView, proper and necessary that some of the Jurors who aro to try any

Issue

A.Da854. 17^ & 18" VICTORIiE. C.lxxxlv. 863

Issne joined in such Case should have a View of any Place which if thought
may be in question on the Trial of such Issue, in every such Case necessary.
the Court n\ay order a Rule to be drawn up containing the usual
Terms, and also requiring, if such Court shall so think fit, the
Party applying for the View to deposit in the Hands of the Re-
gistrar a Sum of Money to be named in the Rule, for Payment of
the Expenses of the View ; and all the Provisions with respect to
a View contained in the Section of ** The Common Law Procedure
Act, 1852,'' numbered One hundred and fourteen in the Queen's
Printer's Copies of the same Act, shall extend and apply to the
Court ; and the said Section so applied shall be read as if the
Word '* Sheriff " therom had been '' Registrar," and as if the Words
« and shall also return their Names to the Associate for the Pur*
^ pose of their being called as Jurymen upon the Trial" had not
been used therein.

LXXV. If there shall be Cross Judgments between the Parties, Crois Jadg-
£zecution shall be taken ont by that Party only who shall have ments.
obtained JudgAient for the larger Sum, and for so much only as
shall remain after deducting tiie smaller Sum, and Satisfaction
for the Remainder shall be entered as well as Satisfaction on the
Judgment for the smaller Sum, and if both Silms shall be equal
Satisfaction shall be entered upon both Judgments.

• LXXVI. All the Plrovisions with respect to Executions which 15 & 16 Vict.
are contained in the Sections of ^* The Common Law Procedure c 76. as to
Act, 1852," numbered One hundred and twenty-three and One Executions ex-
hundred and twenty-six in the Queen's Printer's Copies of the tended toCourt
said Act, shall extend and apply to the Court.

LXXVIL All Writs of Execution shall be sealed by the Re- Frovislons for
gistrar, and directed to the Serjeant-at-Mace, or to any other iwuingandie-
Offioer named in the Writ, and may be made returnable imme- 5f^^«.writ«of
diately after the Execution thereof, provided that a Writ of Exe- ^3SiS
CQtion issued after the Conunencement of this Act» if unexecuted, Precedence
shall not remain in force for more than the Time to be limited thereof,
by a Rule of Court in that Behalf, unless renewed in the Manner
herein-after provided ; but such Writ may at any Time before its
Expiration be renewed by the Party issuing it for the like Time
fixnn the Date of such Renewal, and so on from Time to Time
during the Continuanceof the renewed Writ, either by being marked
with a Seal bearing the Date of the Day, Month, and Year of such
Renewal, (such Sefd to be provided and kept by the Registrar for
such Purpose,) or by such Party giving or filing a written Notice
of Renewal to or at the Office of the Seijeant-at-Mace, signed by
the Party or his Attomey» and bearing the like Seal of the Court,
which said Notice the said Seijeant-at-Mace is hereby required ;tp
£le^ and a Writ of Execution so renewed shall take effect and be
entitled to Priority according to the Time of the original Delivery
thereof.

LXXVIII. The Production of a Writ of Execution, or of the Production of
Notice renewing the same, purporting to be marked with such Seal reiwwed Writ^
showing the same to have been renewed according to this Act, 5^*"^ ^
shall be sufficient Evidence of its having been so renewed. BenewaL

LXXIX. Any Person already in Custody in the Gaol of the Detention of
City or in any Prison for the Reception of Debtors in the County Persons in
of Lancaster may be charged and detained in Execution by an Custody.

Order

864

Clxxxiv.

17^&18-VICTORIJE.

A.D.1854.

BevicaJqf
JudgmenU,

Proceedings to
revise.

Death, Maiw
riage, and
Baolunptcy.

ArreiCof Jodg-
mentandJndg-
ment noD ob«
stante veredicto.

Judgment and
Execution, ffc.

When Coflts
may be taxed
and Execution
ifBoed.

Order of the Court for that Purpose, made on AfBdayit that a
Judgment in the Court has been signed, and is not satisfied, and
the Service of such Order upon the Keeper of such Prison for
the Time being shall have the Effect of a Detainer For such un-
satisfied Judgment.

And with respect to the BeviTal of Judgments :

LXXX. All the Provisions with respect to Proceedings for the
Revival of Judgments, and other Proceedings bj and against Per-
sons not Parties to the Record, which are contained in the SectioDs
of *• The Common Law Procedure Act, 1852," numbered One hun-
dred and twentj-eight, One hundred and twentj-nine. One hundred
and thirty. One hundred and thirty-one, One hundred and thirtj-
two. One hundred and thirty-three, and One hundred and thirty-
four in the Queen's Printer's Copies of the said Act (except so
much of the said One hundred and thirty-first Section as relates to
the Venue in a Declaration upon a Writ of Revivor) shall extend
and applj to the Court ; but the sjud Section One hundred and
thirty- two, as so applied, shall be read as if the Words ^or for
the Recovery of Land taken under an Elegit*' had not been used
therein.

LXXXL All the Provisions with respect to the Efiect of Death,
Marriage, and Bankruptcy upon the Proceedings in an Action
which are contained in the Sections of ** 'Vhe Common Law 'Fro-
cedure Act, 1862," numbered One hundred and thirty-fivCp One
hundred and thirty-six, One hundred and thirty-seven, One hun-
dred and thirty-eighty One hundred and thirty-nine, One hundred
and forty. One hundred and forty-one, and One hundred and forty-
two in the Queen's Printer's Copies of the said Act, except the
Words **Two Terms" in the said One hundred and thirty-ninth
Section, shall extend and apply to the Court ; and the said Section
numbered One hundred and thirty-nine shall be read as if tha
Words ** Three Months " had been used therein instead of the
Words *^ Two Terms ;" and the said Section One hundred and
thirty-eight, as so applied^ shall be read as if, instead of the Words
^ shall be served together," the Words *' shall be filed together *
had been used ; and the said Section One hundred and forty-two^
as so applied, shall be read as if, instead of the Words *' Judge's
Order," the Words " Order of the Court or Recorder" had been
used, and as if, instead of the Words ''Judge may order," the
Words " Court or Recorder may order," had been used therein.

LXXXIL All the Provisions with respect to the Proceedin(^
upon Motions to arrest the Judgment and for Judgment nam
obstante veredicto, which are contained in the Sections of ^ The
Common Law Procedure Act, 1862," numbered One hundred
and forty-three. One hundred and forty-four, and One hundred
and forty-five, (except such Part of the Section numbered One
hundred and forty-three in the said Act as relates to a Motion in
arrest of Judgment., pursuant to the First of WilOam the Fourth,
Chapter Seven,) shall extend and apply to the Court.

And with respect to Judgment and Execution, and to granting
new Trials, and entering Nonsuits and Verdicts :

LXXXin. The Costs may be taxed by the R^strar, and final
Judgment signed and Execution issued on any Day subsequent to

the

A.D.1854. 17^&18» VICTORI.*:- C.lxxxiv. 865

the Day on which the Issue maj have been tried or the Inquirj
executed ; provided, that the Recorder or the Court may in either
of such Cases order Proceedings to be stayed for such Time and
on such Terms as he or it may deem fit.

LXXXIV. The Judge may appoint and hold a Court for the Judge may hold
Trial of Issues of Law only at any Place either within or out of Courts for Trial
the Jurisdiction, of which Court, and the Time and Place of hold- of Issues of
ing the same, Ten Days previous Notice shall be given by tho ^ °°^^*
Registrar to the Parties or their Attornics, through the Post or
otherwise.

LXXXV. The Recorder may, at any Time within Twenty-one Power to the
Days after the Trial of any Cause, and whether the Court be sit- Recorder, when
ting or not, and either when within or when out of the Jurisdiction ^^^ °^ mL^^*^*
of the Court) hear and grant Applications, for Rules to show Cause ^^ ^^^
in arrest of Judgment, or for Judgment non obstante veredicto, or
for a Repleader, or for granting now Trials, or for entering Non-
suits and Vcrdic.ts in Causes pending in the Court, to the same
Extent, and subject to the same Rules, Regulations, and Manner
of proceeding, as in the Superior Courts ; and all Rules and Orders
made by him upon the Hearing of such Motions out of Court shall
be as valid and binding upon the Parties as if the same had been
made during the sitting of the Court.

LXXXVI. If upon the Trial of any Issue the Recorder shall Rules to enter
grant Leave to the Plaintiff or Defendant to move in any One of yf"^*^*\^^®
the Superior Courts to set aside a Verdict or Nonsuit, and to enter J^^^of tj ^"^^
a Verdict for the Plaintiff or Defendant, or to enter a Nonsuit, or Conrtsof West-
to arrest the Judgment, or for Judgment non obstante veredicto^ as minster, by
the Case may be, or for a new Trial, the Party to whom such Leave Leave,
may have been given may apply by Motion to such Superior Courts,
within such Period of Time after the Trial as Motions of the like
kind shall from Time to Time bo permitted to be made in such
Superior Court, for a Rule to show Cause why such Verdict or
Nonsuit should not be set aside, and a Verdict entered for tho
Plaintiff or Defendant, or a Nonsuit entered, or the Judgment
arrested, or Judgment non obstante veredicto entered, or why a new
Trial should not be had, as the Case may be, in such Action, which
Superior Court is hereby authorized and empowered to grant or
refuse such Rule, which Rule, when granted, shall operate as a Stay
of Proceedings until the Determination thereof, and afterwards to
proceed to hear and determine the Alerits thereof, and to make such
Orders thereupon, and as to the Costs, ns the same Court shall think
proper \ and in case such Court shall order a new Trial to be had
in any such Action, the Party obtaining such Order shall deliver
the same, or an Office Copy thereof, to the Registrar of the Court,
and thereupon all the Proceedings on the former Verdict or Non-
suit shall cease, and the Action shall proceed to Trial, according
to the Practice of the Court, in like manner as if no Trial had been
had therein; or in case the Court before whom such Rule shall be
heard shall order the same to be discharged, the Party obtaining
any such Order may, upon delivering the same or an Office Copy
thereof to the Registrar, be at liberty to proceed in any such Action
as il no such Rule Nisi had been obtained ; and if a Verdict be
ordered to be entered for the Plaintiff or Defendant, or a Nonsuit
be ordered, or Judgment be ordered to be arrested, or Judgment

17 & 18 Vict. 3 K nam

866 C.lxxxiv. n^ & 18° VICTORLE. A.D.1854.

non obstante veredicto be ordered to be entered, as tLe Case may
be, Judgment shall be entered accordingly : the Proceedings to eet
aside the Verdict and order a new Trial to be had, or to enter a
Verdict for either Party, according to Leave reserved at the Trial,
shall be the same as in ordinary Cases.
Power of grant- LXXXVIL Nothing herein contained shall prevent the Coort
ing new Trials, or the Recorder from granting any new Trial, or setting aside
any Nonsuit, or entering a Nonsuit, or altering a^ Verdict, as
heretofore.
New Trials LXXXVIII. It shall be lawful for any Party to any Suit in

may be moved the Court, who shall bo dissatisfied with any Verdict or Judgment
for in the Supe- given, or any Nonsuit entered against him, in any Action which
rior Courts, on gh^H have been tried in the Court, to apply, within One Month
^^m Condi- ^^^^^ ^^^^^ ^^^y^ Verdict or Judgment given or Nonsurt entered, to
any of the Superior Courts, or to any Judge of any of the said
Courts, for a Rule to show Cause why a new Trial of such Action
should not be granted, or Nonsuit set aside and a r.e>v Trial granted,
or a Verdict entered, or Judgment for the Plaintiff or Defendant,
or a Nonsuit entered, as the Case may be, in the same Manner as
is customary in Actions depending in the Superior Courts^ and tried
at Nisi Prius before any Judge of Assize, by virtue of any Record
in any of the Superior Courts ; and thereupon it shall be lawful
for any of the Superior Courts, or any Judge of One of the Superior
Courts, to grant such Rule, and to hear and determine the Merits
of the same, in like Manner as in Actions depending in the Su-
perior Courts, and tried as aforesaid ; and in case anj' of the
Superior Courts, or any Judge of One of the Superior Courts, shall
make the Rule absolute, which they are severally empowered to
do, upon such Terms as they shall respectively think ri*asonable,
then, on Delivery of an Office Copy of such Role by the Partj
who shall have obtained the same to the.Registrar of the Couii;, all
Proceedings upon the former Verdict, Judgment, or Nonsuit so
obtained in the Court shall cease, and the said Action shall proceed
anew to a Trial in the Court, or a Verdict or Judgment for the
Plaintiff or Defendant, or a Nonsuit, shall be entered, according
to the Tenor of such absolute Rule : Provided alwaj s, that it shall
not be lawful for any Party to move for any such Rule, nor shall
any such Rule be of any Force, unless and until the Party intend-
ing to apply for such Rule shall become bound by Recognizance,
with Two sufficient Sureties, to be approved by the Registrar, in
such reasonable Sums as he shall deem sufficient for the Security
of the Party against whom such Rule is to be applied for, that the
Party intending to apply for such Rule will, in case such Rule is
nof granted, or in case it be granted, and not made absolute, pay
the Debt, Damages, and Costs, or the Damages and Costs, or
Costs, as the Case may be, adjudged or to be adjudged, and all
Costs incuiTed by the other Party in showing Cause against the
Rule; provided, that no Proceedings upon such Verdict, Judg-
ment) or Nonsuit shall be stayed, where such Application is not
made by Leave of the Judge, until such Security shall have been
given, but the giving of such Security shall operate as a Stay of
Proceedings until the Expiration of the said Month, and until the
Decision of the Rule, in case such Rale to show Cause be gimnled
within such Month; but when the Application ahali be made fcj

Leavo

A.D.1854. 17« & 18« VJCTORIiE. C.lx^^^dv. 867

Leave of the Judge such Leave shall (^rate as a Stay of Proceed-
ings for One Month.

LXXXIX. In all Cases where finalJudgmcnt shall be obtained Removal of
in any Suit brought in the Court, and also in all Cases where any Judgmcnto ia
Rule or Order shall be made by the Judge for the Payment of ^® Superior
any Sum of Money, or any Costs, Charges, or Expenses, it shall ^^^"^
be lawful for any Judge of any of the Superior Courts^ either in
Term or Vacation, upon the Application of any Person entitled
to the Benefit of such Judgment, Rule, or Order, and upon the
Production of Kuch Judgment or Order, under the i^eal of the
Court and Signature of the proper OfiGicer, to direct such Judg-
ment or Order to be removed into the Superior Court ; and there-
upon such Judgment, Rule, or Order shall be of the same Effect
as a Judgment recovered in or a Rule or Order made by such
Superior Court, and all Proceedings shall and may be immediately
bad and taken thereupon, or by reason or in consequence thereof,
as if such Judgment so recovered or Rule or Order so made had
been originally recovered in or made by the Superior Court, and
all the reasonable Costs and Charges of such Application and
Removal shall be recovered in like. Manner as if the same were
Part of such Judgment, Rule, or Order ; provided always, that no
Judgment, Rule, or Order so removed shall affect any Lands,
Tenements, or Hereditaments, as to Purchasers, Mortgagees, or
Creditors, any further than the same would have done if the
same had remained a Judgment, Rule, or Order of the Court,
unless and until a Writ of Execution thereon shall be actually
put into the Hands of the Sheriff or other Officer appointed to

execute the same. n ,.

j'ToetitttMjfs fit-

And with respect to Proceedings in Error : Emt,

XC. All the Provisions with respect to Proceedings in Error ProviaimiB of
which are contained in the Sections of " The Common Law Pro- 15 & ig vict.
cedure Act, 1852," numbered One hundred and forty-six, One c 76. u to Pro-
hundred and forty-seven, One hundred and forty-eight, One hun- ceedings in
dred and forty-nine, One hundred and fifty, One hundred and ^^^"^**
fifty-one, One hundred and fifty-two, Onehundre<l and fifty-three,
One hundred and fifty-four, One hundred and fifty*five, One hun-
dred and fifty-six, One hundred and fifty-seven, One hundred and
fifty-eighty One hundred and fifty-nine. One hundred and sixty,
One hundred and sixty-one. One hundred and sixty-two, One
hundred and sixty-three. One hundred and sixty-four, One hun-
dred and sixty-five. One hundred and sixty- six, and One hundred
and sixty-seven in the Queen's Printer's Copies of the said Act
aball extend and apply to the Court: Provided always, that Error Provifo.
may be brought in any of Her 'Majesty's Superior Courts, and
that it shall not be Necessary to bring the Judgment ^oll into the
Superior Court in which Error shall be brought, as required and
provided by the said Section numbered One huszdred and fifty-five
in the Queen's Printer's said Copies, but it shall be sufficient, in
the Place thereof, to transmit to the Superior Court a Transcript
of the Record of any Judgment or Proceeding in the Court on
which Error is alleged, and that the Judgment of the Superior
Court thereon shall be certified by the proper Officer of the Su*
perior Court, or by Rule of Court, as tiie Superior Court may
c . 3K 2 direct^

868

C. IzzaiT.

17 '^ & 18* VICTORIA

A.D.1854.

Ko Execution
shall be stayed
by Writ of
Error, except
<m certain Con-
ditions.

ActionBof
Ejectment

Certain P*t>vi-
sions of
15 & 16 Vict
c. 76. as to
SJjectment ex-
tended to Court;

but certain
SectioDsof

direct, and thereupon such Judgment shall be entered on the
original Record in the Court, and such further Proceedings as
may be necessary thereon shall be awarded by the Court, subject
to the Right of either Party to allege Errors in the said Judgment
in the Superior Court, and proceed thereon as provided by " The
Common Law Procedure Act, 1852," in the Case of Errors alleged
in Actions depending in such Superior Court.

XCI. No Execution shall be stayed or delayed upon or bj any
Writ of Error or Supersedeas thereon to be sued for the revers-
ing of any Judgment given in the Court, unless the Person or
Persons in whose Name such Writ shall be brought shall become
bound by Recognizance, with Two sufRcient Sureties, to be ap-
proved of by the Registrar, in such reasonable Sums and in such
Manner as the Registrar shall deem sufficient, for the Security of
the other Party, to prosecute the said Writ with EflTeety and if
the said Judgment be affirmed, or the said Writ be not proceeded
in, to satisfy and pay the Amount of such Judgment, and all Costs
and Damages sustained by the delaying of Execution, and ail Costs
of Error ; provided always, that a Judge of any of the Superior
Courts may order Excfcution to be stayed upon any such Judgment
by a Writ of Error returnable in any Superior Court, witliout such
Security as aforesaid.

And with respect to the Action of Ejectment:

XCII. All the Provisions contained in the Sections of ** The
Common Law Procedure Act) 1852," numbered One hundred and
sixty-eight, One hundred and sixty-nine. One hundred and seventy.
One hundred and seventy-one. One hundred and seventy-two, One
hundred and seventy-four. One hundred and seven ty-Gve, One
hundred and seventy-six, One hundred and seventy-seven, One
hundred and seventy-eight (except such Part thereof as relates to
the Sheriff being directed to summon a Jury), One hundred and
seventy-nine. One hundred and eighty, One hundred and eighty-
one. One hundred and eighty-three. One hundred and eighty-four,
One hundred and eighty-five. One hundred and eightj-six. One
hundred and eighty-seven, One hundred and ninety. One hun-
dred and ninety-one. One hundred and ninety-two. One hundred
and ninety-three. One hundred and ninety-four. One hundred
and ninety-five. One hundred and ninety-six. One hundred and
ninety-seven. One hundred and ninety-eight. One hundred and
ninety-nine, Two hundred. Two hundred and one. Two hundred
and three. Two hundred and four. Two hundred and five. Two
hundred and six. Two hundred and seven. Two hundred and
eight. Two hundred and nine. Two hundred and ten, Two hun-
dred and eleven. Two hundred and twelve. Two hundred and
thirteen. Two hundred and fourteen. Two hundred' and fifteen.
Two hundred and sixteen. Two hundred and eighteen, and Two
hundred and twentj-one in the Queen's Printer's Copies of the
said Act, so far as such Provisions extend or are or may be
applicable to an Action of Ejectment between Landlord and
Tenant, shall extend and apply to the Court ; but Sections One
hundred and seventj-five and One hundred and aeventj-nine
respectively of " The Common Law Procedure Act," as applied
to the Courts shall be read as if instead of the Word << Judge**

tfae

A R1854. 17^ & W VICTORIiE. Clxxxiv, 869

the Expression '' Recorder or Court" bad been used therein ; and 15 & is Vict
Section One hundred and seventy-eight, as so applied, shall be read c 76. to be read
as if instead of the Word "SheriflT the Word "Registrai-" had m herein rtatecL
been used therein ; and such Parts of the Provisions and Enact-
ments contained in the before-mentioned Sections as relate to the
Time within which Judgment may be signed and Execution issue
shall not be so extended or applied, and in lieu thereof Judgment
may be signed and Execution issue on any Day subsequent to the
Day on which the Issue may come on to be tried, unless tlie
Recorder or the Court shall order Proceedings to be stayed.

XCIIL If, after Appearance entered, the Claimant, without Jadgmentfor
going to Trial, allow the Time allowed for going to Trial by the not procc^ing
Practice of the Court in ordinary Cases after Issue joined to ^^^^ '^
elapse, the Defendant in Ejectment may give Ten Days Notice to
the Claimant to proceed to Trial at the Court holden for the Trial •
of Issues next after the Expiration of the Notice; and if the
Claimant afterwards neglect to give Notice of Trial for such
Court, or to proceed to Trial, in pursuance of the said Notice
given by the Defendant, and the Time for going to Trial shall
not be extended by the Court, the Defendant may sign Judgment
in the^Form contained in the Schedule (A.) to " The Common
Law Procedure Act, 1852," annexed, marked Number Nineteen,
and recover the Costs of Defence.

XCIV. * And whereas the Power of Amendment now vested in Amendment of

* the Court and the Recorder is insufficient to enable them to pre- Proceedings by

* vent the Failure of Justice by reason of Mistakes and Objections Keco'^*'-

* of Form :' Therefore be it enacted as follows : It shall ba lawful
for the Court and for the Recorder at all Times to amend all De-
fects and Errors in any Proceeding, whether there is anything in
Writing to amend by or not, and whether the Defect or Error be
that of the Party applying to amend or not; and all such Amend-
ments may be made with or without Costs, or upon such Terms
as to the Court or Recorder, as the Case may be, may seem fit ;
and all such Amendments as may be necessary for the Purpose of
determining in the existing Suit the real Question in controversy
between the Parties shall be so made.

XCV. The Powers contained in and conferred by the Sections General Rules
of " The Common Law Procedure Act, 1852,** numbered Two may be made. .
hundred and twenty-three, Two hundred and twenty-four, and
Two hundred and twenty-five in the Queen's Printer's Copies of
the said Act, shall and may be exercised, so far as they may apply
to the Court, by the Recorder, with the Approbation of One of the
Judges of the Superior Courts.

XCVI. In any Case not expressly provided for herein, or by Rules of Sape-
the Rules regulating the Practice of the Court, the general Prin- nor Oonrts may
ciples of Practice in the Superior Courts shall and may be adopted he adopted,
and applied to Actions and Proceedings in the Court.

And with respect to Affidavits :

XCVII. In eyery Case in which, according to the Practice of Affidavits may
the Court, any Affidavit may be filed, read, or used, the same be sworn ont of
Affidavit shall and may be sworn before the Court, or the Recorder, Jnnwliction.
or the Registrar thereof, and if made by any Person residing or
being at the Time Three Miles or more beyond the Limits of the

3 K 3 eaid

870

•Clxxxir.

17'' & 18«» VICTORIA

A.D:1854

Coats,

Plaintiff reco-
▼ering not ex-
ceeding Forty
Shillings to
Jiave no Costs.

Judge at Trial,
or other presid-
ing Officer, may
ccartifyy to en-
title Flamtiff to
Costs.

If the Court
make an Order,
Plaintiff to have
Costs.

Interpleader,

Interpleader by
Defendant in
Aotion.

said Cit}^ shall and may be sworn before any Judge of the Supe-
rior Courts, or before any Commissioner for taking Af&dayits in
any of such Courts.

And with respect to Costs :

XCVIII. If in any Action, not being an Action for malicious
Prosecution, or for Libel, or for Slander, or for Criminal Conver-
sation, or for Seduction, the Plaintiff shall recover a Sum not
exceeding Forty Shillings, the Plaintiff shall have Judgment to
recover such Sum only, and no Costs, except in the Cases herein-
after provided, and except in the Case of a Judgment by Default ;
and it shall not be nece>«sary to enter any Suggestion on the
Record to deprive such Plaintiff of Costs, nor shall any such
Plaintiff be entitled to Costs by reason of any Privilege as At-
torney or Officer of the Court, or otherwise.

XCIX. If the Plaintiff shall in any Action, not being an Action
for malicious Prosecution, or for Libel, or for Slander, or for
Criminal Conversation, or for Seduction, recover a Sum not ex-
ceeding the Sum in that Behalf herein -before mentioned, by Ver-
dict, and the Recorder shall certify on the Back of the Record
that it appeared to him that there was a sufficient Reason for
bringing the said Action in the Court, the Plaintiff sliall in such
Case have Judgment to recover his full Costs of Suit.

C. If the Plaintiff in any Action, not being an Action for
malicious Prosecution, or for Libel, or for Slander, or for Criminal
Conversation, or for Seduction, shall recover a Sum not exceeding
the Sum in that Behalf before mentioned, where there is no Ver-
dict, and shall make it appear to the Satisfaction of the Court, on
Summons, that the Action was brought for a Cause for which no
Plaint could have been entered in the County Court o^ Lanaukkt
holden at Manchester^ or that there was a sufficient Reason for
bringing the Action in the Courts the Court may by Rule or Order
direct that the Plaintiff shall recover his full Costs, and thereupon
the Plaintiff shall have Judgment to recover his Costs accordingly.

And with respect to Interpleader :

CI. Upon Application made by or on behalf of any Defendant
in any Action in the Court, such Application being made after
Declaration, and before Plea, by Affidavit or otherwise, showing
that such Defendant does not claim any Interest in the Subject
Matter of the Suit, but that the Right thereto is claimed or sup-
posed to belong to some Third Party who has sued or is expected
to sue for the same, and that such Defendant does not in any
Manner collude with such Third Party, but is ready to bring into
Court or to pay or dispose of the Subject Matter of the Action, in
such Manner as the Court may order or direct, it shall be lawful
for the Registrar to issue a Summons calling upon such Hiird
Party to appear in Court, and to state the Nature and Particulars
of his Claim, and maintain or relinquish his Claim, which Sum-
mons may be served upon such Third Party in any Part of
England or Wales; and upon such Summons the Court may hear
the Allegations, as well of such Third Party as of the Plaintil^
and in the meantime to stay the Proceedings in such Action,
and finally to order such Third Party to make himself Defendant
in the same or some other Action, or to proceed to Trial on One

of

A,D.1854. 17° & 18« VICTORIA- C.Ixxxiv, 871

or more Issue or Issues, and also to direct which of the Parties •
shall be Plaintiff or Defendant on such Trial, or, with the Con-
sent of the Plaintiff and such Third Party, their Counsel or Attor-
nies, to dispose of the Merits of their Claims, and determine the
same in a summary Manner, and to make such Ilulcs and Orders
therein as to Costs and all other Matters as may appeui; to be just
and reasonable.

CXI. The Juflgment in any such Action or Issue as^ may be Judgment and

directed by the Court, and the Decision of the Court in a summary l>eci8ion final
Manner, shall be final and conclusive against the Parties and all
Person claiming by, from, or under them.

cm. If such Third Party shall not appear upon such Sum- Claim of Party
mens, to maintain or relinquish his Claim, being duly served not appearing
therewith, or shall neglect or refuse to comply with any Rule or ^""^^
Order to be made after Appearance, it shall be lawful for the
Court to declare such Third Party, and all Persons claiming by,
from, or under him, to be for ever baiTed from prosecuting his
Claim against the original Defendant, his Executors or Adminis-
trators, saving nevertheless the Right or Claim of such Third
Party against the Plaintiff, and thereupon to make such Order
between such Defendant and the Plaintiff as to Costs and other
Matters as may appear just and reasonable. Seneantf^'

And for Relief of the Serjeant-at-Mace :

CIV. When any Claim shall be made to or in respect of any For Relief of
Goods or Chattels taken or intended to be taken in Execution Seijeant-at-
undcr the Process of the Court, or to or in respect of the Proceeds ^^® ^^^^
or Value thereof, by any Landlord for Rent, or by any Person, ^^JL![iart ^
not being the Party against whom such Process has issued, it shall Qoodf.
be lawful to and for the Registrar, upon Application of the Serjeant-
at-Mace or any of his Officers, made before or after the Return of
such Process, and as well before as after any Action brought
against such Serjeant-at-Mace or any of his Officers, to issue a
Summons calling before the Court, as well the Party issuing such
Process as the Party making such Claim, and thereupon any Action
which shall have been brought in any of Her Majesty's Superior
Courts, or in the Court of Common Pleas at Lancaster, or in any
local or inferior Court of Record, in respect of such Claim, shall
be stayed ; and the Court in which such Action shall have been
brought, or any Judge thereof, on Proof of the Issue of such Sum-
mons, and that the Goods and Chattels were so taken in Execu-
tion, may order the Party bringing such Action to pay the Costs
of all Proceedings had upon such Action after the Issue of such
Summons; and the Court shall thereupon exercise, for the Ad-
justment of such Claims, and the Relief and Protection of the
Seijeant-at-Mace or any of his Officers, all or any of the Powers
and Authorities herein-before contained, and make such Rules
and Decisions as sliall appear to bo just, according to the Circum-
stances of the Case; and the Costs of all such Proceedings shall
be in the Discretion of the Court; and the Serjeant-at-Mace or
his Officers shall retain Possession of such Goods and Chattels so
taken in possession as aforesaid, until the Court shall have so
decided as aforesaid, or until it shall otherwise order, unless the
Party claiming such G^)ods or Chattels shall deposit with the

3 K 4 Seijeant-

872

Clxxxiv.

17^&18«>VICTORI-«L

A.D.1854.

Rules, &C. may
be entered of
Record.

Attendance of
AVitnesses.

Powers of
Superior Court
or Judge to be
exercised by
Court.

Powers of
Master of Supe-
rior Court to be
exercised by
liegistrar.

Powers of
Master and
Judge extended
to Recorder and
Registrar.

Forms referred
tointhe**Conu
mon Law Pro*

Serjeant-at-Mace the Amount in Money for which the aame were
taken or intended to be taken in Execution, and all Costa and
Expenses of taking and keeping the same, and such Sum as the
Court shall fix to answer the Costs of and incident to interpleading.

CV. All Orders, Rules, Matters, and Decisions to be made and
done in pursuance of the before-mentioned Interpleader Provi-
sions, except only the Affidavits to be filed, may, together with
the Declaration in the Cause (if any), be entered of Record, with
a Note in the Margin expressing the true Date of such Entrj, to
the end that the same may be Evidence in future Times, if required,
and to secure and enforce the Payment of Costs directed by any
^uch Rule or Order, and every such Rule or Order so entered
shall have the Force and Effect of a Judgment, except only as to
becoming a Charge on any Lands, Tenements, or Hereditaments;
and in case any Costs shall not be paid within Five Days after
Notice of the Taxation and Amount thereof given to the Party
ordered to pay the same, his Agent or Attorney, Execution may
issue for the same by Fieri facias or Capias ad satisfaciendum,
according to the Nature of the Case, together with the Costs of
such Fin try and of the Executioiiy and such Writ and Writs may
bear Teste on the Day of issuing the same ; and th ? Serjeant-at-
Mace executing such Writ shall be entitled to the same Fees, and
no more, as upon any similar Writ grounded upon a Judgment of
the Court.

CVI. Any of the Parties to the Application or Hearing shall
be at liberty to ifsue a Subpoena, and shall have the same Powera
of compelling the Attendance of Witnesses to give Evidence on
the Hearing of the said Summons as is contained in the Thirty-
second Section of this Act, and shall have all the same Remedies
against such Persons in case of Nonattendance as is therein aldo
contained.

CVI I. All the Powers exerciseable by a Judge or any Number
of Judges under any of the Sections of " The Common Law Pro-
cedure Act, 1852,'' by this Act extended and applied to the Court,
and which are not otherwise provided for by this Act, shall, as
regards Matters to be done under the Authority of this Act, be
excrciseable and exercised by the Court or Recorder.

CVin. All the Powers excrciseable by a Master or any Num-
ber of Masters under any of the Sections of " The Common Law
Procedure Act, 1802,** by this Act extended arnd applied to the
Court, and which are not otherwise provided for by this Act,
shall as regards Matters to be done under the Authority of this Act,
be excrciseable and exercised by the Registrar of the Court,

CIX. All the Powers excrciseable by a Master and Judge, or a
Master and any Number of Judges, or any Number of Masters
and a Judge, or any Number of Masters and any Number of
Judges, under any of the Sections of " The Common Law Pro-
cedure Act, 1852," by this Act extended and applied to the Court,
and which are not otherwise provided for by this Act, shall, as
regards Matters to bo done under the Authority of this Act, be
excrciseable and exercised by the Recorder and Registrar.

ex. All Forms referred to in the Sections of " The Common
Law Pi-ocedure Act, 1852," extended and applied to this Act,
may from Time to Time be modified and altered by the Recorder,

A.D.1854. 17°&18«VICTORIiE. Cllxxxir. 873

by a Rttlo or Rules of Court, so as to adapt them to the Court; cedure Act"
and no Rule made for this Purpose only shall require any Assent "pphed to this
of a Judge of One of the Superior Courts or of any other Person, '^^^
and the said Forms so modified and altered shall have the Effect
as to all Proceedings in or by the Court which the said Forms
in " The Common I^w Procedure Act, 1852," have as to Proceed-
ings in the Superior Courts.

CXI. The Court or the Judge shall have Power to take any Power to take
Recognizance which under the Provisions of this Act, or of «* The K««og^«"ace8.
Common Law Procedure Act^ 1852," by this Act extended to the
Court, any Person may be required to make or enter into, or
which under the same Provisions may lawfully be made or en-
tered into ; and any such Recognizance taken by the Court or
Judge shall be good and valid.

CXII. The Gaol of the City shall be the Gaol for the Custody Gaol for the
of Persons in Execution under the Process of the Court, and to Custody of
which the Serjeant-at-Mace of the said City may and shall take e^^jJI^
such Person so in Execution when he might or ought by Law to
take them to Prison, and the Keeper of the said Gaol shall receive
every such Person so brought to him ; and the Serjeant-at-Mace,
on delivering such Person to the said Keeper, shall be discharged
from all Responsibility in reference to the Custody of such Per-
son; and every such Keeper shall thereupon be responsible for
the safe Custody of such Person, and liable for any Escape or
escapes, in like Manner as Sheriffs and Gaolers having the Cus-
tody of Persons in Execution are by Law responsible, but not
ptherwise; and no Party shall be liable, as for an Escape or
otherwise, by reason of the Body of such Person so taken into
Execution being carried out of the Jurisdiction to the said Prison
for such Purpose as aforesaid, or being brought backwards and
forwards into and out of the Jurisdiction for any legal Purpose, *
in any Case where he would not have been so liable if the said ^
Prison and the Road thereunto had been within the Jurisdiction
of the Court.

CXIIL All the Provisions herein-before contained in reference Extent of
to the Custody of the Bodies of Persons in Execution under Pro- Provisions as to
cess of the Court, shall apply to Persons in Custody under any ^htors in
Order,; Rule, Process, Attachment, or other Proceeding in the *®^'**"*'^
Court, in the same Manner in all respects as the same apply to
Persons in Custody in Execution as aforesaid.

CXIV. All Persons committed to Custody by the Court or the Persons corn-
Recorder under the Provisions of an Act, the Eighth and Ninth mitted under
Victoria^ Chapter One hundred and twenty seven, (Public Ge- ® * ^ ^^
neral,)may be committed, if the Court or the Recorder shall think ^nttoC^Gi^L
fit, to the Gaol of the City, anything in the last-mentioned Act
to the contrary notwithstanding.

CXV. All Warrants of Commitment under the Provisions of Execution of
the said last-mentioned Act may be executed anywhere in England Warrants of
or fValeSf provided the same, if executed out of the Jurisdiction of ^^"""'tment.
the Court, shall be previously signed or endorsed in manner by
the same Act provided.

CXVI. All Actions, Proceedings, Matters, and Things in or Actions, &c.
appertaining to the Court which shall be commenced or depending commenced
before or at the Time when this Act shall come into operation "^^^ ^^^^

shall

874 Clxxxiv— IxxxviiL l?** & 18* VICTORIJE. .A.D.1854,

comes into shall be continued in manner provided bj the said Act, the fjghtli
operation not and Ninth VictoriOy Chapter One hundred lind fortj-five, and as if
to abate. ^^q same were not repealed ; and the Court, Recorder, Regii^trar,

Serjeant-at-Maee, and all other Persona, shall, as to the same

Actiona, Proceedings, Matters, and Things, have and be under the
* same Powers, Provisions, and Liabilities as if this Act had not

been ])assed.
Commence- CXVII. This Act shall come into operation at the Expiration

ment of Act. of Two Months after the passing thereof.
Costs of Act CXVIII. The Costs of and relating to the passing of this Act

shall be paid out of the City Fund of the said City.

Cap. Ixxxv.

An Act for enabling the Cornwall Railway Company to make
certain Modifications in their Share Capital ; and for other
* Purposes. [3d Jufjf 1854.]

Cap. Ixxxvi.

An Act for making a Turp.pike Road from Chester hy Famdem
to JVorthejibury^ with a Branch therefrom to the Village of
Farfidon. ,[3d Jiify 1854.]

[^Limiting Number of Tolls to be payable on the same Day^ § 20.
Persons hav'mgpaid Toll to return free, § 21. Act to commence
on Second Monday after passing^ and to continue for Twenty*
one YearSi § 34.]

Cap, Ixxxvii.

An Act to consolidate and extend the Powers of the Accrington
^ Gas and Waterworks Company, and to enable them the better to
supply with Gas and Water the Townships and Places of Old
Accrington^ New Accrington^ Churchy Lower Booths^ and ^ifii-
coaiy in the Parish of Whalley, nnd the Extra-parochial Place of
Henheadsy all in the County of Lancaster^ and to sell or lease
their Undertaking to the Local Board of Health for the District
of Accrington ; and for other Purposes. [3d July 1854.]

[4 ij- 5 Vict, c, xxvii. repealed^ § 1. Incorporation of Company^ §2-
Capital^ ^70,000., 5 11. Power to borrow on Mortgagor § 16w
Sum of A. 1 1,814. to be paid off out of First Monies^ § 18* JFatm
flowing through Lands belongirtg to C, Towneley^ Fsq^y and
Jje Gendre Nicholas Starhie^ Esq.y not to be appropriated toiA'
out Consent^ § 33. For the Protection of Lands of Miss Green-
wood and others, § 44. Saving Bights of Local Boards § 83.]

Cap, Ixxxviii.

An Act to establish a General Cemetery for the Borough of Don-
caster, and for other Purposes. [3d July 1854,]

[^Part of Cemetery to be appropriated for Established Churchy and
Part for Dissenters, §§37 and 38. Power to take Fees, §42.
Extra Fees for Interment of Bodies from without the Townsh^
§ 60. Fees reserved to present Parish Clacks, § 51. Power to
sell the Marsh, § 52. Bights of Common in Lands other than the
Marsh not to be affected, § 62.]

A.D.1854. 17^ & 180 VICTORIA. Clxxxix— xciv. 875

Cap. Ixxxix.

An Act to extend the Powers of the Commissioners of Sewers f6r
the Levels of Havering, 'Dagenham, and other Places, and to
enable them to construct Sewers in the Parishes of West Ham,
East Ham, and North Woolwich. [dd Jufy 1854.]

[^ Works on Shores of the Thames not to be executed without
Consent of Commissioners of Woods, § 7. Tank, SfC,, to be con-
strtieted to the Satisfaction of the Admiralty, § 8. Works
according to Plan approved by Corporation of London, § 10.
Saving Rights of Lord Mayor, S^c, of London, § 12. 6wi-
pensation to Mr, John Tucker, § 13. Protection of Eastern
Counties Railway, §§ 14, 15, and 16. Saving Rights of the
Crown, § 33.]

Cap. xc.

An Act for the better supplying with Water the Parliamentary
Burgh or Town of Hamilton and Suburbs thereof.

[3d July 1854.]

Cap. xci. ^

An Act to incorporate the Birmingham and Midland Institute, to
define its Constitution, and to enable the Council of the Borough
. of Birmingham to grant a Site for the Institute Buildings.

[3d Jidy 1854.]

Cap. xcii.

An Act for improving the Harbour of Blyth in the County of
Northumberland, and for constructing Docks there ; and for
other Purposes. [3d July 1854.]

[^Incorporation of Company, § 4. Capital, ;€ 150,000., § 5. Power
to borrow on Mortgage, § 7. Saving Rights of Crawn, Sir
M. W. Ridley^ Owners of Coiopen Estate, and Trinity House of
Newcastle-upon-Tyne, §§53 to 56.'\

, Cap* xciii.

An Act to enable the Crystal Palace Company to divert certain
Roads, and to take and let Land on Lease; and for other
Purposes. [3d July 1854.]

[Company not to take Lands belonging to Trustees of John Forster
without Consent, § 7.]

Cap, xciv.

An Act to incorporate "The Surrey Consumers Gaslight and
Coke Association," and to enable them to raise further Sums of
Money ; and for other Purposes. [3d July 1854.]

[Saving Contracts entered into with Trustees of Bermondsey, Rothcr-
hiihe, and Deptford Roads and Bermondsey Improvemetit
Commissioners, § 12, Saving Rights of Grand Surrey Canal
Company and Thames Tunnel Company, §§46 and 48.]

876 Cxcv— a 17*» & 18* VICTORLE. jLDJSSi.

Cap. xcv.

An Act to repeal the Acts relating to ^be Tnmpike Road from
Gloucester through Painswick to Siroudy and make other Pro-
visions in lieu thereof. [3d July 1854.]

[18 Creo. 3. c. xcviii., 40 Geo, 3. c. xcvii., and 59 Geo. 3. e.xlii.
repealed^ and Ms Act put in force^ § 1. Persons having paid
Toll to return Toll free, § 14. Half Tolls onfy to be taken in
certain CaseSy § 19. Act to commence on the Third Tuesday
qfier passinffy and to continue for Twenty-one VearSy § 33.]

Cap. xcvi.

An Act to enable the Cork and Bandon Railway Companj to
make a Branch Railway to Skibbereen, and to raise further
Capital for the Cork and Bandon Railway; and for other
Purposes. [3d July 1854.]

Cap. xcvii.

An Act to amend an Act passed in the Fourth Year of the
Reign of His late Majesty King George the Fourth, intituled
An Act for more effectually repairing the Wadsley and Langsset
Turnpike Roady and extending the same in Two Lines to join the
HuddersBcld and Woodhead Turnpike Road in the Townehips
o/* Upper thong and Honley in the West Riding of the County of
Vorky and to continue the Term thereby granted, so far as the
said Act and the Term thereby granted relate to the New MUl
District of Road therein mentioned. [3d Jtdg 1854.}

[4 Geo. 4. c. Ixxviii. repealed, and this Act to be put in execuUony
§ 1. Only Three full Tolls to be taken, § 13. Power to borrow
Money on Security of Tolls, § 24.]

Cap. xcviii.

An Act to alter the Site of the new Bridge authorized to be erected
over the River Foyle at Londonderryy and to make Approaches
thereto. [3d July 1854.]

[^Provisions of 15 Sf^ 16 Vict. c. cvi. to extend to this Act, § 1.
Power to borrow not exceeding jf 30,000., § 25. Saving Rights
of the Irish Society and of the Crotrit, §§ 28 and 29.] %

. Cap, xcix.

An Act for providing Waterworks, Gasworks^ and public Baths
and Wash-houses for the Town and Borough of Beccles in the
County of Suffolk. [3d July 1854.]

[Incorporation of Company, § 5. Capital, £20,000., § 15. Power
to borrow on Mortgage, 6 17. For Protection of Channel rf the
River Waveney, § 28. Not to affect RightSy ^.^ of Conserva-
tors of River fVaveney, § 59.]

Cap. c.

An Act to incorporate the Hull General Cemetery Company, and
to enlarge and improve their Cemetery ; and for other Parpo«e&

[3d July 1854.]
[Provision as to Fees, ^v., §§ 15 to 26-3

A.D.1854. 17* & 18« VICTORIiE. C. ci— cv. 877

Cap, ci.

An Act for the further Improvement of Kingston^upon-Hull, and
for other Purposes. [3d Jufy 1854.]

[^Act to commence on the Third Wednesday after passing, §2.
28 Geo. 2. c. xxvii., 2 Geo. 3. c. Ixx., 4 Geo. 3. c. Ixxiv., 23 Geo. 3.
<;. Iv., 41 Creo. 3. c. xxx., 50 Geo. 3. c. cxL, 3^4 Vict. c. Ixxvi.
{Improvement Acts\ and Provisional Order of General Board
of Health dated 23d June 1861, repealedy § 8. Power to borrow
not exceeding j^50,000., § 138. Saving Rights of the Corpora"
tion^ the Trinity HonsCy and the Doch Company ^ § 180. Saving
Eights of the Crown, § 182.]

Cap. cii.

An Act for paving, lighting, watching, draining, supplying with
Water, watering, cleansing, regulating, and otherwise improving
the Town of Llandudno in the County of Carnarvon, for making
a Cemetery, and for estahlishing and regulating a Market and
Market Places therein ; and for other Purposes. [3d July 1864.]

[^IncorporaHon of Commissioners, § 5. Power to borrow on Mort'
gage, § 63. Works, Sfc., of the Saint George's Harbour Company
not to be interfered with^ § 80. General Saving, § 86. Saving
Bights of the Crown, § 86.]

Cap. ciii.

An Act for more effectually repairing several Roads adjoining or
near to the Town of Bideford, and for making several Lines of
Soad connected with the same, all in the County of Devon.

[3d July 1864.]

£9 Geo. 4. c. ex v. repealed, and this Act to be put in force, § L
Limiting Number of Tolls to be taken, § 24. Tolls to be paid
for each Load of Timber, § 28. Limiting Amount of Money to
be borrowed, § 29. Act to commence on First cf January after
passing, and to continue for Twenty*one Years, § 36.]

Cap. civ.

An Act for regulating the Police of the Royal Burgh o£ Lanark,
and for paving, draining, cleansing, lighting, watching, and
improving the same, for regulating the Markets thereof; and
for other Purposes. [3d July 1854.]

Cap. cv.

An Act for more effectually repairing the Roads in the Counties
of Worcester and Stafford known as the Dudley, Halesowen,
and Bromsgrove District of Roads. [3d July 1864.]

{66 Geo. 3. c. Ixvii. repealed, and this Act to be put in force, '^ 1.
Lime, Limestone, and Chalk not exempt from Tolls, ^ 12. Onfy
One full Toll to be taken on the same Day on certain Roads, § 14.
ToUs to be paid twice a Day in certain Cases, § 16. Act to
4iommence on First cf November after passing, and to continue
for Twenty^one Years, § 28.]

878 Ccvi— ex. 17« & 18« VICTORIA A.D.1854.

Cap. cvi.

An Act to embank and recUum from the Sea certain Waste I^oidB
subject to bo overflowed bj the Tide, called Tacumshm Lake^
in tlie County of Wexford. [3d Julif 1854.}

[^ComnUsMners of Wooda^ Sfc,, may make On absolute Ctrani of Her
Majestifs RighUy ^^ § 16. Saving Rights of H. H. BorweO,
Esquire, to Grogan and Balfymurr^y of Lords of Manors, and
of the CrowHy §§ 40 to 43.]

Cap. cvii.

An Act to authorize the making certain Roads and stopping up
certain Lanes and Footways between Kensington Gore and
Brompton in the County of Middlesex^ and for otherwise facili-
tating tlie Formation of a Site for Institutions connected with
Science and the Arts. [3d July 1854.]

\New Roads, when completed^ to xbe conveyed to CtnnmiMsumert of
Metropolis Roads, § 14. Saving Rights of Commissianers of
MetropolU Roads, § 16.]

Cap. cviii.

An Act for enabling the Great Western Railway Company to
provide additional Station Accommodation at Birmingham^
Wolverhampton, and Bushhury ; and for other Purposes.

[3d Jufy 18o4-]

[Power to raise additional Capital by new Shares, § 6.]

Cap. cix.

An Act to repeal an Act for enlarging the Tenn and Powers of
an Act of His late Majesty George the Third, for repairing the
Road from Saint Martin Stamford Baron to Ketieris^^ and
from Oundle to Middleton Lane in the County of Northampton,
and to make other Provisions in lieu thereof. [3d July 1854.]

[34 Geo. 3. c. cxxvi. and 56 Creo. 3. c. li. repealed, and this Act to
take effect, § 1. Present Tolls to continue until First of January
1855, § 10. No Person to pay Tolls at more than Three Gates
on the First District of Roads ; at more than Two Gaies on the
Second District of Roads, in case any more CUUes shall hereafier
be erected^ § 13. Persons having paid Toll to return free, ^14.
Act to commence on First November after passing, and to coH'
Hnue for Twenty-one Years, § 29.]

Cap. ex.

An Act for supplying with Water the Parishes of Bangor, Han-
degai, and Lhnllechid, and with Gas the Pariah of Bat^or,

[3d July 1854.]

[7%t9 Act to commence on the Fourth Wednesday, afler peumng,
§2. 16>17Fictc.y.n?MaM; S12. Capital, 4Sl,SOQ, {26.
Saving Property and Works of Chester and Holyhead Baiioay
Company, § 73. ForPMecHon of Her Mcgesi^s Tsnanis, § 76.
Saving the Rights of the Crown, § 77.]

A.D.1854, 17*» & 18** VICTORIA. C.cxi— cxviiL 879

Cap, cxi.
An Act for the Improvement of the Town of Beihesda and

Neighbourhood in the County of Carnarvon. [3d Jtdy 1854.]
[JWfr to borrow on Mortgage of Rates^ § 54. Saving Bights of

the Crown, § 78.]

Cap. cxii.
An Act for enabling the Company of Proprietors of the Birming*
ham Canal Navigations to make new Canals and other Works ;
and for other Purposes. [3d Jtdy 1854.]

\^Power to borrow on Mortgage, i 80,000., § 30.]

Cap. cxiii.
An Act for establishing Parks in or near to tjie Borough of
Birmingham. [3d JtUy 1 854.]

Cap. cxiv.

An Act for constructing a Market House and other Buildings
for Public Accommodation at Chesterfield in the County of
Derby, and for the better Regulation and Maintenance of the
Market there. [3d July 1854.]

[^Incorporation of Company, § 6. Capital, .110,000, § 7. Power
to borrow on Mortgage, § 9. Saving Bights of Corporation artd
of Lords of Manors, § 35.]

Cap. cxv.

An Act for making a Railway from the Stockton and Darlington
Railway near Darlington to or near to Barnard Castle, both in
the County of Durham, and for making Arrangements with the
Stockton and Darlington Railway Company; and for other
Purposes. [3d July 1854.]

[Subscribers incorporated, § 3. Capital, .€100,000, § 4. Power
io borrow on Mortgage, § 9.]

Cap. cxvi.
An Act for making a Railway from the Dowlais Railway to the
Vale of Neath Railway at Merthyr Tydfil, and for other Pur-
poses, and of which the ^hort Title is " The Dowlais Railway
Act, 1854." [3d July 1854.]

Cap. cxvii.
An Act for vesting in the East Lancashire Railway Company
jointly with the Lancashire and Yorkshire Railway Company
certain Parts of the Manchester and Southport Railway and
of the Lancashire and Yorkshire Railway ; and for other Pur-
poses. [3d Jfdy 1854.]
[Saving Bights of the Messrs. Stevenson, § 59.]

Cap. cxviii.

M Act to amend "< The Edudmrgk Police Act, 1848," and to

V make farther Provision for Sewerage, Drainage, and Improve-

• ment of the City of Edinburgh, for deepening and cleansing the

Water of Leiih ; and for other Purposes. [dd Jufy 1854.]

880 Ccxix— cxxiv. [^17** & 18** VICTORLffi, A.D.1854.

Cap, cxix.

Ao Act for making a Bailwav in Deviation and Extension of the
Halesworthf Beccles^ and HaddUcoe Railway from WaihaU Low
Common to fVoodbridge^ and certain Branches therefrom, and
for changing the Name of the Companj to the East Suffolk
Railway Company. [3d July 1854.]

[14 Sf 15 Jlci. c. XX vi. repealed f § ]. Incorporation of Company,
I 4. CapUal, <^ 450,000.^ § 11* Power to borrow on Mortga^
§ 15. Saving Rights of Lowestoft Railway and Harbour Qun-
pany and Norfolk Railway Company^ § 34.]

Cap. cxx.
An Act to amend the Provision s of certain Acts relating to the
Shrewsbury and Chester Railway Company, nnd for other
Purposes. [3d July 1854.]

\^Saf?ing Rights ofBirhenkead Trustees^ § T.J

Cap. cxxi.

An Act to enable the South Sea Company to realize and divide
their Capital Stock and Assets. [3d July 1854.]

Cap, cxxii.

An Act for enabling the South Devon Railway Company to im-
prove their Sutton Harbour Branch, and for other Purposes,
and of which the Short Title is " The South Devon Railway
{Sutton Harbour Branch) Act, 1854." [3d July 1854.J

\_Samng Rights of W. Johnson, of the Crown, of the Duchy cf
ComwaXL, of Plymouth and Dartmoor Railway Company and
their Mortgagees, of Company for embanking Part of the Lmra
near Plymouth, §§25 to 28.]

Cap. cxxiii.
An Act to continue the Term and to amend and extend the Pro-
visions of the Act relating to the fFinehester and Petersfidd
Turnpike Road ; and for other Purposes. [3d July 1854.]

[6 Geo. 4. c. xiv. repealed, and this Act to be put in force, § 1.
Tolls to be paid once a Day, § 17. Act to commence on First
November after passing, and continue for Twenty-one Years,
§32.]

Cap. cxxiv.

An Act to make further Provision for supplying with Water the
Borough of Bradford and certain Places in the Neighbourhood
thereof. [Sd July 1854.]

[5 4r 6 Vict. c. vi. and 12 ^r 13 Vict. c. xx. repealed, and Company
incorporated by 5^6 Vict. c. vi. dissolved, § 2. Re-incorporation
of Company, § 5. Capital, j1 82,500. by Creation of Shares or
Stock, § 16. Power to raise cMitional Money, by Creation cf
Shares, not exceeding ^267,500. § 19. For Protection ef the
Bradford Canal, § 121. Compensation to T. H. Himfall,
Esquire, § 1 33. Power to G. L. Fox to erect certain fn^ks,
§ 134. Not to interfere with certain Springs belonging to
G. L. Fox, § 135. Power to award Compensation to G, L. For^
§ 136. Provisions as to Leeds and Liverpool Cemal, §§ 137
to 140. Saving Rights of Midland Railway Company, ^142.
Provisions as to Bradford Gaslight Compos^, §§ 143 to 145. J

A.D.1854. 17» & 18« VICTORIJE. Gcxxv.— cxxx. 881

Cap, cxxv.
An Act for the Regulation of the Municipal Corporation of the
Borough of Yeovil in the County of Somerset^ and for the Ex-
tension of the Boundaries of the said Borough, and for the
Improvement of the said Borough. [3d July 1854.]

{^Corporation to he the Burial Board for the Parish of Yeovil
' under 15 ^ 16 Ftc^. c. 85., and 16 ^ 17 Vict. c. 134. §44.
Saving Bights of Bailwag Companies^ § 68.]

Cap, cxxvi.
An Act for the Conservancy and Improvement of Swansea Har-
bour, and for other Purposes, and of which the Short Title is
"^The Swansea Harbour Act, 1854." [3d July 1854.]

[Act to commence on First of September 1854, § 2. 31 Geo, 3. '
c, Ixxxiii., 36 Geo. 3. c, xciii., 44 Geo. 3. c. Ivi., 6 4-7 WUl. 4.
c. cxxv., 7 4* 8 Vict c, xliv., and \QS^\\ Vict. c. cclx., repealedy
§6. Saving Bights of the Admiralty^ the Corporation^ and the
boch Company, §§ 167, 168, and 169. Saving Bights of the
Duhe of Beaufort, § 173.]

Cap. cxxvii.

An Act for making a Railway from the Gre€U Northern Railway
at or near Welwyn in the County of Hertford to Hertford in
the same County, to be called the " Hertford and Welwyn Junc-
tion Railway ;" and for other Purposes. [3d July 1854.]

{Incorporation of Company, § 3. Capital, ^65,000, § 4. Power
to borrow on Mortgage, § 9. Saving Bights of Trustees of
River Lee, and of Corporation of Hertford^ §§28 and 31.]

Cap, cxxviii.

An Act for authorizing the Stockton and Darlington Railway
Company to make new Works, and for other Purposes, and of
which the Short Title is '' The Stockton and Darlington Rail-
way Act, 1854." [3d July 1854.]

{Act to commence on the Sixth Friday after the passing, § 2.
Capital {under former Acts) ^650,000, § 32< Power to raise
(under this Act) ^£200,000. by new Shares, § 33. P&wer to
borrow and re-borrow for Payment of Debt, §54. Saving Bights
of Mortgagees, Sfc. and certain BaUway Companies, f 85, 86,
and 87.]

Cap. czxix.
An Act for better supplying with Water the Borough of Bradford

in the County of York. [3d July 1854.]

{Power to borrow Money on Security of Bates, § 8. Saving Bights

t^ Lancashire and Yorkshire Bailway Company, §§43 and 44.]

Cap. cxxx.
An Act to authorise certain Improvements in or in connexion
with the Lowestoft Harbour, and for other Purposes.

[dd July 1854.]
[Saving Rights of the Crown^ § 12.]
17 & 18 Vict. 8L

892 C.cxxxi-H5xxxvi!. 17^ & 18^ VICTOMJE, AJ>AS6A.

Cap. cxxii.
An Act for constructing a Bridge for Foot Passengers ficross ike
River Clyde opposite to the North End of MacNeil Street in the
City of Glasgow. {3d Jufy 1854.]

ISaving Bights of the Crowny § 36.]

Gcip.'cxxxii.
An Act for making a Railway from the Great Southern ami
Western Railway near Mallow to Fermoy^ to be called ** The
Mallow and Fermoy Railway \^ and for other Purposes.

[3d Jufy 1854.]

\^8ubscrU>ers incorporated, §3. Capital, JtlOOfiOO, f 4. Bwer
to borrow on Mortgage, § 7.]

Cap. czxxiii.

An Act io alter the Line of the London, TOburp, and Sonikend
Extension Railway, to authorize the Lease thereof, and the
Purchase of the Railway iuid certain Parts of the Works
belonging to the Thames Haven Dock and Railway -Company ;
and for other Purposes. [3d Jttfy 1854.]

[Saving Rights of the Crown, and the Corporation of London,
§§ 23, 25, and 26.]

Cap. cxxxiy.

An ''Act for Removal of Toll Bars beyond the Parliamentary

Boundaries of the City of Edinburgh, and for other Poipoees.

[3d July 1854.]

Ciorp. cxxxv.
An Act to enable the Londonderry and Enniskillen Railway
Company to make a Branch Railway to Imiotia, and to extend
their Line at Londonderry; and for other Purposes.

[3d July 1854.]
: [Rnoer to raise Money (j^75,000.) by new Shares, § 4. Poster is
borrow Money on Mortgage, § 8. Saving Bights of the Irish
Society, §31.]

Ctip. cxxxvi.

An Act for making a Railway from the Irish Southeastern Rail-
way at Bagenalstown to freatford, to be called ^ The Bagenals-
town and Wexford Railway.*'^ [3d JWfy 1854.]

{^Subscribers incorporated^ §3. Capital, ^£270,000, § 4. /Vwrr
to borrow on Mortgage^ §7.]

.' Cap. cxxxvii.

An Act for continuing the Term and amending and extending die
Provisions of the Act. relating to the Bfighton, CMk^teid, and
Loveli Heath, and Cuckfield and West Grinsted Turnpike
Roads. [8d Jufy 1854.]

[6 CSW. 4. c. xxxix. repealed, § 2. Carriages laden wM OmBk
exempt from Tolls, § 13. TiMs to be paid on every Change if
Carriage, § 14. Preston Gate to be discontinued, § 18. M
more than One Toll to be paid for passing and returning on tie

A,D.l854. 17*^ & 18^ VICTORIA.' C. cxxxyii--^cxliy. .883

same Day between Brighthdmstonfi and Cuckjield^ and Butler's
_ Green and Tyler's Green, § 20. One Toll between Cuckfield and
Lovell Heath, % 21. One Toll between Cuckfield and the dowfM
* and the Henkeld Turnpike^ § 22. One ToU between the Cow/old
' and Ifenfield TumpAe, and the Turnpike leading from Hor-
sham to Steyning, § 23. Act to commence on First of November
after passing, and to continue in force for Twenty-one Years,
§81.]

Cap. cxxxviii.
An Act to authorise the Extension by the Ambergate, Netting'
ham,* and Boston and Eastern Junction Railway Company of
their Line of Railway into the Town of Nottingham, the Forma-
tion of a Station there ; and for other Purposes.

[3d Jiify 1854.]
Cap, cxxxix«
: An j^ct \Uy giTe further Powers to the Law Life Assurance Society
. with respect to the Investment of the Funds of the Society.

[3d July 1854,]

Cap. cxL

An Act to authorize the Trustees of the Rochdale and Burnley

Turnpike Roads to take Toll in respect of the Carriages of

certain Stones. [10th July 1854.]

.[^P&wer to take Tolls for Stones, § 1. Act to continue in fbrce as

long as 7 fVilL 4. c, yi. shall conHnuet § 5.]

Cop. cxli.

An Act for enabling the North and South Western Junction
Railway Company to raise additional Capital, and for other
Purpoaes. [10th July 1854.]

l^Act to commence on the Fourth Wednesday after the passing^ § 2.
Capital, JLBO,000, § 19. Power to borrow on Mortgage^ §24,]

Cap. cxlii.
..An Act to amend the Tralee and KiUamey Railway Act, 1853.

[10th Jtdfy 1854.]
Cap, cxliii.
An Act for making a Railway firom Homcastle in Lincolnshire
. .to the Kixhstead Station of ^ jGreat Northern Railway.

[10th Jiz/y 1854.]

lJ$ub$cribers incorporated^ § 3. Capital, £4S,000^ § 4. Power to

borrow on Mortgage, § 7. Provisions as to Communication with,

and Mights, of Great Northern Railway, §§ 25 to 33. As to

Lands purchased of Sir H Dymohe, § 34.]

Cap, cxliy.
• Ab Act for making a Railway ^m the Shrew bury andHir^ord
• .. Sikilway at Lewtdn*^ to Exngton- in Herrfordshire,

. . [10th ^irfy ld54.]

\^Subs€ribers incorporated, § 4. Capital, d%0,QQO^ § 5. Power
.to harrow on Mortgage, §8. Jhravisions as to Communication
mih, and Rights of the Shrewsbury and Hereford RaUway^
' § 27 to 30. Not to interfere witii Lands, ^. of the Kington
Railway Company, without Consent, § 31.]
3L 2

884 C.cxIt— cL 17*» & 18 « VICTORLS;- A.D.1854

Cap, czlv.

An Act for more efFectuallj repairing the Road from tbe Tott
House Beck in the Township of Ireby in the County of Lam-
caster to Kirkby Lonsdale and Kirhby Kendal in the Coontj of
Wesimorelamd^ and through Kirkby Lonsdale to Milnthorpe in
the said County. [10th Jtthf 18^4.]

[59 Creo. 3. c. xviii. repealed^ § 1 . Persons hating paid ToQ io
retum/ree^ § 13. Act io commence on First of September i^Ur
passing, and continue in force for Twenty-one Years, § 26.3

Ceg», cxlvi.

An Act for making a Railway from the Ayr and DaimdHngion
Railway near the Cothouses on the Farm of FUasantfield to the
Town of MayboUy to be called *' The Ayr and Maybole June-
Hon Railway." [10th Jttfy 1854.]

ISubscribers incorporatedy §2. Capital, /33,000., §3. JRower
' to borrow on Mortgage, § 6.]

Cap, czlvii.

An Act for supplying the Township of Stourbridge and the
Neighbourhood thereof with Water. [10th July 1854.J

[^Incorporation of Company, § 4. Capital, £20,000,, § 5. Bower
to borrow on Mortgage, § 8.]

Cap, cxlviii.

. An Act for making a Railway from the Scottish Midland Junction
Railway near Stanley to Bimam near Dunheld in the County of
Perth. [10th July 1854.]

[^Subscribers incorporated, § 3. Capital, ^80»000. Ihwer to
borrow on Mortgage, § 9. As to Connexion, Sfc. with, and Saving
Rightsof Scottish Midland Junction Railway, §§ 21, 22, m<I48.]

Cap. cxlix.

An Act to authorize the Shrewsbury and Hereford Railway Com-
pany to provide Station Accommodation in Shrewsbury and
Hereford^ and to enter into Arrangements and Agreements with
the bereford, Ross, and Gloucester Railway Company.

[10th Jufy 1854.]

Cap.cL

An Act for making a Railway from the Town of Llandovery in
the County of Carmarthen to join the Lkmelfy Railway at
Llandilofawr in the same County, and for other Purposes.

[10th Jufy 1854.]

[Subscribers incorporated, § 3. Capital, £60,000, § 4. I\noer to
borrow on Mortgage, § 7. Lands of David Lewis of Siradey
(except for Main Line) not to be taken without Consent, S§ 15
aiMf 16.]

4uD.1854. 17» & 180 VICTORIA Ccli— clvL 885

Cap. cli.

An Act to incorporate a Company for making a Railway from
near the PicUm Station on the £eeds Northern Railway to near
the Grosmont Station on the Whitby and Pichering Branch of
the Yorh and North Midland Railway, and for other Purposes.

[10th July 1854.]

[^Subscribers incorporated^ §3. Capiial^ £180,000., §4. Power
to borrow on Mortgage, § 9. Provisions as to CommunicaiionSy
Sfc^ with Leeds, Northern, and York and North Midland Rml'
ways or Works, §§ 41 to 43. Provisions as to Traffic Arrange-
ments, §§ 44 A> 4S. Interest of Companies under Contracts,
§50.]

Cap. clii.
An Act to repeal the Act relating to the Jhirsk and Yarm Turn-
pike Road, and to make other Provisions in lieu thereof, and to
grant a further Term in the said Road ; and for other Purposes.

[10th July 1854.]

\p Geo. 4. c. vi. repealed, and this Act to be put in force, § 1. Cer-
tain exempted Articles htbject to Tolls if conveyed during the
Winter Months, § 25. Draining Tiles exempt from Tolls, § 27.
Act to commence on First of November after passing, § 36.]

Cap. cliii.

An Act to enable the Eastern Counties Railway Company to
enlaree and improve their Goodfl Station in the Parish of Saint
Matthew Bethnal Green in the County of Middlesex.

[10th July 1854.]

Cap. cliv.

An Act to enable the granting Building Leases of Parts of the

Camden Town Cemetery belonging to the Parish of Saint

Martin in the Fields not heretofore used for the Purpose of

Interment, and for other Purposes. [10th July 1854.]

\^Power to borrow on Mortgage for Purposes cf this Act, § 30.
Money raised on Mortgage to be paid into Court of Chancery,
and to be invested in Exchequer bills till wanted for Purposes
of this Act, §§31 and 32. General Saving of Rights, § 39.]

Cap. civ.
An Act to enable the Caledonian Railway Company to make
certain Branch Railways and other Works in the County of
Lanark; and for other Purposes. [10th July 1854.]

[jRnrer to raise additional Money, i. 80,000, by new Shares, § 1 1.
Power to borrow on Mortgage, § 12.]

Cap. clvi.

An Act for altering the Lines authorized by the Caledonian
Railway {Lesmahagow Branches) Act^ 1851, and for otherwise
amending that Act. [10th July 1854.]

IPower to borrow on Mortage j120,000, § 20. Saving Bights

under 14 & 15 Vict. c. xcix. § 26.']

3L 8

886 €. chii— elxii. 1 7 ^ & 18 « VICTORIJE: A.D. 1854.

Cap, dvii.
An Act to confer further Powers on the Dukinfidd Giis^Compuiy.

[10th Jkfy 1854.]
rCapUal, ^30,000, § 16. Power to borrow on Mortgage ^8,000,

524.]

Cap. clviiu

An Act for enaUing the South IFalet Bjulwaj Company to

'acquire additional Land at Swansea, and for enlarging the

Powers of Lease or Sale to and Contribution bj the Great

, Western Railway Company, and for ^uthoriziiig ArrangemeBts

between the South fVales Railway Company and the Vale of

Neath Railway Company ; and for other Purposes.

[10th Jufy 1854.]
Cap. clix.
An Act for the Lnprovement of the Borough of Bolton^ and for
other Purposes, and of which the Short Title is '< Solum Im-
provement Act, 1854." [10th Jtffy 1854.]
[^Act to commence on Second Wednesday after passinffy | 2.
Saving Rights qf Lords o/* Manors of Great and Little Bottim,
' of Landowners to make Drains for Improvement of their Lands^
of Gas Company^ and of Corporation^ §§ 192 to 195.]

Cap, dx.

An Act for making a Railway from the Leeds^ Bradford, and
Haltfax Junction Railway near L&eds to Wahejieldy all in the
West Riding of the County (tf York, to be called " The Brad^
ford, WakefiM, and Leeds Railway ;" and for other Purposes.

[10th Jf^^ 1854.]

[^Subscribers incorporated, §4. Capital, jC180,000, §5. Power
to borrow on Mortgage not exceeding j£ 60,000^ § 9. Power to
Commissioners of Woods to exchange* Glebe Lands, S^e., §§42
and 43. Provision as to Deviation near the Mansion of B.
Gaskell, Esq., § 44,]

Cap. clzi.

An Act for the Improvement and Regulation of the Town of
Lowestoft, and the Parishes of Lowestoft and Kirhley otherwise
Kirtleg, in the County of Suffolk; and for other Purposes.

[10th Juiy 1854.]

[Saving Jurisdiction of Court of Chancery €U to Charities, & 55.
Power to borrow not exceeding j£ 6,000, on Mortgage, ^ 76.
Saving Rights of the Crown, the Lowestoft Water Company,
and ike NorfcXk Railway Company, §§92 and 93.]

Cap, clxii.

An Act to enable * the Leeds, Bradford, and Halifax Junction
Railway Company to construct a Railway in extension of and
to alter the Levels of Part of their Railway from GUdereome
Street to £ast Ardsley in the West Riding of the County of
York; and for other Purposes. [lOth July 1854.]

[Power to raise additional Capital, not exceeding 4:50,000, by
new Shares, § 16. Power to borrow on Mortgage not e&eeding
jei6,000, §2f.]

A.D-1854. 17** & 18** VICTOBLaS. adxiii,— clxvii. 887

Cap, dxiii.
An Act for the better paving, draining, lighting, cleansing, and
otherwise improving die Parish of West Bromwich in the County
of Stafford^ and for constructing Cemeteries there, and for
making, maintaining, and regulating Markets and Market Plaoes
therein ; and for other Purposes. [10th July 1854.]

[^P&wer to borrow on Security of Rates, § 20. Provisions (ts to
Works affecting the Bimdngkam^ Wolverhampton^ and Dudley
' RaUway, ^§ 23, 24, and 2^ As to Works affecting Burming-^
ham Canaiy §§26, and 27. Power to levy Cemetery Rates and
Improvement RateSf §§45 and 54, Reserving Rights of certain
Incumbents to Fees, 4^., § 48.

Cap, clxiv.

An Act to confer additional Powers on the York, Newccutle, and
Berwick Railway Con^pany for constructing Docks at Jarrow
Slake, and a Branch Eailway thereto ; and to enable the Dean
and Chapter of Durham to appropriate a Portion of the Money
payable to them for the Purchase of Lands for the same to the
Endowment of a Church ; and for other Purposes.

[10th July 1854.]

[ Saving Rights of Tyne Improvement Commissioners, Corporation
of Newcastle, and Trinity Mouse of Newcastle^ §§ 52, 53,
a7ui 54.]

Cap. clxv.

An Act to repeal the Act for more effectually repairing and
maintaining the Turnpike Road from Chapel-en'le'Frith to- or
near to Enterclough Bridge in the County of Derby, and other
Roads therein mentioned, in the County of Derby and in the
County Palatine of Chester; and to make other Provisions in
lieu thereof. [10th Jvty 1854.]

[7 4^ 8 Geo. 4. c. XXV. repealed, and this Act to be in force, § I.
Provisions as to Tolls between Chapel-en'le'Frith and Enter-
clough Bridge^ at Hayfield Bar and Fishei^s Bar, and in Glossop
Daley §§ 13, 14, and 15. Act to commence on First of November
and to continue for Twenty^ne Years, § 23.]

Cap. clxvi.
An Act to re-incorporate the Patent Solid Sewage Manure Com-

• pany, and to extend its Powers. [10th July 1854.]

|]15 4r 16 Vict, c. ii. repealed, and Company dissolved, ^^ 1. Re-
incorporation of Company, § 4. (7<ti/>t^a/ ^100,000, § 20i Power
to increase Capital to .^300,000, § 25. Saving RighU of Metro-
politan Sewage Manure Company, § 36.]

Cap, clxvii.
An Act for supplying with Gas the Townships of Famworth and
Kearsley in the County Palatine of Lancaster.

[10th Jiffy 1854.]

• {Incorporation of Company^ § 5. Capital .1^20,000, § 9. Power

to borrow on Mortgage^ ji 4,000, § 11.

3L 4

866 ackviii,clxix, 17^ & 18*» VICTORIiE. A.D.1854.

Cap. dxYiii.

An Act to enable the Bangor and Caernarvon Railway Company
to raise additional Capital, and to aathorize the Sale or Leaae
of the said Company's E^way to the CheHer and Bofykead
Railway Company. [10th Jpfy 1B54.]

[^I^ncer to raise additional Capital^ jf 40,000, by new Sharet^ § I.]

Cap, clxiz.
An Act for the Provision, Regulation, and Maintenance of County
Industrial School in Middietex. [24th Vtr/y 1864.]

[^InterpretfUion of Temu^ § 1. Justices to cause Notice to be given
of their Intention to appoint a Committee^ £ 2. Justices to t^
point a Committee to superintend the promaing of an Indatstrial
Schooly § 3. Justices mag provide separate Female Indmstrial
Schools^ § 4. Visitors to be dected annuaUy^ § 5. Meetings of
Visitors. Committee to elect a Chairman, Number ^Members
to constitute a Meeting, Questions^ how to be dedded^ §6. P&wers
to convene Meetings of Visitors in certain Cases, § 7. Visitors to
appoint a Clerhj § 8. Committee of Visitors to continue taUil
First Meeting of new Committee, §9. Provision for st^pfying
Vacancies in Committees, § 10. Where Accommodation of er-
isting Industrial School is inadequate, § 11. Committee to make
Contracts, but subject to Approbation of Quarter Sessions, § 12.
Power to Visitors to purchase, in consideration of a Rent re-
served, § 13. School mag be erected beyond the Limits of the
County, § 14. Assessment to Rates and Taxes not to be increased
after Purchases, § 15. Certain Provisions ofS^S VicL e, 18.
incorporated, § 16. Provisions for the Appointment t^ new
Trustees of Land purchased or acquired, § 17. Committee of
Visitors to order all ordinary Repairs, § 18. Power to Visitors,
with Consent of Secretary of State, to sell Lands and Build^
ings. Application of Purchase Money, § 19. - Visitors muof,
with Consent of Secretary of State, obtain a Rdeaee from Con-
tracts, § 20. Flans, ijfc, to be submitted to and approved by
Secretary of State, § 21. No Visitor to have any Interest in any
Contrcu:t or Agreement, § 22. Provision for paying Monies out
of County Rates, § 23. Power for Justices to raise Money by
Mortgage of County Rates, § 24. Provision for the Payment of
the Interest on Mortgages, and of a Portion of the Prindpat in
each Year, § 26. Money borrowed on Mortgage to be paid off
within a certain Time, §26. Persons lendmg Money on Mart*
gage of Rates not bound to require Proof that Notices have been
given, § 27. Ihwer to raise Money to pay off Sums already
borrowed, § 28. Committee of Visitors to prepare general Rules
and submit them to Secretary of State, and to make Regula*
turns pursuant to such Rules, § 29. Visitors to appoint a
Chaplain, Visitors to appoint a Medical Officer, and such
Officers and Servants as they think fit, § 30. Justices may
grant Superannuations to the Superintendent, ^., § 31. Visitors
to audit Accounts, § 32. Three Visitors at least to visit once
in every Month, § 33. Annual Reports to be made by Com-
mittee to Justices at the Sessions held after March 1 in every
Year, § 34. Judges and Justices authorized to send Children to

Industrial

A.D.1854 17* & 18 • VICTOBIJE. C. clxix— dxxv. 88»

Industrial School^ § 35. Power of Committee to detain Juvenile
Offenders sent to them^ § 36. Children may be provided for
ajrier the Term of Sentence has expired^ § 37. Justices may
mahe Order for Maintenance on Parents or Guardians^ § 38.
In case of Deaths Notices to be sent to the Registrar of Deaths^
fi 39. Schools may be inspected by Order of Secretary of State^
§ 40. Power to Justices to visit Schools^ § 41. Penalty on
OfficerSy Sfc, allowing Escapes^ S 42. Visitors may sue and be
sued in the Name of' their Clerk^ § 43. Clerh to Visitors may
prosecute for OffenceSy § 44. Penalties and Forfeitures imposed
hereby may be recovered summarily before Two Justices^ as
provided by 11 ^ 12 Vict, c, 43., and, when recovered, to be
paid to Treasurer of County to be applied by him in aid of the
Counfy RateSy § 45. Expanses of Ad to be paid out of County
Bates, §46.

Cap. clxx.

An Act for the Embankment, Beclamation, and Drainage of
Lands in the Bay of Bannd^ in the County of Wexford

[24th Jtdy 1854.]
[^Commissioners of Woods authorized, with Consent of the Trea-
sury, to grant to the Undertaker the Rights of the Crown for a
certain Consideration, § 17. Saving Rights of Lords of Manors,
^., §§ 34 and 35.]

Cap. clxzi.

An Act to amend the Acts relating to the Ambergate, Notting-
ham, and Boston and Eastern Junction Railway Company, and
to authorize the Reduction and Regulation of and certain Ar-
rangements as to the Capital of the said Company ; and for
other Purposes. [24th July 1854.]

Cap, clxxii.

An Act for more effectually draining certain Fen Lands and Wet
Grounds called ** The Great West Fen,'' in the Parish of
HUgay in the County of Norfolk. [24th July 1854.]

{\ Sf2 WUL 4. c. XX vi. repealed, % 2. Commissioners empowered
to raise ^€2,500. on Credit of Taxes, §35. Saving Right of
Company of Bedford Level, § 39. General Saving^ § 40.]

Cap. clxxiii.

An Act for more effectually repairing the Road from Stourbridge
in the County of Worcester to Bridgnorth in the County of
Salop. [24th July 1854.]

[56 Geo, 3. c, xvi. repealed, and this Act to be put in force, § 1.
Provisions €U to Payment of Tolls, S^,, §§ 15 to 20.]

Cap clxxiv.
An. Act to enable the Shrewsbury and Hereford Railway Com-
pany to lease their Undertaking. [24th July 1854.]

Cap. clxzy.
An Act to enable the DubUn and Wicklow and the Dublin and
Kingstown Railway Companies to alter certain existing Con-
tracts therein mentioned ; and for other Purposes.

[24th July 1854.]

890 Gdxxvi-^cUxxi. 17" & 18* VICTOKIj^I A^X>,1854

Cap.<ibayrL

An Aetlbr making a Railwaj from the Town •finvemgu to ihe
Town of Nairn. [24th Jmfy 1864.]

ISubscribers incorporated, § 3. Capital, €80,000, | 4. Pomfer
to borrow^ on Mortgage not exceeding One 7%trd Pari of
Capital, § 9.]

Cap, clxxvii.

An Act to consolidate the several Acts relating to the Port and
Harbour of Lovuionderry ; for the Improyement of the Naviga-
tion of the Lough and River of Lough Foyle ; and to authorise
the Construction of a uniform Line of Quays, Docks, and other
Works. t24th Ju/y 1854.]

[30 Geo. 3. c. xxxi., 2^3 WUl. 4. g. cvii. and 6 ^6 Will 4. c. Ixxiv.
repealed, § 3. Commissioners incorporated, § 16. For Protee-
tion of Ship-building Yards of W, Coppin, §31. Saving Rights
of the Crown, § 34. Saving Rights of the Irish Society, § 100.]

Cap, clxxviii.

An Act for the more effectnal Drainage and Improvement of
certain Lands in the Wapentake of Onse and Def^oent in the
East Riding of the County of York, and for other Porposes.

[24th Jufy 1854.]

\_Commencement of Act Fourth Monday after passing, § 1. Vidmers
not to include more than 300 Acres of lAind belonging to the
Rev. J. Z>. Jefferson in the Classes of Land to be taxed, § 58.
Power to borrow on Credit of District Taaces and Special Dis-
trict Tax, §§ 79 and 80. Saving Rights of the Crown and
Drainage Commissioners acting under oMer Local Acts, §§ 105.
and 106. General Saving, § 108.]

Cap. clxxix.
An Act to reduce the Capital and define the Undertaking of the
Shropshire Union Railways and Canal Company.

[24th Jufy 1854.]

Cap. clxxx.

An Act for making a Railway from the Town of Wells to join the

Norfolk Railway at Fakenham, to be called ^ The Wells and

Fakenham Railway." [24th July 1854.]

^Subscribers incorporated, § 3. Capital, ^70,000, § 4. Power

to borrow on Mortgage not exceeding jt 23,000, § 7. Not to

interfere with Land, Sfc. of Norfolk Railway Company, § 39.

Provisions as to certain Railways entering intoTre^fio Arrange^

menu, §§ 40 lo 44.]

Cap^ clxxxi.
An Act to enable the Local Board of Health for the Township of
Darlington to supply Gas and Water within their District, ^oid
' to purchase the Works of the Darlington Gas and Water Com-
pany ; to establish and regttbte- Markets and Slaughter-houses,
' and a Public Park; to construct Sewage Works, and- raise
Money $ and for other Purposes. [24th July 1854.]

{Act to commence on FiHMh Monday efier jMimi^ § %, Samng
Rights of Local Board, § 95.]

A.D.1854. ir & 16" ViCTORiJa:. Cdxxxii— clxjoeviL Wl

Cap, clszxii;
An Act fof vesting the Ardrossan Railway in tlie Glasgmb and
South'wetiem ^ilway Company, and ibr other Purposes.

[24th yti/y 1854.]
[^Saving Rights of Owner o/Ardrossan Harbour^ § 49.]

Cap. dxxziii.

An Act for transferring to the Major, Aldermen, and Burgesses
of the Borough of Biac^hum all the Powers and Property now
vested in " The Blackburn Improvement Commissioners," and
certain Powers and Property hy the Private Act of the Fourth
and Fifth Years of the Reign of Her present Majesty, Chapter
Forty-six, vested in the Overseers of the Poor of the Township
of Blackburn^ authorizing the Corporation to purchase the
Property of the Blackburn Waterworks Company, and con-t
ferring on them further Powers for the Improvement and
Regulation of the Borough ;, and for other Purposes.

[24th JTtt/y 1854. J

[^Aci to commence on Second Thnrsday afier passing, § 1 . 10 4r 1 1
Viet. e. cdv. repealed^ §6. Saving nights of Blackburn 'Gas-
Hffki and fVater Companies, § 167. Saving Bights of Lords of

, ^ Manor €f BlackLum, ^im^"]

Cap, dxxxiv.
An Act for vesting in the Caledonian Railway Company certain

Portions of the Undertaking of the General Terminus and

Glasgow Harbour Railway Company. [24th July 1854.]

£Ihwer to raise further Money, not exceeding j£'55,00(^ by Hew

Shares, § 9. Power to borrow on Mortage not exceeding

jeiO,000, § 10.]

Cap, clxxxv.
An Act to enable the Newport Dock Company to construct a
new Dock and other Works ; and for other Purposes.

[24th Jufy 1854.]

\Pawer to raise additional Money by new Shares, § 4. Saving

RighU of Sir C, M. B. Morgan, § 36. Saving Rights of South

Wales Railway Company, § 47. Saving Rights of the Customs,

§ 49. Saving Rights of the Crown^ § 69.]

C^p, clxxxvi.

An Act to enable the Portsmouth Railway Company to make

certain Alterations in the Line and Levels of their Railway,

and to extend their said Line from Godalming to Shalford;

and for other Purposes. [24th July 1854.]

Cop. dxxxvii.
An Act to authorize the Great Nor A of Scotland Railway Comi-
' pany to divert their Railway, to make a short Branch to the
Victoria Docks at Aberdeen, to 'enter into Arrangements with
the Aberdeen Harbour Commissioners and the Aberdeen Bail-
way Compatfy with respeet to a- Tramway to connect the Two
Railways ; and for other Purposes. [24th July 1854.]

892 Cdxxxviii— cxciiL 17* & 18*» VICTORIA JlD.1854.

Cap, clxzxTiiL

An Act for the more effectual Drainage and Improvement of
certain Lands in the Parish of Mukwoid in the County of Mfr-
foikj and for other Purposes. [24th Jtc^ 1854.]

[^Aci to commence on Third Monday after paMmng^ § 1. Satmg
Rights tf the Crown and Duchy c/* Lancaster^ ^ Governors rf
Bedford Levels and the Eau Brtnhy S^. Commiisioners^ §§ 8^
84, S5, and 86.]

Cap. clxzxix.
An Act for making a Railway from the South Devon Railway
near Plymouth to Tavistock^ with a Branch, to he called ** Tlie
South Devon and Tavistoch Railway," and for other Purposes.

[24th July 1854.]

^Subscribers incorvoratedy § 2. Capital £160^000^ §5. jRwer

to borrow on mortaage not exceeding ^€53,300, §9. Not to

deviate in passing through the Land of R, Daviey r^sq., without

Consenty § 23. Saving Rights of South Devon Railway § 31.

Cap. cxc.
An Act for incorporating and regulating a Company to be called
*' The Royal Conical Flour Mill Company," and to enable the
said Company to purchase, work, and use certain Letters Patent;
and for other Purposes. [24th Jufy 1854.]

[Capital^ .£295,000, § 11. Bower to borrow on Mortgage
jC98,000, § 14.]

Cap. cxci.
An Act to enable the Newport and JHttgwenily Waterworks Com-
pany to increase and extend their Supply of Water, and to
construct new Works ; and for other Purposes.

[24th July 1854.]

[9 4r 10 yict c, ccxxL, repealed^ § 1. Company re-ineorporated,

§ 6. Capital, ^"40,000, § 19. Power to raise Money by new

Sharesy § 21. Power to borrow on Mortgage not exfieding

jt'13,000, § 39.]

Cap. cxcii.
An Act for authorizing Arrangements with respect to the South
Reserve at Birhenheadj and for other Purposes, and of which
the Short Title is " The Birhenhead Dock Trustees Act, 1854."

[24th July 1854.]

Cap. cxciii.

An Act for making a Railway from Rhymney to a Point of Jane-

tion with the Newport, Abergavenny, and Hereford Railway

near BedUewyn, with a Branch up the Bargoed Rumney Valley,

to be called*' The Rhymney Railway ;" and for other Purposes.

[24th Jufy 1854.]
[^Subscribers incorporated, § 4. Capital, jC100,000, § 5. Power
to borrow on Mortgage, notexceeding je:30,000, § 9. Asia Com*
municaOon with the Newport, Abergavenny, and Hertford Rail-
way, and Saving of Rights, §§ 29 and 30. For Protection of
GeUig€ier Charity Lands, and Rhymney Iron Works, §§ 31
and 48.]

A.D, 1854. 17 *» & 18^ VICTORI^aE. C. cxdv— cc 893

Cap. cxciv.
An Act to enable the North Staffordshire Railway Company to
make a Railway from Stohe-upon- Trent to CongUUm^ with
Branches therefrom. r24th Jtdy 1854.]

\^Saving Rights of Manchester^ Sheffield, and Lincolnshire Bail-
way in respect of the Macclesfield Canal, §§ 10 to 15.]

Cap, cxcv.

An Act to repeal^ alter, amend, and extend some of the Powers

and ProTisions of *' The Tees Conservancy and Stdchton Dock

Act, 1852,** and for other Purposes relating to the Conservancy

of the Tees. [24th Jtdy 1854.]

Cap. cxcvi.

An Act for making a Turnpike Road from Garth Penbryn to
Adwyddu in the County of Merioneth, with a Bridge over the
Estuary of Traethbach in the said County. [24th July 1854.]

\jPiower to borrow Money not exceeding ATfiGO, § 34. Saving
Bights of the Crown, § 40. Act to commence on Fourth Wed-
nesday after passing, and to continue for Thirty-one Years,

Cap. cxcvu.

An Act to incorporate a Company for the Purpose of lighting
with Gas the Parishes of Tormoham and Saint Mary Church
in the County of Devon. [24th July 1854.]

[^Company incorporated, §7. Capital, £12,000, ^9. Power to
borrow on Mortgage not exceeding ^4,000, § 12.]

Cap. cxcviii.

An Act for transferring to a Company the Powers vested in the

Commissioners under ''The North Shields Quay Act, 186 1.**

[31st July 1854.]
[ Subscribers incorporated, § 3. Capital, jf 21,000, § 4. Power
to borrow on Mortgage, not exceeding ^5,000., § 7.]

Cap, cxcix.

An Act for making a Railway from the Town and Royal Burgh of
Selhirh to the Hawich Branch of the North British Railway*
about a Mile Southwards from the Galashiels Station of the said
Branch ; and for other Purposes. [3l8t July 1854.]

[^Subscribers incorporated, §3. Capital, jf 24,000, §4. Power
to borrow on Mortgage not exceeding j£ 8,000, §8. Worhs of
Hawich Branch not to be interfered with, without Consent, § 24.
As to Traffic Arrangements with North British Bailway, §§ 46
to 50.]

Cap. cc.

An Act for making a Railway from the London and North-western
Railway near Stochport to Disley and Whaky Bridge, all in the
County of Chester s and for other Purposes. [31st July 1854.]

[Incorporation of Company, § 3. Capital, jf 150,000, § 4. Power
to borrow on Mortgage not exceeding jf 50,000, § 8. Provisions
as to Manchester, Sheffield, and Lincolnshire Railway, §§ 28 to
37. Provision as to Branches on the Poynton and Worth Es-
tates, § 3iB. Provisions as to the London and North-western
Bailway^ §§ 39, 40, and 41. Saving Bights of the Crown, § 63.]

/ (7«f9. ccU

An Aet for auiilioifeui^ ifce Traosi^F <o the LotUUm mndNofHh
Iwestgm Raitwaj Company of tbe Haydtm Square Branch of
the London and Blackwall Railwaj, and for other P^upoees;

• and of whioh tbe Short Title ia " The Londtm and NoHk^
western Bailwaj Act, 1854." [Slst Jnfy 1854.]

[^Provisions as to Transfer of the Haydon Square RaUwt^ to
North-western Company f §§ 2, 3, and 4. Provisions as to Com-
pensation^ ^c.f to Paving Commissioners for Land at Haydom
Square, J^llfol4. As to QuaU/ication^ Appointment, Sfc., of
Paving Commissioners, §§ 15 to 2S. As to Joint Station and

' Common Line at Wolverhampton^ S^., §§ 29 ft> 35.]

Cap. ceil.

,An Act for enabling tbe Great Western Bailwaj Companj to
make a Branch Railway to connect tbe Berks and Hants Rail-
way with tbe Main Line of tbe Great Western Railway near
Heading; fbr extending tbe Time for Completion of Parts of
tbe Wuis^ Somerset^ ami Weymouth Railway, and for reTiving
the Powers for Purchase of Land for, and for completing other
Portions of that Railway ; and for other Purposes.

[dlBt Jtf^f 1854.]

[^Power to raise additional Capital^ jiS5,000^ for new Line and

Devites Branchy § 14. For general Purposes^ ^£1,000,000, § 15,]

Cap. cciii-
An Act for limiting the Liability of the Shareholders in the
Electric Tdegraph Company, and for granting additional Powers
to snch Company. > [3 let Jui^ 1854.]

: [JRM#«r t» raise additional Capital^ by new Shares^ qfjU^flOO,
§ 11. ^Saving Bights of Canal, Bwer, and NavigaHgm Com-
panies, { IS*.]

CSt^.cciv*

Aa Act for determining the existing Leaae of the West London

, . Railway to tbe London and JVorth-westem Railway Company,

•. and for enabling the last-mentionod Company and the West

I L&ndon Railway Company to enter into firesh Airangenients

> ibY the Sale or.Lease of tiie Undertaking of the WesiLomdcn

'' Bailvray Co;npaiiy to the London and NorA-wesiem Railway

. Company, and itat the Settlement of all Disputes between the

^ toid Companies ; and for other. Purposes. .[31st Juigf 1854.]

Cap* ccv.

Ajx Act for making a Railway from the Parish of Saint John the

.JSiMtngeUst vii^e Qit^ and jLiberty of .Westminster to Oapham

' in the County of Surreys with a Branch from such Railway to

join the authorized Line of the West End of London and

Crystal Palace Railway at Long Hedge Farm in the Parish of

Saint Mary Batterseainih^C^xiintj oi Surrey , [Slst J'W^1§54.]

. \^8uhsor%bers inetnporated, § 4. Capital, ji^480»00Q, § 5. i>wfr

' to borrow not exceeding jClQOfiOQ. on Mortgage^ §. 1(X Saving

Rights of Commissioners o/f^ers, § 122.]

. A.D. 1854. 17« & IS*' VICTORLE. C.x>cvi-,<5cxi. «W

. Caip, ccvi.

.▲b Act to dztend tiie lowers of the CbrA aikf Waierfbrd Railwky

' Company, and to enable them to abandon Part of their Railwaj

to Waterford, and the Branch to Tranmore; and for other

Purposes. [aist Jtdy 1864.]

{^Saving Rights of Corporation of Corky § 12. Company not to
borrow more than Jt\26filOOy § 31.]

Cap. ccvii.

An Act to alter the Lines and Levels of the Stratford-upon^
Avon and Stourbridge Branches of the Oxford^ Worcester^ and
Wolverhampton Railway ; to construct certain Branch Rail-
ways and Works connected therewith ; to amend the Acts re-
lating to the Oxford^ Worcester^ and Wolverhampton Railway
Company; and n>r other Purposes. [3lBt July 1854.]

\PofweT to establish Provident Institution for Servants of the Com'
pany, § 24. Disputes to be settled by Registrar of Friendly
' • Soetetiesy who may inspect RuleSy §§25 and 26.]

Cap. ccviii.

An Act to authorize Agreements between the Direct London and
Portsmouth Railway Company and the Portsmouth Railway
Company, and for winding up the Affairs of the Direct London
and Portsmouth Railway Company. ^ [3l8t July 1854.]

Cap. ccix.

An Act for enabling the Oxford, Worcester^ emd Wolverhampton
Railway Company to construct a Branch Line of Railway to
the Town of Chipping Norton in the County of Oxfordy and
for regulating the Working and Use of the same by such
Company. [818* ^^y ISSA."]

' [^Power to raise jf 24,000. by new Shares^ § 14. Power to borrow,
not exceeding jf 8,000, on Mortage, § 21.]

CVip. ccx.

^ An Act to enable the West End of London and Crystal P^jUace
Railway Company to make a Railway from Norwood to Bromley
and Famboroughy and for other Purposes. [Slst July 1854.

{J^'^fwer to raise j£80^000. by new Shares^ § 21. , Power to
borrow on Mortgage not exceeding .^^26,666. 13«. 4dl, § 24.]

Cap. ccxi.

An Act to dissolve the Yarh and North Midland and Leeds
Northern Railway Companies, and to rest their (Tndertakings
in the York, Newcastlcy and Berwieh Railway Company, to be
thenceforth called '< The Narth^^astem Railway Company,**
and to alter the Constitution of that Company, and to authorize
Working Arrangements with the Malton and Driffield Jundium
Railway. Company, and the Amalgamation of that'Company with
such United Company ;And for at)ierPi|Kpo0ea. [Slat Jk^f 1854.]

«^6 Cccxil— ccx^ii. IT'^&IS- VICTOROS. AD.1854.

Cap. cckii.

An Act for making a Railway from the Newcastte-upan- Tyne €tnd
Carlisle Railway, at or near Hexham in the County of Nor-
thumberland^ to or near the BeUmg in the Parish of Falstone in
the same County, to be called " The Border Cotmtiee Railway
{North Tj/ne Section);" and for other Purposes. [31st«/«/y 1854.]

\_Suh8criber8 incorporated^ § 4. Capital^ £250fiQO^ § 5. Powoer
to borrow on Mortgage not exceeding One Third Pari of
iSapitalj § 9. Saving Rights of NewcasiU'Upon'Tyne and
Carlisle Railway, §^ 24 and 25.J

Cap, ccxiii.
An Act for relieving the RaicUff Gaslight and Coke Company,
and their Servants and Agents, from certain Penalties and
Penal Actions* [31st Jtdy 1854.]

Cap. ccxiv.

An Act to authorize Working Arrangements between the Am-
bergate^ Nottingham^ and Boston^ and Eastern Junction BmI-
way Company and the Great Northern Railway Company, or
Lease or Sale to the last-named Company. [31st July 1854.]

Cap. ccxv.

An Act for making a Railway from the London and South-western
Railway at Salisbury to Yeovil^ and to form a Junction with
the Railways at Yeovil of the Crreat Western and Bristol and
Exeter Railway Companies respectively; and for other Pur-
poses. [7th August 1854.]

^Incorporation of Company^ § 3. ICo^ital^ ^400,000. Power to
borrow not exceeding One Third of Capital^ on Mortgage^ § 8.
For Protectiony SfC., of the IVUts, Somerset, and Weymouth RaU-
^ay> §§ 34 to 39. Provisions as to the London and Sou^-
western Railway, §§40 to 45, Saving Rights of Ducky tf
Cornwall and the Crown, §§ 46 and 47,]

Cap. ccxvi.

An Act to repeal and amend the Act for incorporating the BriOdi
Guarantee Association, and to make further Provisions as to
the Management and Regulation thereof. [7th August 1854.]

[9 4* 10 y^^' c* ccclxxv. repealed^ and Company dissolved^ § 1.
Re-incorporation of Company, § 6. Capital, ^250,000, § 25.1

Cap. ccxvii*

An Act to transfer the Paisley Waterworks to the Magistrates

and Council of Paisley, and to enable them to construct addi-

tional Works for supplying Paisley, JohnHone, and Places

adjacent, with Water. [7th August 1854.]

[5 4* 6 Will. 4. c. Ixxx. in part repealed, § a For ProteeUon of
Messrs. Harvey, Houston, and Richardson, §51. Power to
borrow, not exceeding ^£70,000, on Mortgage^ § 70J

A.D.1854. 17^ & 18» VICTOBIJE. C.ccxviii— ccxxu 897

Cap. ccxviii.
An Act for making a Bnilwaj from the South Wales Bailwaj
at or near the Borough of Carmarthen to the Town of New^
castle Endyn^ with a view of being hereafter extended to
the Town and Harbour of Cardigan; and for other Pur-
poses. [7th August 1854.]

[Incorporation of Company^ § 3. Capital^ j£247,700, § 4, Power
to \borrow not exceeding ^80,000. on Mortgage, § 9. Pro-
visions as to Traffic Arrangements, §§ 48 /o 53.]

Cap* ccxix.

An Act to repeal an ^* Act for better regulating the Poor within
** the City of Oxford^ and to grant further and more effectual
Powers in lieu thereof; and also to provide for rating to the
Belief of the Poor certain Hereditaments within the University
of Oxford. [7th August 1854.]

£11 Geo. 3. c. xvi. repealed, and this Act to take effect on passing,
§ 1. Not to affect the Privileges of the University or the City,
§ 51. Nor to abridge Hie Power of the Poor Law Board, § 53.]

Cap. ccxx.
An Act for authorizing and confirming Arrangements and Agree-
ments between the Eastern Counties Bailway Company and all
or any of the Norfolk, the Eastern Union, the Ea^t Anglian,
and the Newmarket Bailway Companies, and for other Pur-
poses ; and of which the Short Title is " The Eastern Counties,
and the Norfolk, the Eastern Union, the East Anglian, and the
Newmarket Bailways Act, 1854." [7th August 1854.]

\_ Saving Rights of the Eastern Counties, the Norfolk, the Eastern
Union, the East Anglian, and the Newmarket Railway Com-
panies, §27.]

Cap. ccxxi.
An Act to alter and extend the North Metropolitan Bailway, and
to consolidate and amend the Provisions relating thereto,

[7th August 1854.]

^After passing of this Act, 16 4* 17 Vict, c. clxxxvi. repealed, § 1.
Capital jt300,000, authorized by repealed Act, and ^700,000.
by t/iis Act, making .4'!, 000,000, § 11, Power to borrow on
Mortgage not exceeding ^333,000, § 17. If Great Western
Railway Company appoints Directors, tJiey shall not vote as
Shareholders for Directors, § 25. Extension to Paddington,
§ 31. Provisions as to Junction with Great Western Railway,
and its Traffic, §§ 32 to 36. Provisions as to Works, Traffic,
Sfc, of Grand Junction Canal Company, §§ 37 to 44. Extension
to Post-office, § 45. Provisioiis as to Communication, ^c, with
Great Northern Railway, §§ 46, 47, 48. As to Construction of
Railway under and on Land belonging to Corporation of Lon^
don, §§ 50 to 58. As to Communication, S;c., with North-western
Railway, §§ 59, 60, and 61. As to Gauge of Railways, §§63
and 64. As to Interference with Streets and Roads, ^^65 to 80.
A7id as to taking Coldbath Fields Prison, and erecting a neio
17 & 18 VictI 3 M 'One

898 Cccxxi,ccxxiL 17' & 18» VICTORI-SI. A.D.18/S4

One in lieu thereof, ^., §§ 81 to 88. Not to take Lands behng-
ing to Christs Hospital or Saint Bartholomev^s Hospital, wiikout

' Consent^ §§ 92 and 93. Power to enter into Contracts with Cor-
poration (f London as to Purchase of Lands^ Sfc., § 94. Provt-
sums as to purchase of Burial Grounds in Saint Sepulchre and
Saint Botolph Aldersgate^ ^., §§ 95 to 98. Works qffeetimg
Sewers to be executed under the Superintendence of the Com-

• wiksioners, §S 104 and 106. I^rwisions as to Water oMd Gas
Companies^ S§ 106, 107, and 108. Provisions as to hreakimg
up, repairing Roads, S^c, in the Parish of Paddxngton^ §§ 109
to 129. Provisions as to breaking up, repairing Roads, Sfc., in
the Parish of Saint Marylehone, §§ 130 to 145. Provisions as
to breaking up, repairing Roads^ S^c, in tJie Parish <^ Saint
Pancras, §^ 146 to 162. SubsoU not to be deposited within the

. Districts of the Sout/iampton or South-western Paving Trusts,
§ 163.. Saving Rights cf Southampton Paving Trust Commis-
sioners, SfC, § 164. Stations not to be erected within certain
Distances of Churches, § 165. Ground belonging to Lord South-
ampton not to be taken without his Consent, § 166. Provisioms

' as to Lands, SfC., belonging to Ae Rev. W. Bume, §§ 167 to 170.
Lands belonging to Sir E, B, Baker not to be taken without Con-
sent, § 171. Company not to interfere with Subterranean
Passage in Park Square in Saint Marylehone, and Works under
Pcusage or Tunnel to be executed as approved by Commissioners
of Woods, and Commissioners acting under " The Crown Paving
Act, 1851," § 172. Saving Rights of Crown Estate Paving
Commissioners and the Crown, |§ 173 and 174. Company to
provide Supply of Water to Inhabitants of Harewood Square,

; Milton Street, and Boston Place, if Supply of Spring Water
interrupted^ § 175.]

Cap. ccxxii.

An Act to authorize the Consolidation into One Undertaking of

the Great Western, the Shrewsbury and Birmingham, and the

Shrewsbury and Chester Railways^ and the Union into One

Company of the Three several Companies to whom the s^d

, Railways respectively belong. [7th August 1854.]

[^AU Shares, whether ordinary, preference^ or fixed^ of the Bir»

\ mingham and Chester Companies^ united with and form Part of

^Copital of Great Western Railway Company, § 12. Xothing

to affect Rights of R. M. Biddulph and G. JET. Wholly, §54.

Saving Rights of Trustees of Bifhenhead Docks, § 55.]

A.D.1854. 17*' & 18« VICTORI-zE; • C 1 --5. 899

^ PRIVATE ACTS,

PRINTED BY THE QUEEN's PRINTER,

AND WHERJPOF THE PRINTED COPIES MAY BE GIVEN
IN EVIDENCE.

Cap. 1.

AN Act to authorize Sir IVUliam MUbome MUbome Swinnerion
Baronet, and his Issue, to resume and bear the Surname of
PUkington jointly with the Surnames of MUbome and Swiniier^
tan^ and to be called by the Surnames of MUbome Swinnerion
FUkingtony and for such Purposes to repeal in part an Act of
tho Sixth and Seventh Years of the Reign of His late Majesty
King fViUiam the Fourth. [16th June 1854.].

Cap. 2^

An Act to amend "Flemins^s Estate Act, 1852.'* [7th /t% 1864.],

[^General Saving of Bights^ § 4.]

Cap. 3.
An Act 'for effecting an Extinguishment of the Life Estate and
Interest of Mistress Violetta Matters and th^ Trustee of her
Marriage Settlement of and in a Freehold Close or Parcel of
Land situate in the Parish of Saini Margaret^ Leicester.

[7th J«fy 1854.1
{^General Saving of Bights, § 6.]

Cap, 4.

An Act to enable the Trustees of the Estates of Henry Smith

Esquire, deceased, or any Seven or more of them, to grant

Building Leases of an Estate in the Parishes of Kensington,

' Chelsea, and Saint Martin in the Fields in the County of Mid-

' dlesex^ and for the Confirmation of certain Leases, and to
enable Seven or more of the slild Trustees to make Leases and
Estates, pursuant to the Deed of Uses of the said Henrg Smithy
and for other Purposes. [7th Jtdy 1854.]

[Power to grant Btulding Leases of the Estates in the Parishes
of Kensington, Chelsea, and Saint Martin^-the^Fields, § L
General Saving of Bights, § 13.]

Cap. 5«
An Act for enlarging the Powers contained in '< ThomhUTs
Estate Act, 1852,** and for granting further Powers in respect
of the ThomhiU Estote. [7th Julg 1854.]

[General Saving of Bights, § 26.]
dM2

900 ae— 11. 17* & 18« VICTORIA. ' A.D.1854.

Cap. 6.
An Act for authorizing the granting of Building Leases of Lands
held under the Will of fFilliam Green deceased, situate at
Bunworth in the Countj of Lancaster. [10th Jnfy 1854.]

[^General Saving of Riff his, § 16.]

Cap* 7.
An Act for granting Powers of Leasing, Sale, and Exchange, and
other Powers, for the Management of Freehold, Copjhold, and
Leasehold Estates devised by or which now stand limited to
the Uses of the Will of the Right Honourable George Obrien
Earl of Egremont deceased. [ 1 0th Jti/y 1 8o4. ]

[^General Saving of Rights, § 66« Exceptions from General
Saving, § 67]

Cap. 8.
An Act for authorizing the Sale of Estates devised bj the Will
of John Fowler deceased, and for other Purposes ; and of which
the Short Title is ''Fowlers Estate Act, 1854."

[24th July 1854.]
[General Saving of Rights^ § 18.]

Cap. 9.
An Act for the Distribution of the Compensation paid under the
London Necropolis and National Mausoleum Act, 1852, for the
Extinction of the Commonable or other Bights over and in
Woking Common; and whereof the Short Title is *' Woking
Commoners Act, 1854." [24th July 1854.]

[ The Inclosure Commissioners, and their Assistant Commissioners^
Secretary, Clerks, Sfc. may assist in executing this Act, as if the
same were within the Ptovisicns of the severed Public General
Acts in force, §§3 and 4. Power to Commissioners to require
Security, by Bond or otherwise, for Expenses, § 5. Appointment
of Committee for executing Act, § 6. Vacancies in Committee to
be filled up by Cotnmissioners, 5 7. General Saving, § 72. Ex-
ception from General Saving, § 73.]

Cap. 10.
An Act to enable certain Persons to grant Leases for Building
and Mining Purposes of the Estates in the Parishes of Pen^
derryn and Ystradfellte in the County o{ Brecon, devised by the
Will of the Reverend Reynold Davies Clerk, deceased.

[24th July 1854.]

[^General Saving, § 11.]

Cap. 11.

An Act for enabling Sales to be made of Estates at Manningham
in the Parish oi Bradford, and at Idle in the Parish of Calverley,
both, in the West Riding of the County of Vork^ devised by the
Will of William Snell; and for other Purposes.

[24th July 1854.]

[^General Saving of Rights, § 13.]

A.D.1854. 17*^ & 18^ VICTORLai C. 12—18. 901

Cap. 12.

An Act to incorporate the Craft of Shoemakers of the Burgh of
Aberdeen; to confirm the Titles and Conveyances, and to regu-
late the Administration of the Estates and Affairs, of the said
Craft ; and for other Purposes relating to the Society.

[24th July 1854.]

Cap. 13.
An Act for enabling Leases, Sales, and Exchanges to be made of
Lands subject to the Will of George Ward deceased* and for
other Purposes, and of which the Short Title is ** Ward's
Estate Act, 1854." ^ [24th Jiify 1854.]

[^General Saving of Rights^ § 53. Exception from General
Savingf § 54.]

Cap. 14.
An Act for the better Division and Management of certain Estates
in the County of Lancaster^ the Property of Abraham and (the
kte) Af/red Darby Esquires. [24th July 1854.2

IGeneral Saving of Rights, § 21.]

Cap. 15.
An Act for authorizing the granting of Leases of Mines in Estates*-
in the County of Glamorgauy devised by the Will of the Reverend
Reynold Davies deceased, and for other Purposes, and of which
the Short Title is " Jenhins^s Estate Act, 1854."

[24th JM/y 1854.];
[^General Saving of Rights^ § 37 Exception from General
Saving, § 38.]

Cap. 16.
An Act to enable the Trustees of the Will of Anthony Wilkinson
Esquire, deceased, to grant Leases. [31st July 1854.^^

{^General Saving of Rights, with certain Exceptions, § 26.]

Cap. 17.
An Act to empower the Warden and Scholars of the House or
College of Scholars of Merton in the University of Oxford to
sell certain Lands situate in the Parish of Holywell otherwise
Saint Cross in the City of Oxford^ and to lay out the Monies to
arise from such Sales in the Purchase of other Hereditaments.

[31st July 1854.]
[ General Saving of Rights, § 6.]

Cap. 18.
An Act to authorize the Sale of certain Messuages, Lands, and
Hereditaments in the East Riding of the County of York, Part
of the Estates devised and settled by the Will of Bertram
Osbaldeston Mitford Esquire, deceased, and for kying out the
Money produced by such Sale in the Purchase of other
Estates. [31st July 1854.]

[Getieral Saving of Rights, with certain Exceptions, § 16.]
3M 3

»0« C. 19^-24. 17 «• & 18^ VICTOBLfi. A.D.1S54.

Cap. 19.

J^ Act to enable the Trustaes of the Right EUmourable Jwmn
Earl of Ftfe deceased to complete the Sale of the outljing
Estate of Blervie in the Coanty of Moray^ and to reinvest the
Sale Monies in the Purchase of more convenient Estates, to be
settled upon the same Trusts ; and for other Purposes.

[3l8t Jml^ 1854.]

\^Saving of to Tnui Deed and Deeds of Entail executed bjf Jmmes
Earl of Fife, § 5. General Saving of Rights, § 6.]

Cap. 20.

An Act for vesting in Trustees for Sale the settled and devised
Estates of Richard Terrkk Stainforlh Enquire, deceased ; and
for other Purposes. [31st Jnfy 1854.]

[^Creneral Saving of Rights^ with certain Exceptions, § 14.]

Cap. 21.
An Act to extend the Time during which the Trustees of the Iftte
Sir Gilbert Stirling of Mansfield Baronet wvre authorized to
purchase Lands to be entailed in the Terms declared bj certain
Trust Deeds executed by him ; to enable the Trustees to pur-
chase within any Part of Scotland; to regulate the Powers cii
borrowing conferred by the said Deeds ; and for other Purposes
reeling thereto. [31st Jkly 1854.]

£freneral Saving of Rights^ with certain Exceptions^ § 8.]

Cap. 22.
An Act to enable the Trustees of a Settlement executed prior to
the Marriage of Thomas ThomhUl^ late of Fvdn^ in the County
of Yorhy Esquire, deceased, with Honoria Forrester Spinster, to
grant Building and other Leases of the Estates subject to the
Trusts of the said Settlememt, and to sell and exchange the same ;
and for other Purposes. [31st Jtcfy 1854.]

[^General Saving of Rights, with certain Exceptions, § 51.]

Cap. 23.

An Act for incoi^|>orating the Trustees of the School and Chanty

Estates and Property belonging to the Parish of Saint Catherine

in the County and County of the City of Dublin, for the better

' Management of such Estates and Property, and for the due and

careful Application of the Income of the same.

[31st J«/y 1854.]

[Saving the Rights of the Crown, § 22.]

Cap. 24.

An Act to ascertain the Periods when the Division, und^ the

Church Building Acts, of the Parish of Stodiport in the County

Palatine of Chester into the Two distinct and separate Pteishes

of Saint Mary in Stockport and Saint Thomas in Stoehfort

AaO

A.D-1854. 17^ & 18- VICTORIiE, C.24— 29. 903

shall take complete Effect, and the Exercise of the Rights of
Presentation to the Rectories or Churches of the same Parishes
respectivelj shall commence ; and for other Purposes.

[31st Jti/y 1854.]
[DJMtbn of Parish to take effect on First Avoidance of Rectory
after passing^ § 1. Provision as to Right of Presentatwn to Rec-
tories of Samt Mary and Saint Thomas in Stochport^ § 2. PrO'
vision in case of there being a Perpetual Curate of Saint Thomas
at First Avoidance of Rectory^ iz» General Saving of Rights^
§ 6^ /Exceptions from General Saving^ § 7.]

Cap. 25.
An Act to extend the Power to lease the Settled Estates of the
Earl of Harrington^ situate in the Parishes of St^ Margaret
Westminster and Saint Mary Abbotts Kensington in the County
o£ Middlesex, and for other Purposes ; and to be entitled "The
Earl of Harrington's Estate Act, 1854.'' [7th August 1854.]
{^General Saving of Rights, with certain Exceptions^ § 17.]

Cap. 26.
An Act for vesting certain Estates in the County of Lincoln,
entailed bj an Act of Parliament of the Twenty-seventh Year
of the Reign of His Majesty King Henry the Eighth, in Trustees,
upon trust to sell the same» and to lay out the Monies thence
arising in the Purchase of other Estates, to be settled to the same
Uses as the Estates so sold. [7th August 1854.]

[^General Saving <f Rights, with certain Exceptions, § 9.]

Cap. 27.
An Act for vesting in Trustees, for Sale, under the Authority of
.the Court of Chancery, an Estate in the County of Surrey,
acquired by Partition under the Decree of that Court in lieu
of those undivided Shares of Freehold Property devised by the
Will of Thomas Bailey Heath SeweU Esquire, deceased, iVusts
of which are declared by that Will for the Benefit of the Tes-
tator's Son and his Issue therein described ; and for investing
the Monies to arise from such Sale for the Benefit of the Parties
beneficially interested in the same Estate. [7th August 1854.]
[^General Saving of Rights, § 10. Exception from General
Saving, § 11.]

Cap. 28.

An Act to provide for the Winding-up of the Trust Affairs of

the late Hugh Earl of EgUnton, and to amend the Acts relative

to Ardrossan Harbour in the County of Ayr; and for other

Purposes. [7th August 1854.]

Cap. 29.

An Act to authorize the granting of Mining and Farming Leases

of Estates subject to the Uses of the Will of Miles Staveley

Esquire. [7th August 1854.]

[^General Saving of Rights, with certain Exceptions, § 15.]

3M 4

004 C30— 35. 17* & 18* VICTOBIJEL A.D.1854.

Cap. 30.

An Act to aatborize tbe grantiog of BoDding Leases for kwg
Terms of Years of Parts of the Estates devised bj tbe Will of
Joseph Fed Esquire, deceased* [7tb Avffmst 1854^]

[^General Saving of Rights^ § 32. Exceptions from General
Saving, § 33.]

Cap. 31.

An Act to authorize the granting of Building and otber Leases
of the Settled Estates of Thomas Charles Homyold Esqaire, in
tbe Counties of fVorcesier and Hereford; and for other Pur-
poses. [7tb August 18J4.]

[^General Saving ofRightSy with certain Exceptions^ § 39.]

Cap. 32.

An Act for authorizing the granting of Building, Improving, and
Mining Leases bj the Eeverend James Allan Park Clerk, as
Tenant for Life in possession, and other Persons in succession
after bis Death, of Settled Estates at Marton in the Conntj of
Yorkj comprised in an Indenture of Settlement dated tbe Six-
teenth Day of July One thousand eight hundred and fift j-tvo ;
and for other Purposes. [7th August 1864.^

[^General Saving of Rights^ with certain Exceptiofu^ § 20.]

Cap. 33.

An Act for authorizing the granting of Building Leases and
Leases for working Brick Earth, of Settled Estates in the
County of EsseXj of the Right Honourable IVUUam Bernard
Lord Petre Baron of WrilUe in the County of EsseXy and of
whicb Act the Short Title is <' Tho Petre Estate Act, 1854."

[7th August 1854.]

[^Creneral Saving of Rights^ with certain Exceptions^ § 51.]

Cap. 34.

An Act for the Partition of the Mowhrick otherwise Mowbreek
Estate in the County of Lancaster. [10th August 1854.]

[^General Saving of RightSy with certain Exceptions^ § 9.]

Cap. 35.

I Ah Act to authorize the Sale or Exchange of the Glebe Land of

the Vicarage of the Parish of Bradford in the West Riding
of the County of Yorkt and of other Land in the said Parish of
Bradford^ held in trust for and to bo henceforth vested in tbe
Vicur o£ Bradford; and to authorize Leases of the said Lands
respectively ; and for other Purposes. [10th August 1854.]

^General Saving of Rights^ with certain Exceptions, § 13.]

A.D.1854. 17 » & 18* VICTORIA | C36-.38. 905

Cop. 86.

An Act for eoabling tbe granting of Leases for Mining and other
Purposes, and the ma^ng of Sales and Exchanges, of certain
Part of the Estates devised bj the Will and Codicils of Sir
fViOiam Fauiis Baronet, deceased. [10th August 1864.]

[ General Saving of Bights^ wiih certain Exceptions^ § 16. Jhrth-
visions as to Consents of Richard RoundeU Currer and NorcUffe
NorcUffe, §§ 17 and 18.]

Cap. 37.

An Act for authorizing the granting of Building, Improving^ and
Mining Leases of Estates in the Parish of Rockdale in the
County of Lanccuter^ comprised, as to certain undivided Shares,
in the Marriage Settlement of Marcus Wor^ey and Harriet his
Wife, and devised, as to the other undivided Shares, bj the Will
of Sarah Hamer deceased. [10th August 1854.]

[ Oeneral Saving of Rights^ with certain ExeeptUms^ § 28.]

Cap. 38.

An Act to authorize Conveyances in Fee or Demises for long
. Terms of Years, under reserved Rents, of cef tain Parts of the
Settled Estates of Charles Richard Banastre Legh Esquire.

[10th August 1864.]

[^General Saving of Rights, trith certain Exceptions, § 18.]

INDEX

TO THE

PUBLIC GENERAL ACTS, 17° & 18 « VICTOIILE.

The Aifterisk (*) signifies that the Act relates exclusive^ to IrehiruL

AbERDARE (Glamorgan), to con-
linn a Provisional Order of the
General Board of Health for
the District of - Cap. 53

Acknowledgment of Deeds by Married
Women; to remove Doubts
, conoeming the due Acknow-
ledgment of Deeds by Married
Women in certain Caiietf - 75

Administration of the Estates of de-
ceased PersopiS to amend the
Law relating to • 113

Admiralty, to empower the Commis-
sioners of, to construct a Tunnel
between Her Majesty's Dock-
yard at Devonport and Her
Majesty's Steam Factory Yard
at Key ham, and to acquire cer-
tain Property ibr Her Majesty's
Service - - - 15

for vesting the Harbours of

Holyhead in - - 44

to appoint Persons to adminis-
ter Oaths, and to substitute
Stamps in lieu of Fees, and for
other Purposes, in the High
Court of Admiralty . - 78

Animals, to amend 12 & IS \nct. c. 92.,
for the more effectual Preven-
tion of Cruelty to - - 60

Annuities, to repeal the Laws relating
to the Enrolment of - 90

Appropriation of Supplies - - 121

Army; for punishing Mutiny and De-
sertion, and for the better Pay-
ment of the Army and their
Quarters ... 4.

Army Prize Fund; to authorize the
Application of tf Sum of Money
out of the forfeited and un-
claimed Army Prize Fund, in
enlarging and improving the
Royal Military Asylum - 61

Assessed Taxes, to explain and ai

16 k 17 Vict. c. 90., relating to
the Duties of • Cap. 1

for better securing the collect-
ing and accounting for, by the
Collectors thereof - - S5

Aueklatfd. See Bishop .AncUand.

Augmentation of Benefiees, to extend
the Provisions of the Acts
for - - -• - 84

Bankruptcy, for regulating Appoint-
ments to Offices in the Covt
of, and for amending the Laws
relating to Bankrupts - 119

Banks. See Joint Stock Banks. Sav-
ings Banks.

Beer; for further regulating the Sale
of Beer and other Liquors on
the Lord's Daj - -79

Benefices, to extend the ProYisioDs of
the Acts for the Augmentatioa
of - - . . S4

Bills of Sale; for preventing Frauds
upon Creditors by Secret ISiUs
of Sale of personal Chatteb 96
for the Registration of - *55

Births, to provide tor the better Regis-
tration of - - - 90

Bishop Auckland (Durham), to con-
firm a Provisional Onieroftbe
General Board of Health for
the District of - - 53

Board of Health ; to confirm Provisional
Orders of the General Board
of Health for the Districts of
Plymouth, Haworth, Aberdare,
Bishop Auckland, WillenfaaU,
and Over Darwen • - 55

Boards of Health (Local), to indem-
nify, as regards rating for the
Repairs of Highways under the
Public Health Act, 1848 • 69

17** & W VICTOKMS-

907

Borough Sates, to amend tKe Law
concerning the making of, in
Boroughs not within. the Muni-
cipal Corporatiou AcU • Cap. 71

Boundary Survey; to make further
Provision for detining the boun-
daries of Counties, Baronies,
Half Baroniefii, Parishes, Town
Lands, and other I^ivisions and
Denominations of Land, for
public Purposes -.. - ♦H

Bounty Money, for facilitating the Pay-
raent of, to and amongst the Offi-
cers and Crews of Her Majesty's
Ships and Vessels of War - 19

Bdbery at Elections of Members of
Parliament, to consolidate and
amend the Laws relating
to - . - - 102

Burials beyond the Limits of the Me-
tropolis, to make further Pro-
vision for - - - . 87

Canada, to empower the Legislature of,
to alter the Constitution of the
Legislative Council for that
Province, .and for other Pur-
poses - - - - 118

Canals, for the better Uegutation of
the Traffic on - - SI

Capitular Estates,, to cpntinue and
amend 14* & 15 Vict c. 104*.,
to facilitate the Management
and Improvement of - 116:

Chancery, to provide for tlie- Payment
of the Salaries of the Sheriff
and Sheriff Clerk of - 72

-«— ^— (High Court of), to make fur-
ther Provision for the more
speedy and efl^cient Despatch
of Business in - - IGO

—,— — (Court of) of the County Pala-
tine of Lancaster, further to'
improve the Administration of
Justice in • - • 82

Church Building Acts Amendment;
to facilitate the Apportionment
of the Rent when Parts of
Lands in Lease are taken for
the Purposes of the Church
Building Acts - - 32

Churches (New), to continue Her
Majesty's Commission for
building - - - 14

ChurchTeniporalitiesActy to amend *l 1

Civil Causeft, to allow Verdicts on
Trials- by Jury in, to be re-
turned, although the Jury may
not be unanimous - Cap. 59

Coasting Trade, to admit Foreign
. Ships to - - - 5

Collectors of the Land Tax, Assessed
Taxes, and Income Tax; for
better securing the collecting
ai^d accounting for them, by
the Collectors thereof - 85

Commissioners of Works ami Public
Buildings, to place public Sta-
tiies within the Metropolitan
. Police District under the Con-
trol of - - - 38

Com^ion, Commonable, and other
Rights, to facilitate 'the Pur-
chase of, by the principal
Officers of Her Majesty's Ord-
nance - - •> - 67

Common Law Procedure Act; for the
further Amendment of the Pro*
cess, Practice, and Mode of
Pleading in and enlai^ing the
Jurisdiction of the Superior
Courts of Common Law at
Westpiinster, and of the Supe-
rior Courts of Common Law of
the Counties Palatine of Lan-
carter and Durham - 125

Consolidated Fund, to apply the Sum
of 8,000,000/. out of, to the
Service of the Year 1854- - 2. 21

to alter tlio Mode of providing

for certain£xpenses^ cow charged
upon - - - M

Consolidated Fund ( Appropnation); to
apply a Sum out of the Conso-
lidated Fund, and certain other
Sums, to the Service of th^
Year 1854, and to appropriate
. the Supplies granted^ in this
Session of Parliament - 121

Convict Prisons, for the Formation,
Regulation, and Government
of - . . - *76

Cornwall (Duchy of), for the Exchange

^ of the Office of, in Somerset

House, for an Office to be

erected in Pimlico on the

Hereditary Possessiona of the

. Crown . - - - 93

908

INDEX to the Fablic General Acts,

Connty Court Extension Acts Amend-
ment; to amend IS & 14 Vict
C.61. and 15&16Vict c.54.,
relating to certain Proceedings
in County Courts - Cap. 16

Court of Admiralty. See Admiralty.

Court of Bankruptcy; for regulating
Appointments to Offices in 119

Courts of Law in England, Ireland,
and Scotland, enabled to issue
Process td compel the Attend-
ance of Witnesses out of their
Jurisdiction, and to give Effect
to the Service of such Process
in any Part of the United
Kingdom • - S4

Courts of Common Law; for the fur-
ther Auirndmcnt of the Process,
Practice, and Mode of Pleading
in, and enlarging the Jurisdic-
tion of the Superior Courts of
Common Law at Westminster,
and of the Superior Courts of
Common Law of the Counties
Palatine of Lancaster and Dur-
ham - - - - 125

Credltof s ; for preventing Frauds upon,
by Secret Bills of Sale of per-
sonal Chuttels - - 36

Crime and Outrage, to continue
11 86 12 Vict. c. 2., for the better
Prevention of - - ♦QS

Crown Revenuf!S. See Land Revenues
of the Crown.

Cruelty to Animals, to amend 12 & 13
Vict. c. 92., for the more effec-
tual Prevention of - - 60

Customs, to alter and amend certain
Duties of - - - 28

■ to alter the Duties of, on Sugar,

Molasses, and Spirits - 29

. for the further Alteration and

Amendment of the Laws and
Duties of - - - 122

Dead, to make further Provision for
the Burial of, beyond the Limits
of the Metropolis - - 87

Deaths, to provide for the better Re-
gistration of - - - 80

Deeds, to remove Doubts concerning
the due Acknowledgment of,
by married Women, in certain
Cases . - . - 75

Desertion. See Army.

Devonport; to empower the Commis-
sioners of the Admiraltj to
construct a Tunnel between
HcrMigesty's Dockyard mft, wad
Her Majesty's Steam Factory
Yard at Key ham, and to acqaire
certain Property for Her Ma-
jesty's Service - Cap. 15

Distillation (Illicit); to amend the
Laws for the Suppression of • ^^99

Dublin, to enable tlie Collector General
of, to levy Money to repay a
certain Outlay by the Corpora-
tion, for preserving and im-
proving the Port of Dublinr hi
and about repairing the Quav
Wall of the River Lifley, and for
future Repairs tbereof, and for
repairing andrebuildingBridcck^
over tbe said River - - *22

to amend tbe Dublin Carnage

Act, 1853 (16 & 17 Vkr.
c. 112.) - - - ♦iS

to provide for the Establish-

ment of a National Gallery of
Paintings, Sculpture, and tbe
Fine Arts, for the Care of a
Public Library, and for the
Erection of a Public Museum
in - - . - •SD

Duchy of Cornwall OfSce ; for tbe
Exchange of the Ofliee in
Somerset House of the Duchy
of Cornwall for un Office tf» be
erected in Pimlico on the He-
reditary Possessions of the
Crown* - - - - 95

Durham (County Palatine of); tor the
further Amendment of the Pro-
cess, Practice, and Mode of
pleading in, and enlarging the
Jurisdiction of, the Superior
Court of Common Law of -1 25

Duties. See Assessed Taxes. Cus-
toms. Excise. Income. Stamp
Duties.

Ecclesiastical Courts, to alter and im-
prove the Mode of takio/r
Evidence in - - - 47

Ecclesiastical Jurisdiction, for further
continuing certain temporary
Provision! concerning • 65

17* & 18 • VICTORIA

909

Election of Members of Parliameot, to
consolidate and amend the
Laws relating to Briber}',
Treating, and undue Influence
at • - - Cap. 102

Enrolment of Annuities, to repeal the
Laws relating to • - 90

Episcopal Estates, to continue and
amend 14 & 15 Vict. c. 104., to
facilitate the Management and
improvement of - - 116

Estates ; to amend the Law relating to
the Administration of the Es-
tates of deceased Persons - 1 1 3

(Incumbered), to facilitate the

Sale and Transfer of, in the
West Indies - - 117

Evidence, to alter and improve the
Mode of taking, in the Eccle-
siastical Courts - - 47

Exchequer, to provide for the Repay-
ment of Monies advanced from,
to the County of Mayo, for
public Purposes - - 110

Exchequer Bills ; raising 1,750,000/.
for the Service of the Year
1854 . - - - 3

raising 16,024,100/. for the

Service of the Year 1854 - 12

Exchequer Bonds and Exchequer Bills,
raising 6,000,000/. by - 23

Excise, for granting certain additional
Rates and Duties of - 27

■■ ■ for granting certaiii Duties of,
on Sugar made in the United
Kingdom - - - 30

Fees, to substitute Stamps in lieu
of, in the High Court of
Admiralty - - * - 78

Fine Arts 4 to provide for the Estab-
lishment of a National Gallery
of Paintings, Sculpture,-and the
Fine Arts in Dublin - *99

■ to afford greater facilities

for the Establishment of
Institutions for the Promotion
of ... 112

Frauds upon Creditors, by secret Bills
of Sale of personal Chattels,
for preventing - - 36

Friendly Societies, authorized to invest
the whole of their Funds in
Savings Bank - - *50

Friendly Societies, to make further
Provisions in relation to certain
Friendly Societies - Cap. 56

to continue and amend the

Acts now in force relating
to - - - - 101

Galway, to settle the Contribution to
be made by certain Baronies
in, to the Midland Great West-
ern Railway of Ireland Com-
pany - . - *124

Gaming Houses, for the Suppression
of - - - - 38

General Board of Health, to confirm
Provisional Orders of, for the
Districts uf Plymouth, Ha-
worth, Aberdare, Bi:»hop Auck-
land, Willenhall, and Over
Darwen - - - 53

Gold and Silver Wares; for allowing
Gold Wares to be manufactured
at a lower Standard than that
now allowed by Law, and to
amend the Law relating to the
assaying of Gold and Silver
Wares - - - 96

Graduates of the Universities of Ox-
ford and Cambridge, in respect
to the Practice pf Physic, to
extend the Rights of, to
Graduates of the University of
London - - - 114

Haworth (W. R. York), to confirm a
Provisional Order of the Gene-
ral Board of Health for the
District of - • - 55

Health. See General Board of Health.
Public Health.

Hempen, &c. Manufactures, to con-
tinue 5 & 6 W. 4. c. 27., 3 & 4
Vict. c. 91., 5 & 6 Vict, c 68.,
7 & 8 Vict c. 47., 1 3 & 14 Vict.
c. 48., 15 & 16 Vict. c. 13., and
16 & 17 Vict. c. 103., relating
to - - - . •46

Heritable Securities, to extend the
Benefits of 8 & 9 Vict. c. 31.
and 10 & 1 1 Vict. c. 50. relat-

, ing to the Cnn>titution, TrauB-

mission, and Extinction of- 62

j Heritages, for the Valuation of - 91

910

INDEX to the Public General Acts,

High Treason, to assim late the "Law
and Practice in Cases of High
Treason in Ireland, to the Law
and Practice existing in Cases
of High Treason in Eng-
land • - - Cap. 26

Highways (South Wales); for extend-
ing the Tinue for putting into
. exeeulinn 14 & 15 Vict c. 16.
for the butter Management and
C'lntrbl of Highway It in South
Wales - . . * • 7

Highway Rates, to continue 4 & 5
VicL-c. 59- for auMiorizing the
Application of, to Turnpike
Roads • - ^ - 52

Highways (Public Health Aet); to

. indemnify Local Boards of

Health as regak^dii ratiiig for

- the Repair of Highways under

the Public Health Act, 1848-69

Holyhead Harbours, fur regulating nnd
maintaining, aiid for vesting
tliem in the Admiralty - 44

Incloaure of Lands ; 'to authorize the
Inclosure of certain Lands in
pursuance of i^ Report of the
Incloi^ure Commissioners for
England and Wiilea - 9. 48

d, , . I o amend and extend the Acts

• / for. the Incloaut^ Exchange,

-and Improvement of Lund - 97

Income Tax, to authorize Justices of
the Peace in Ireland to admi-
nister Oaths required in Mat-
ters relating to - , - 1

., —for granting to Her Majesty

• additional Duties oii Profits

" arising from Property, Profe*-

^iqns, Trades, and Offices - 10

', ., for gr.iiiting\ t<j Her Majesty

an increased Kate of^ Duty on

. Profita arising from Property,

Profebsions, Trades, , tod

Offices - - - ' . 24

^ to continue 16 & if Vict c. 91.

for extending for a limited Time
the Provision for Abatement of
Income Tax in respect of In-
surance of Lives - - 40

for better securing the collect-
ing and accounting for, by the
Collectors thereof - - 85

Incnnibered Estates in the West Indies,
to facilitate the 3aie and Trans-
ftrof - - - Cap. 117

Indemnity; annual Act to indemnify
such Persons as have omitted
tu qualify themselves for Offices
and Employments, and to ex-
tend the Time limited for those
Purposes respectively - 39

Indian Appointments ; to provide for
the Mode of parsing Letten
Patent and other Acts of the
Crown relating to India, and
for vcFting certain Powers io
the iiovernor General of India
in CDiiiicil • . . - 77

Industrial and Provident Societies Act,
1852, to amend - - 25

Industrial "Schools ; to render Refor-
Riatory and Industrial Schools
more available for the Beoefit
of Vagrant Children - - 74

Insurance on Lives, to continue 16 &
17 Vict c,91. for extending^
a limited Time the Pnmaoo
for Abatement of Income Tix
in respect of - - - %0

Jamaica, to jgmirantee the Liquidation
of a L<)an or Loans for the Ser-
vice of the Colony of - 54

Joint Stock Banks, to amend 7 Ik 8
Vict, c, 113. and 9 & 10 Vict.*
c. 75.| for the Regulation of - 73

Jury, to allow Verdicts on Trial by,
in Civil Causes, to be relumed^
although thn Jury may not be
unanimous - • - 59

Justices of the Peace in Ireland aatbo-
!'rized to administer Oaths re-
quired in Matters' relating to
the Income Tax - • I

Keyham; to empower the Commis-
sioners of the Admiralty to
construct a Tunnel lietween
Her Majesty's Dockyard at
Devonport and Her Majesty's
Steam Factory Yard at Key-
bam, and to acquire certain
Property for. Her Miyesty's
Service • * • -15

17*^ & 18» VICTORLaE.

911

XMcastcr (Couuty I'alatine of), further
to improve the Administration
of Justice in the Court of
Chancery of - • Cap. 82

■ for the further Amendment of

.the Process, Practice, and Mode
of Pleading in, and enlargi'ig
the Jurisdiction of the Superior
Court of Common Law of 125

l^and Revenues of the Crown, to pro-
vide for the Application of cer-
tain Stock purchased with
Monies which arose from the
Sale of Part of - - *68

— for the Exchange of the Office

jn Somerset House .of the
Duchy of Cornwall for an
Office to be erected in Pimlico
on the Hereditary Possessions
of the Crown - - - 93

Stands, Inclosure of ; to authorize the

Inclosure of certain Lands in

pursuance of a Report of the

Commis;i>ioncrs - for England

• and Wales - - 9. 48

-1 to amend and extend the Acts

. for the Inclosure, l^xchange,
and Improvement of - 97

' — for the Valuation of - 91

](«and Tax, for better securing the

..coiiectinq and accounting for,

by the Collectors thereof - 85

Law. See Courts of Law.

l#egislative Council (Canada); to em-
power the Legishiture of Canada
to alter the Constitution of the
Legislative Council for that
Province, and for other Pur-
poses - - - - 118

fetters Patent and other Acts of the
Crown relating to India, to
provide for the Mode of pass-
ing - . - - 67

libraries; to amend 16 & 17 Vict,
c. 101. for extending the Public
Libraries Art, 1850, to Ireland
and Scotland - - - 64

r for the Care of a Public Li-
brary, and the Erection of a
Public Museum in Dublin - ^^99

Life Insurance; to continue 16 & 17
Vict. c. 91. to extend for a
limited Time the Provision
for Abatement of Income Tax

in respect of Inoiirance on
Lives - - Cap. 40

Liffey (River) ; to enable the Collector
General of Dublin to levy
Money to repay a certain .Out«
lay by the Corporation ibr pre-
serving and improving the Port
of Dublin in and about, repair-*
ing the Quay Wall of the River
' Liffey, and for future Bepaixs
thereof, and' for repairing and
rebuilding Bridges over the said
River - - - *22

Linen, &c Manufactii^res, to continue
5 & 6 W. 4. c. 27.. 3 «f 4 Vict.
c.91.,5&6Vict.c.6S.,7&8Vict.
c. 47., IS & 14 Vict. c. 48.,

15 & 16 Vict. c. 13., and

16 & 17 Vict. c. Ip3., relating
to - - - - *46

Literary and Scientific Institutions; to
afibrd greater Facilities for the
Establishment of Institutions
for the Promotion of Literature
, and Science and the Fine Arts,
and to provide for their better
. Regulation - - - 112

Local Boards of Health indemnified as
regards rating for the Repair of
Highways under the Public
Health Act, 1&48 - - 69

London University, to extend to Gra-
duates of^ the Rights enjoyed
by the Graduates of the Uni-
versities of Oxford and Cam-
bridge in respect of the Practice
of Physic - - - 114^

Lord's Day, for further regulating the
Sale of Beer and other Liquors
on - - ... 79

Manchester ; to repeal 53 G, 3. c. 72.
and 8 & 9 Vict c. 21. ; and for
making Provision for the Ap-
pointment and for Remunera-
tion of a Stipendiary Justice for
the Division of Manchester, and
of Clerks to such Justice and
the Justices for the Borough of
Salford - - - 20

Manning the Navy; for the Encourage-
ment of Seamen and the more
effectual Manning of Her Ma-

912

INDEX to the Public General Acts,

jerty'c Navy duriDg the preient
War ... Cap. 18

MariDe Mutinj; for the Regulation
of Her iMajerty's Royai Marine
Forces while oo Shore - 6

Marriagef^ to proTide for th<
Registration of 4^^'^

— ^— to render valid certain Mar-
riages of British Subjects in
Mexico - - - - 88

Married Women, to remove Doubts
concerning the Acknowledg-
ment of Deeds by, in certain
Cases - - . - 75

Mauritius, for establishing the Validity
of certain Proceedings in Her
Majesty's Court of Vice Ad-
miralty in - - - - 37

Mayo (County of% to provide for the
Repayment of Monies advanced
to, irom the Exchequer, for
public Purposes - - *nO

Medical Graduates of the University
of London, to extend the Rights
enjoyed by the Graduates of
the Universities of Oxford and
Cambridge in respect to the
Practice of Physic to - 114

Members of Parliament, to consolidate
and amend tlie I^aws relating to
Bribery, Treating, and undue
Influence at Elections of - 102

Merchant Shipping, to amend and
consolidate the Acts relating
to - - - 104

■ to repeal certain Acts and

Parts of Acts relating to, and to
continue certain Provisions in
the said AcU - - - 120

Metropolis, to make further Provision
for the Burial of the Dead be-
yond the Limits of - - 87

Metropolitan Police District, to place
Public Statues within, under the
Control of the Commissioners
of Her Majesty's Works and
Public Buildings - - S3

Metropolitan Sewers Acts, to continue
and amend - - - 111

Mexico, to render valid certain Mar-
riages of British Subjects in 88

Midland Great Western Railway of
Ireland Company, to settle the
Contribution to be made to, by

certain Baronies in Roscommon
and Galway and the Conoty of
the Town of Galway - Cap.*124

Military Asylum. See Royal Military
Asylum.

Militia; to amend the Laws relating
to the Militia of the United
Kingdom - - - IS

to amend the Laws relatiof?

to 105

for amending the Laws relating

to, and raising a Volunteer
Militia Force - - 106~»107

Mih'tia Pay ; to defray the Charge of
the Pay, Clothing, &c. of the
Disembodied Militia; to grant
Allowances, in certain Cases,
to Subaltern Officers, &c ;
and to authorize the Employ-
ment of the Non-commissioned
Officers - - 109

Militia Ballots Suspension ; to snapend
the making of Lists and the
Ballots for the Militia of tbr
United Kingdom -* - 10^'

Ministers Money, to amend the Livs
relating to - - - *ll

Molasses, to alter the Duties of Customs
on 29

Museum ; for the Erection of a Public
Museum in Dublin - - ^99

Mutiny ; for punishing Mutiny and
Desertion, and for the better
Payment of the Army and their
Quarters - - - - 4

for the Regulation of the Royal

Marine Forces while on shore 6

National Gallery, &c. (Dublin); fortlie
Establishment of a ^zXiooak
Gallery of Paintings, Sculpture,
and the Fine ArU^, for the Care
of a Public Library, and the
Erection of a Public Museum
in Dublin - - - •99

Navy, for the more effectual Manning
of, during the present War 18

Navy Pay ; for facilitating the Payment
of Her Majesty's Navy, and the*
Payment and Distribution of
Prize.Bounty, Salvage, and other
Monies to and amongst the
Officers and Crews of Her Ma-
jesty's Ships and Vesseb of War-,

17« & 18^ VICTORIiE.

913

and for the better Regulation of
the Accounts relating there-
to • - - Cap. 19

New Forest, for the Settlement of
Claims upon and over - 49

Oaths, to apoinb Persons to administer,
in the High Court of Ad
miralty - - - - 78

9 to authorize Justices of the

Peace in Ireland to administer
Oaths required in Matters re-
latinjr to Income Tax - - 1

Offenders (Youthful), for the better
Care and Reformation of - 86

OfficeSy for granting to Her Majesty
additional Duties on Profits
arising from - - - 10

. for granting to Her Majesty

an increased Rate of Duty on
Profits arising from - - 24

Offices and Employments; annual In-
demnity Act for Persons
neglecting to qualify for - S9

Ordnance; to facilitate the Purchase
of Common, Commonable, and
other Rights by the principal
Officers of Her Majesty's Ord-
nance - - - . 57

Outrage. See Crime and Outrage.

Oyer Darwen (Lancaster), to confirm
a Provisional Order of the
General Board of Health for
the District of - -^53

Oxford Chapel, in the Parish of Saint
Marylebone, to enable the
Trustees of, to augment the
Salary of the Minister of the
said Chapel - - 70

Oxford University; to make further
Provision for the good Govern-
ment and Extension of the
University of Oxford, and of
the Colleges therein, and of the
College of Saint Mary, Win-
chester - - - - 81

Paintings ; to provide for the Esta-
blishment of a National Gallery
of Paintings, Sculpture, and the
Fine Arts, in Dublin - *99

Parliament See Members of Parlia-
ment.

Parochial Schoolmasters, to regulate

the Salaries of - - 98

17 & 18 Vict. 3

Pimlico ; for the Exchange of the
Office in Somerset House of the
Duchy of Cornwall for an Office
to be erected in Pimlico on the
Hereditary Possessions of the
Crown - - - Cap. 93

Plymouth (Devon), to confirm a Pro-
visional Order of the General
Board of Health for the District
of - - . - - 53

Poor; to continue 16 & 17 Vict c. 77.
for charging the Maintenance of
certain poor Persons in Unions
upon the Common Fund • 43

^—^ to continue the Exemption of
Inhabitants from Liability to be
rated, as such, in respect or
Stock in Trade or other Pro-
perty, to the Relief of the-
Poor - ... 66.

Poor Law Board, to continue - 41

Poor Law Commission, to continue ^3

Portland Chapel, in the Parish of Saint
Marylebone, to enable the
Trustees of, to augment the
Salary of the Minister of the
said Chapel - - - 70

Prisons; for the Formation, Regula-
tion, and Government of Con-
vict Pripons - - - •76-

Prisoners Removal ; to amend the Law
relative to the Removal of Pri-
soners in Custody - - 115

Prize Money, for facilitating the Pay-
ment of, to and amongst the Offi--
cers and Crews of Her Majesty's
Ships and Vessels of War 19

to authorize the Application of

a Sum of Money out of the for^
feited and unclaimed Army
Prize Fund, in enlarging and
improving the Royal Military
Asylum - - - -61

Property and Professions, for granting^
to Her Majesty additional Duties
on Profits arising from - 10
for granting to Her Majesty an

increased Rate of Duty on Pro-
fits arising from - - - 24

Property (Rateable), further to amend
15 & 16 Vict c. 63. relating to
the Valuation of - - *8

Provident Societies Act, 1852, to
amend - - - - 25

N

914

INDEX to the Public General Acts,

Public Health, to make better Provi-
sion for the Administration of
the Laws relating to - Cap. 95

Public Libraries, to amend 16 & 17 Vict.
C.101. for extending the Public
Libraries Act, 1850, to Ireland
and Scotland - - - 64

Public Revenue andCunsoHdated Fund
Charges; to alter the Mode of pro-
viding for certain Expenses now
charged upon certain Branches
of the Public Revenues and upon
the Consolidated Fund - 94

Public Statues ; to place Public Statues
within the Metropolitan Police
District under, the Control of
the Commissioners of Her Ma-
jesty s Works and Public Build-
ings - - - - 33

JBailways, for the better Regulation of
the Traffic on - . - 31

Rateable Property, further to amend
15 & 16 Vict. C.63. for the
Valuation of - - - *8

Rates. See Borough Rates.
^Real Estate Charges; to amend the
Law relating to the Administra-
tion of the Estates of deceased
Persons - - - 118

Reformation of Youthful Offenders 86

Reformatory and Industrial Schools, to
render them more available for
the Benefit of Vagrant Chil-
dren - - - - 74

Registration of Bills of Sale ; for pre-
venting Frauds upon Creditors
by secret Bills of Sale of per-
sonal Chattels - - - 36

Registration of Bills of Sale - *55

Hegistration of Births, Deaths, and
Marrias^ to pi^gxide for the
better /^^ kUcUZo^^J' 80

'Rent, to facilitate the Apporuonment

ofy when Parts of Lauds in Lease

are taken for the Purposes of the

' Church Building Acts - 32

Returning Officers, to amend the Law
relating to the Appointment of,
in certain Cases - - 57

Roads. See Turnpike Roads.

Roscommon, to settle the Contribution
to be made by certain Baronies
in, to the Midland Great Western

Railway of Ireland Com-
pany - - - Cap. •124

Royal Military Asylum; to authorize
the Application of a Siiia of
Mopey out of the forfeited and
unclaimed Army Prize Fund in
enlarging and improving the
Royal Military Asylum - 61

Russian Government Securities; to
render any Dealing with Secu-
rities issued during the present
War between Russia and Eng-
land by the Russian Gorem-
ment a Misdemeanor - 123

Saint Mary, Winchester, to make fur-
ther Provision for the good Go-
yernment of the College of 81

Salaries of Parochial SchoolmasteR^
to regulate - - - 98

Sale of Beer; for further regulating the
Sale of Beer and other LiqudRs
on the Lord's Day - - 79

Salford Borough and Manchester Di-
vision. See Manchester.

Salvage, for facilitating the Paymoit
and Distribution of» to and
amongst the Officers and Crews
of Uer Msgesty's Ships and
Vessels of War - - - 19

Savings Banks, to continue 1 1 & 12 Yict
c. 133. for amending the Laws
relating to, and to authorize
Friendly Societies to invest the
whole of their Funds in Savings
Banks - - - - •50

Schoolmasters (Parochial), to regohle
the Salaries of - - 99

Science, to aff(>rd greater Facilities for
the Establishment of Institatkms
for the Promotion of - 112

Sculpture; to provide for the Esta-
blishment of a National Gallery
of Paintings, Sculpture, and tfaie
Fine Arts, in Dublin - *99

Seamen, for the Encouragement of, and
the more effectual Manning of
Her Majesty's Navy during the
present War - - - 18

for facilitating the Payment <^

and the Payment of Piiie^
Bounty, Salvage, and other
Moniesamong - • • 19

17^ & 18^ VICTORIA-

915

Secret Bilb of Sale of personal Chattels,
for preventing Frauds upon
Creditors by - - Can. 36

Securities (Heritable), to extend the
BenefiU of 8 & 9 Vict, c 31.
and 10& 1 1 Vict c 50. relating
to the Constitution, Transmis-
sion, and Extinction of - 62

Securities (Russian Government), to
render any Dealing with Secu-
rities issued during the present
War between Russia and Eng-
land by the Russian Govern-
ment a Misdemeanor - 123

hewers ; to coiUiuue and amend
the Metropolitan Sewers
Acts . - - 111

Sheriff and Sheriff Clerk of Chancery,
to provide for Payment of the
Salaries of - - 72

Shipping ; to amend and consolidate
the Acts relating to Merchant
Shipping - - - 104?

to repeal certain Acts and Parts

of Acts relating to Merchant
Shipping, and to continue cer-
tain Provisions in the said
Act^ - - - - 120

Ships ; to admit Foreign Ships to the
Coasting Trade - - - 5

Silver. See Gold and Silver Wares.

Somerset House, for the Exchange of
the Office of the Duchy of Corn-
wall in, for an Office to be erected
in Pimlico on the Hereditary
Possessions of the Crown - 9S

South Wales, for extending the Time
limited for putting into execu-
tion 14 & 15 Vict. c. 16. for the
better Management and Control
of Highways in - - 7

Spirits, to alter the Duties of Customs
on - - - - 29

to amend the Laws for the

better Prevention of the Sale
of, by unlicensed Persons, and
for the Suppression of illicit
Distillation - - • *89

Stamp Duties, to amend the Laws re-
lating to ... 83

Stamps, to substitute, in lieu of Fees,
in the High Court of Ad-
miralty - - - - 78

3N

Standard of Gold and Silver Wares ;
for allowing Gold Wares to be
manufactured at a lower Stan-
dard than tliat now allowed by
Law, and to amend the Laws
relating to the assaying of Gold
. and Silver Wares - Cap. 96

Statues (Public); to place Public Sta-
tues within the Metropolitan
Police District, under the Con-
trol of the Commissioners of
Her Majesty's Works and Public
. Buildings - - - S3

Stock in Trade ; to continue the Ex-
emptitn of Inhabitants from
Liability to be rated, as such, in
respect of Stuck iu Trade or
other Property, to the Relief of
the Poor - - - 66

Sugar; to alter the Duties of Customs

on 29

■ for granting certain Duties of
Excise on, made in the United
Kingdom ... SO

Supplies ; to apply 8,000,000/. out of
the Consolidated Fund to the
Service uf the Year 1854* 2. 21

for raising the Sum of

1,750,000/. by Exchequer Bilb
for the Service of the Year
185* .... 3

for raising 16,024,100/. by-
Exchequer Bills for the Service
of the Year 1864 - - 12

for raising 6,000,000/. by Ex-
chequer Bonds and Exchequer
Bills for the Service of the Year
1854 . . . . 2S

- Appropriation of - - 121
See Boundary Survey.

Survey.

Taxes. See Assessed Taxes. Income
Tax. Land Tax.

Towns Improvement ; to make better
Provision for the paving, light-
ing) draining, cleansing, supply-
ing with Water, and Regulation
of Towns ... •lOS

Trades ; for granting to Her Majesty

' additional Duties on Pirofits

arising from - - - 10

" for granting to Her Majesty

an increased Rate of Duty on
Profits arising from - - 24

916

INDEX to the Public General Acts.

Traffic on Railways and Canals, for the
better Regulation of - Cap. 31

Treason. See High Treaso •

Treating at Elections of ^Members of
Parliament, to consolidate and
amend the Laws relating
to - ... - 102

Trials by Jury, to allow Verdicts on, in
Civil Causes, to be returned,
although the Jury may not be
unanimous - - - 59

Turnpike Koads ; to continue certain
Acts for regulating - - •42

■ to continue 4 & 5 Vict c. 59.

for authorizing the Application
of Highway Rates to - 52
■ to continue certain Turnpike
Acts in Great Britain, and to
make further Provisions con-
cerning Turnpike Roads in
England - - - - 58

Turnpike Trusts Arrangements ; to
confirm certain Provisional
Orders made under 14& 15 Vict.
' c 88. to facilitate Arrangements
for the Relief of, and to make
certain Provi»ions respecting
Exemptions from Tolls • 51

Unions. See Poor.
Usury ; to repeal the Laws relating
to - ... 90

Vagrant Children ; to render Reforma-
tory and Industrial Schools
more available for - - 74

Valuation (Irt^and) Act Amendment ;
further to amend 15 & l(^ Vict
c. 68. relating to the Valuation
of rateable Property - - »8

Valuation of Lands and Heritages 91

Verdicts on Trials by Jury in Civil
Causes allowed to be returned
although the Jury may not be
unanimous - - - 59

Vice-Admiralty Court (Mauritius) ; for
establishing (he Validity of cer-

tain Proceedings in Her Ma-
jesty's Court of Vice- Admindty
in Mauritius - . Ohp* ^7

Wales (South) ; for extending the Time
limited for putting into exero-
tion 14 &'l5 Vict c. 16. for the
better Management and Control
of Highways in - - 7

Warwick Assizes ; to repeal cer:ai&
i^ovisions of 5 & 6 Vict. c. Ua
concerning the holding of As-
sizes for the County of War-
wick - - - - 35

Welbeck Chapel in the Parish of Saiot
Marylebone, to enable the
Trustees of, to augment, the
Salary of the Minister of tbe
said Chapel - . . 70

West Indies, to facilitate the Sale and.
Transfer of Incumbered Estates
in . - • - - -117

Westminster, for tbe further Amend-
ment of the Process, Practice^
and Mode of Pleading in and
enlarging the Jurisdiction of
the Superior Courts of Common
Law at - . - - 125

Willenhall (Stafford), to confirm a Fro-
visional Order of the Genera?
Board of Health for tbe Distnct
of - - - ^ -^5$

Winchester ; to make further Provision
for the good Government of tbe
College of Saint Mary, Win-
chester - - - - 81

Witnesses, to enable the Courts of Law
in England, Ireland, and Scot-
land to issue Process to compel
the Attendance of, out of tbeir
Jurisdiction, and to give Effect
to the Service of such Pi-ocess
in any Part of the United King-
dom - ... 34

YouthfulOffenders, for the better Care
and Kefbrmation of - - ^

60 ^l70STa2
90

S3 7

4788

V.

3 bios OliS 75A 3b7